German software company Miray Software AG has been found to have engaged in reverse domain name hijacking over the domain name Miray.com. The company uses the German country code domain name Miray.de.
The owner of the domain name, who is located in the United States, registered the domain name shortly after Miray claims that it went into business in 2000, but before it had any web presence or had filed trademarks. The company essentially admitted that the domain name owner did not register the domain name to target the software company’s nascent business.
Miray Software subsequently tried to buy the domain name but could not come to terms.
On the issue of registration and use in bad faith, the panel noted:
The Panel merely notes that a registrant who has registered a domain name in good faith is entitled to behave as the Respondent has done in this case, namely to publish any or no content at the associated website, to name its price for such domain if approached by an interested party if it is willing to enter into negotiations to sell it, and ultimately to break off communication with a prospective purchaser if suitable terms cannot be agreed.
Panelist Andrew D. S. Lothian heard the case for World Intellectual Property Organization.