Company acknowledged the domain was registered before it existed.
A World Intellectual Property Organization panelist has found (pdf) that Deepak Mining Solutions Limited, which provides mining chemicals and consulting, tried to reverse hijack the domain dmsl.com.
The company filed the dispute even though it acknowledged the domain was registered in 1996, many years before it incorporated.
Panelist Nick Gardner had no difficulty finding in favor of the domain owner, even though the registrant did not respond to the dispute. The dates made it impossible that the domain was registered in bad faith to target the complainant.
Gardner also pushed back on the complainant’s assertion that the registrant was offering the domain for sale. He noted that the notice at the domain was provided by the registrar and didn’t appear to be the result of the registrant offering the name for sale.
Even though the sale message wouldn’t have impacted the outcome, it’s good to see a panelist differentiate between a registrant listing a domain for sale and a registrar posting a notice that a domain might be for sale.
Photon Legal represented the mining company.
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