Company went after domain name used by Houston medical practice.
Gene therapy company Regenxbio Inc. tried to reverse domain name hijack the domain name RegenXHealth.com, a National Arbitration Forum panel has found.
RegenXHealth.com is used by a Houston men’s health medical practice.
The two companies have been battling over trademarks at the U.S. Patent and Trademark Office, a fact that Regenxbio failed to disclose in its complaint. It’s also quite clear that the respondent has a legitimate interest in the domain–it’s not like it set up a practice in Houston with signage and branding as an elaborate cybersquatting ruse.
In finding reverse domain name hijacking, the three-member panel wrote:
The Panel concludes that the evidence supports a determination that Complainant engaged in reverse domain-name hijacking. In reaching this determination, the Panel notes that: (1) Complainant asserted that Respondent, through the use of a privacy shield is “unknown” despite ample evidence, including the pending proceedings at the PTO and access to the Respondent’s website, that Complainant knew the Respondent’s identity; (2) Complainant’s argument that the parties are competitors, insofar as they both provide medical-related services, is disingenuous at best, given the highly differentiated nature of the services; and (3) Complainant’s assertion that Respondent’s website uses and displays Complainant’s REGENXBIO mark is not supported by the evidence
In view of the above, the Panel concludes that this proceeding was brought in bad faith and warrants a finding of reverse domain-name hijacking under Rule 15(e).