What’s Italian for domain hijacking?
Colussi S.p.A. of Milan, Italy has been found to have engaged in reverse domain name hijacking (RDNH) over the domain name Colussi.com.
The domain name is owned by Andrea Colussi, a cousin of the current Chairman and a shareholder of Colussi S.p.A., and nephew of Angelo Colussi, the founder of Colussi S.p.A.
This was a dead-on-arrival case. How could you show that someone whose last name is Colussi doesn’t have a legitimate interest in the domain name Colussi.com?
The complaint suggests that Andrea Colussi should have transferred rights in the Colussi name along with a business sale that took place in 1999. The World Intellectual Property Organization panelist reviewed the documentation around that agreement but probably didn’t need to. It seems to be outside the scope of a UDRP.
The panelist listed five reasons for finding RDNH. The first one was reason enough:
…the Complainant was clearly aware of the Respondent’s identity and of his family name, Colussi, which is identical to the disputed domain name, and thus the Complainant had a clear knowledge of the Respondent’s rights and legitimate interests in the disputed domain name.