Panel admonishes company for failing dispute in bad faith.
LawCloud BV, a company that provides services to law firms, has been found guilty of reverse domain name hijacking.
The company, which uses the domain name law.cloud, filed a cybersquatting complaint against the domain name lawcloud.com.
The case was dead on arrival because the domain investor who owned the domain acquired it before the Complainant even existed. This is another example of a case that could have been prevented if UDRP intake forms asked the Complainant to verify that its trademark pre-dated the acquisition/registration of the domain name.
The three person World Intellectual Property Organization panel wrote (pdf):
The Panel concludes that the Complainant’s actions constitute Reverse Domain Name Hijacking since the Complainant, which is represented by counsel, should have appreciated the the fact that it could not succeed in demonstrating that the Respondent registered the disputed domain name in bad faith, as the disputed domain name was acquired a year before the Complainant came into existence and even longer before the Complainant’s trademark was registered. Moreover, the Complainant also failed to provide any evidence to demonstrate that the Respondent used the disputed domain name in bad faith.
Advocatenkantoor Desdalex LLC represented the Complainant and Muscovitch Law P.C. represented the domain investor.