Company filed cybersquatting complaint in abuse of the UDRP.
A fashion clothing company has been found to have engaged in reverse domain name hijacking over the domain name BraveSoul.com.
Complainant Whispering Smith Limited is affiliated with the fashion company that runs BraveSoul.co.uk and BraveSoul.es. It filed a UDRP to get the matching .com domain name.
But the complainant didn’t show any trademark rights until after the domain name was registered in 2001, so the domain name clearly wasn’t registered in bad faith.
In finding abuse of the policy, The World Intellectual Property Organization panel noted that the case was destined to fail. It also said that the complainant’s attorney, Enrique Antonio Delgado Carravilla, tried to “mislead the panel by mischaracterizing its trademark rights.”
The domain name owner was represented by Zak Muscovitch.
wonder if icann has ever even consider a penalty