Tries to drop the ‘the’ through bad UDRP case.
Mind Gym plc, a company that provides business consulting services, has been found (pdf) to have engaged in reverse domain name hijacking in a cybersquatting dispute over MindGym.com.
The company operates its website at TheMindGym.com. Its site says it has provided services to half of the companies in the S&P 100 and FTSE 100.
Mind Gym was founded in 1999 or 2000, but the owner of MindGym.com registered the domain name in 1996. That made this case filed at World Intellectual Property Organization dead on arrival because the Complainant could not show that the domain was registered to target it.
Panelist Scott Blackmer wrote:
In a proceeding under the Policy, it is elementary that the complainant must demonstrate bad faith both in the registration and use of the disputed domain name. In this case, the Domain Name was registered 26 years ago, a long delay for bringing a proceeding where the Complainant bears the ultimate burden of proof and must find persuasive evidence. Critically, the Domain Name was registered long before the Complainant acquired any trademark registrations and four years before the Complainant began doing business under the relevant name and claimed mark. The Complaint does not even address this glaring obstacle to relief under the Policy, which is amply discussed in the WIPO Overview 3.0, section 3.8…
The domain owner informed Mind Gym plc of this issue when it filed the case and invited it to withdraw the case, but it did not.
Lewis Silkin LLP represented Mind Gym plc, and FRKelly represented the domain owner.