Company filed UDRP for domain name that was registered before it existed.
Starpixel Marketing LLC dba Vape Magazine has been found to have engaged in reverse domain name hijacking for the domain name VapeMagazine.com.
VapeMagazine.com was registered in 2011. The complainant founded Vape Magazine about a year later and launched a site at vapenewsmagazine.com. It tried to buy VapeMagazine.com in 2014 but was rebuffed.
The panel noted:
Complainant knew that Respondent registered the disputed domain name well before Complainant began its business, and nearly two and a half years before it began using VAPE MAGAZINE in commerce. The Panel finds that it was bad faith Reverse Domain Name Hijacking to allege bad faith registration under these circumstances, especially given Complainant’s tenuous claim of rights under paragraph 4(a)(i) of the Policy.
Indeed, this case shouldn’t have been filed. It was dead on arrival.
Vape Magazine was represented by The Ingber Law Firm. The respondent was represented by Lewis Roca Rothgerber Christie LLP.