WIPO panelist determines that Australian company filed cybersquatting case in bad faith.
An Australian hosting and server business has been found to have engaged in reverse domain name hijacking.
GSL Networks Pty Ltd. operates a business called Streamline Servers that provides gaming servers and other hosting services. It filed a UDRP against the owner of StreamlineServers.com.
The domain owner registered it in 2004, well before the Complainant existed or had any trademarks for the term. While the dates that the Complainant acquired rights are in dispute, they are all after 2004. This means it’s impossible that the domain owner registered the domain to cybersquat on the Complainant’s non-existed right at the time.
World Intellectual Property Organization Panelist Andrew D. S. Lothian wrote:
Bearing all of the above in mind, the Panel is of the view that the Complainant’s failure, or that of its representatives, to carry out basic research into the history of the disputed domain name before resorting to its Complaint under the Policy, together with the representatives’ apparent lack of familiarity with Policy precedent on the relevant issue, places this particular case into RDNH territory. Based on the Respondent’s submissions, the Panel does not doubt that the Respondent has suffered inconvenience and expense, and in this case the Panel determines that the circumstances call for the sanction which is available to it, in terms of paragraph 15(e) of the Rules.
The Panel finds that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.
Dowd & Company represented the Complainant, and Lewis & Lin, LLC represented the domain name owner.
Ed Seaford says
This is why UDRP should be left to the experts. it baffles me that these type of cases ever get submitted. It is easy to lose a DRP case if you are unfamiliar with the rules, principles and relevant case law. Pains me that this could have been so easily avoided.