SD Wheel Corp. convicted of reverse domain name hijacking – domain name wire
A company that sells wheels, tires and other auto parts has filed a cybersquatting complaint in violation of the policy.
An auto parts company was convicted of reverse domain name hijacking in a cybersquatting conflict.
SD Wheel Corp. filed a UDRP claim against TrailBuilt.com. But the domain name holder owned it before SD Wheel claimed the first commercial use of the term and has failed to demonstrate that the domain was registered in bad faith.
A three-member panel of the National Arbitration Forum concluded that the case was filed in bad faith:
The facts on this matter in the file before us show the following:
- throughout these proceedings, the complainant was represented by an experienced legal advisor;
- The Complainant knew, or should have known, when he lodged his Complaint, that the Respondent had registered his domain name more than three months before the Complainant filed an application for registration of the service mark on which he s. ‘supports;
- The Complainant has not provided any evidence showing that the Respondent obtained its domain name registration in bad faith in anticipation of the Complainant’s trademark registration;
- The Complainant did not file its Complaint until after its efforts to purchase the Respondent’s domain name had failed; and
- The complainant continued to pursue this process with the filing of an additional submission after the highlights regarding the parties’ relative time priority in rights matters were presented to the panel in the respondent’s response.
In view of these facts, we conclude both that the complainant’s complaint is unfounded and that the submissions of the parties, taken as a whole, demonstrate that by filing and continuing this proceeding, the complainant attempted to improperly faith to obtain by abusing the processes of the Policy what it could not obtain to its satisfaction by negotiation. As a result, the complainant is guilty of reverse domain name hijacking as defined in the applicable rules.
Davis & Kuelthau. sc represented SD Wheel Corp. The owner of the estate was represented by Kleiman Professional Legal Services.