Company filed baseless cybersquatting dispute at WIPO.
A New York brand strategy company that uses the domain name Cassandra.co has been found to have engaged in reverse domain name hijacking in its attempt to get the domain name Cassandra.com.
Deep Focus Inc. filed the complaint against Abstract Holdings International, a domain name investment firm.
Abstract acquired the domain name in 2012 as part of a 1,427 domain name portfolio. The portfolio included many personal names such as natalia.com, jodie.com, and gabriella.com.
Deep Focus tried to buy the domain for $2,500. Abstract countered with a $200,000 price. Deep Focus then filed the UDRP as a Plan B for acquiring the domain.
A three-member World Intellectual Property Organization ruled that Deep Focus, which was represented by the law firm Hayes, Scott, Bonino & Ellingson, LLP, filed the case in abuse of the UDRP cybersquatting policy:
In the view of the Panel, the Complainant has disclosed no reasonable grounds for believing that the Respondent registered the disputed domain name with the Complainant or its trademark THE CASSANDRA REPORT in mind or with the intention of taking unfair advantage of the Complainant’s trademark. Nor, for the reasons set out above, has it disclosed reasonable grounds for believing that the Respondent has used the disputed domain name in bad faith. On the contrary, the Panel infers on balance that the Complainant commenced the current proceeding in the hope of acquiring the disputed domain name without paying the full price legitimately demanded by the Respondent for the sale of the disputed domain name. Noting also that the Complainant is legally represented in this proceeding, the Panel finds that that (sic) the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.
Domain name lawyer Zak Muscovitch represented Abstract Holdings International.
Richard says
Way to got Zak!
Shame on them, for thinking they could get a gem like Cassandra.com for $2,500. Even worth more than the 200k that the owner quoted. Be happy that your brand is available at all and pay the price…
Josh says
Congrats to owner and Zak!
Bob says
Zak “The Assassin” Muscovitch
doob says
so they’re a strategy company eh? some strategy.
Vito says
Congrats Zak Muskovitch and Abstract Holdings International!
The price of Cassandra.tv just went up 10x if an email ever comes in from these wanna be thieves.
David J Castello says
Would love to have been a fly on the wall when that firm had to explain to their client how badly they lost after assuring them they would win. Congrats Zak.
Anon says
Some Complainants’ IP lawyers don’t seem very competent at their jobs. Just hubris and incompetence all around.
Jon Schultz says
Great decision by some WIPO panelists who “get it.” Too bad Abstract Holdings won’t get reimbursed their legal fees.