Tech company tries to hijack domain name registered in 1999.
A Brazilian technology company has been found guilty of reverse domain name hijacking in its effort to get the domain name InLoco.com. The Complainant, In Loco Tecnologia da Informação S.A., uses InLoco.com.br for its website.
The phrase “in loco” is a common Latin phrase meaning “in the place” or “in the right or proper spot”. (Loco also means “crazy” in Spanish, and loco is an apt description of this case.)
The owner of the domain name registered it in 1999, well before the Complainant was established in 2014. In Loco Tecnologia attempted to acquire the domain name from the registrant before filing the UDRP complaint.
After filing the complaint, In Loco Tenologia tried to withdraw it. But the domain name owner said he’d only consent to this if it was with prejudice, meaning that it couldn’t be filed again at a later date. He also wanted the panel to rule on reverse domain name hijacking.
The three-person World Intellectual Property Organization panel agreed with the domain name owner:
To allow a complainant to simply withdraw a complaint without prejudice after a response has been filed would allow for the possibility of a complainant refiling a complaint against the same respondent at a later point. Such “eleventh hour withdrawals” of complaints without prejudice invites the filing of potentially abusive complaints for strategic reasons.
It found that the Complainant had no chance of winning the case and attempted reverse domain name hijacking.