Startup makes misguided arguments in attempt to get domain name registered in 2009
A technology company based in Denmark has been found to have engaged in reverse domain name hijacking over the domain name acubit.com. Based on the arguments it made, it seems that its law firm did not have a firm understanding of how UDRP works.
Among Acubit’s arguments that it should receive the domain name were that:
…under Danish trademark rules, the registration or maintenance of a domain name which conflicts with a trademark is contrary to good practice. It also contends that it is “standard practice” for a domain name to be assigned to the relevant trademark owner. The Complainant states that: “the right to use Acubit.com is much more interesting and valuable to Acubit A/S than to the Defendant” and adds that the Complainant has invested considerable resource into its trademark.
The Respondent registered the domain in 2009, well before the Complainant claims any trademark rights in the term acubit.
The panel found that Acubit should have known that it had no reasonable chance of prevailing in the proceeding and found that the case was brought in bad faith.
Acubit was represented by Hjulmand & Kaptain. The Respondent represented himself.