Domain investor wins UDRP but panelist declines to find RDNH based on inclusion of Complainant’s business on landing page.
Mike Mann and his company DomainMarket.com have successfully defended the domain name Tergus.com in a UDRP. However, the panelist declined to find reverse domain name hijacking because of the inclusion of a “Product and Service Directory” on the landing page for the domain name.
Mann acquired the domain in 2010, two years before Complainant Tergus Pharma, LLC claims trademarks for Tergus. Given these dates, panelist Scott Blackmer rightfully declined the cybersquatting claim.
However, Blackmer declined to find reverse domain name hijacking. He pointed to the landing page for Tergus.com. At the bottom of the page there’s a section labeled “Product and Service Directory” that lists three of the Complainant’s businesses (see picture above).
That does seem like a risky inclusion on a landing page of a domain for sale.