“Any reasonable investigation would have revealed that this was a Complaint that could not have succeeded,” panelist says.
A World Intellectual Property Organization panel has found Playtech Software Limited to have engaged in reverse domain name hijacking over the domain Playtechla.com. Playtech uses the domain name Playtech.com.
The company filed a cybersquatting complaint under UDRP against Play Technologies S.A.S, a Colombian development firm. Playtech said it became aware of the respondent and its domain name at a trade show in 2017.
It’s quite clear that the domain name owner is operating a business at the domain name Playtechla.com, and this contributed to panelist Nicholas Smith determining that the case was brought in bad faith:
The Panel finds that the decision to file a Complaint when the Complainant was aware of the Respondent’s prima facie legitimate use of the Domain Name and in circumstances where its arguments as to the Respondent’s lack of bona fide use had no realistic prospect of success constitutes reverse domain name hijacking. Any reasonable investigation would have revealed that this was a Complaint that could not have succeeded.
Smith also noted that “This case illustrates the widely recognized principle that the Policy is designed to deal with clear cases of cybersquatting.” That’s something some panelists lose sight of.
The complainant was represented by Linklaters in London.