A new company goes after domain registered in 2005.
The owner of a business called Spase has been found to have tried reverse domain name hijacking the domain name Spase.com.
Spase is a service that converts photographs into 3D models. The business was just launched last year at Spase.io. The owner of Spase.com registered it in 2005.
In other words, this was a dead-on-arrival UDRP filing. The Complainant could not show that the domain registrant acquired the domain in 2005 to target a business that launched in 2019.
It’s another example of a case that could have been avoided if UDRP providers would ask a simple question on their intake form:
Do you claim trademark rights that predate the current registrant’s registration of the domain name?
If the answer is no, the UDRP provider can explain to the Complainant that they don’t understand the policy and are wasting their time and money.
In this case, the Complainant wasted money filing the UDRP and paying for a three-member panel as requested by the Respondent. The Respondent had to pay for the panel and hire an attorney. It was a waste of both parties’ time.
The Complainant, Sahil Gupta, was internally represented. Greenberg & Lieberman represented the domain owner Mrs. Jello, LLC. William Towns, Knud Wallberg, and Neil Brown decided the case for World Intellectual Property Organization.