AHNU shoe brand runs into a domain name snag

AHNU is stuck with ahnu.co after a failed cybersquatting claim.

World Intellectual Property Organization published the decision (pdf) in a dispute for ahnu.com today. Panelist Nick Gardner wrote a well-reasoned decision in favor of the domain name owner.

Deckers Outdoor, aka Deckers Brands (NYSE: DECK), owns many shoe brands, including Ugg, Teva, and Hoka.

The company acquired the footwear brand AHNU in 2009. That acquisition included the domain name ahnu.com. It discontinued manufacturing the brand in 2018 and let the domain expire in 2021. It was acquired by the current domain registrant (who didn’t respond to the dispute) after the domain dropped. Deckers relaunched the AHNU brand this year, using the domain ahnu.co.

(While not discussed in the case, the history of this domain is interesting. NameBio shows an initial sale for $2,545 on NameJet in June 2021. It shows another sale for $3,101 on NameJet in July 2022. DomainTools’ historical Whois shows New Venture Services, Newfold Digital’s domain investment holding company, as the owner between the first and second sale. Regardless of when the current registrant acquired the domain, it appears to have been when the shoe brand was no longer manufactured.)

Gardner dissected the circumstances and determined that this was not a clear-cut case of cybersquatting.

He noted that four-letter domain names are very popular, and it’s not surprising that the domain was registered the second it expired:

…“Ahnu” is simply four letters of the alphabet. Those letters when conjoined in this way do not form an immediately recognizable word – but they can be an acronym. Commonly when a domain name lapses it becomes available for reregistration and it is common practice for details of names that are likely to become available to be publicized beforehand, often in connection with some form of auction or competitive bidding process. The Panel would not be surprised by a lapsed four letter domain name being acquired immediately when it became available almost irrespective of whatever its previous usage may have been.

Deckers Outdoor pointed to UDRP cases of domains being dropcatched after the complainant let the domain expire and the panels ruling they should be returned to the previous owner. But those were all cases where the domain had a clear relation to the company that let it expire, and the domains were not generic like this one.

“The present case is not as straightforward because the Disputed Domain Name is likely to have inherent value,” he wrote.

Deckers supplied a screenshot of a Google search for AHNU showing the results are mostly related to its shoe brand. Gardner noted this screenshot was from 2024. What would it have looked like in 2021, given that the brand was no longer in production?

The question of dates brings up another issue where you could argue that Deckers tried to mislead the panel. Gardner noted that Deckers stated it acquired the brand in 2009, and “the brand was redesigned in 2024.” While true, this leaves out a critical point: the company wasn’t using the brand in 2021.

Gardner undertook limited research that showed that the brand was discontinued in 2018, and he then issued a procedural order asking for more information. That’s when he got all of the facts.

He ruled that Deckers did not show that the domain was registered in bad faith and denied the complaint. I think it was an exceptionally well-reasoned decision.

Markmonitor represented Deckers Outdoor.