University in Spain filed dispute after it inquired about buying the domain name.
Domain Capital has successfully defended its domain name UAX.com in a UDRP, and the Complainant was found guilty of reverse domain name hijacking.
Universidad Privada De Madrid, S.A., a University in Spain, filed the complaint after it first tried to buy the domain name. It wasn’t happy with the asking price, so it followed up with a cease & desist letter. Domain Capital’s attorneys responded to the letter explaining Domain Capital’s rights, but the university filed a cybersquatting complaint anyway.
The university failed to convince the panel that the three-letter domain was registered in bad faith. Instead, it appears that Domain Capital acquired the domain because of the value of short domain names.
In finding reverse domain name hijacking, the three-person World Intellectual Property Organization panel wrote:
When the Complainant’s failure to appreciate the weaknesses of its case, despite being placed on prior notice by the Respondent, is coupled to the fact that it only launched the Complaint after unsuccessfully attempting to acquire the disputed domain name at its own chosen price, the Panel accepts the Respondent’s submission that the Complaint was what is popularly known as a “Plan B case”, was brought in bad faith and constitutes an abuse of the administrative proceeding.
Domain Capital was represented by ESQwire.com. The university was represented by Legal Things Abogados.