App for runners tries to get domain registered well before it had trademark rights.
Financial software company Intuit has won a reverse domain name hijacking charge against RunSmart Online, LLC.
RunSmart Online, LLC filed a cybersquatting complaint against Intuit’s domain name RunSmart.com. It appears that RunSmart Online, LLC is a small business that uses the domain runsmartonline.com.
It makes sense that the company would desire the shorter domain runsmart.com. Unfortunately for it, Intuit registered the domain more than a decade before the Complainant started using the name.
It appears that RunSmart Online, LLC wasn’t represented by a lawyer, and it shows. This case was dead on arrival because it’s impossible to show that Intuit registered the domain to target a non-existent trademark.
Panelist David S. Safran had no problem finding that the case was filed in bad faith as an attempted reverse domain name hijacking.
Fenwick & West represented Intuit.