Company that uses Voys.nl tried to get Voys.com through a UDRP.
A Dutch telecom company has been found to have engaged in reverse domain name hijacking for bringing a cybersquatting complaint against the owner of Voys.com.
A three-person World Intellectual Property Organization panel determined that it filed its case in abuse of the policy. Among other things, Voys B.V. failed to mention three overtures made by the company or its representatives to buy Voys.com before filing the UDRP.
The panel took particular offense to Voys B.V.’s allegation that:
The domain name voys.com has never been used by Respondent after its registration. Since 2007, this domain name is even offered for sale. A copy of the webpage is provided as Annex 6. From this, it is evident that Respondent does not have a legitimate interest in the domain name voys.com.
To which the panel replied:
This is an extraordinary statement. It incorrectly assumes that (1) non-use of a domain name of itself prevents the registrant from acquiring a right or legitimate interest and (2) registration of a domain name for no reason other than to sell it necessarily deprives the registrant of a right or legitimate interest.
The owner of the domain name is an investor that specializes in four-character domain names, which is why he owns the domain name. The panel found no evidence that he targeted the complainant when he purchased Voys.com.
Perhaps one of my Dutch-speaking readers can chime in, but I get the impression from Voy’s website Voys.nl that it is in favor of internet and telecom freedom. This makes its decision to file an RDNH case quite surprising.