Cooper Mills DomainLawyer
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Well folks another day, another RDNH finding, this time by well known Australian panelist John Swinson
The case is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd. Case No. D2016-2010
The domain name is question was powerly.com
This is a nice statement by the Panel:
In this case the Complainant made no attempt to prove the existence of any trade mark rights prior to 2015, yet asserted without any supporting evidence that the Disputed Domain Name was registered in bad faith. The Complainant asserted use in bad faith, but made no proper attempt to justify that assertion. There is nothing in the evidence to suggest that the Respondent has been targeting the Complainant or its trade marks. The Complaint had no prospect of success on the facts set out in the Complaint, and the Complainant or those advising it must have been aware of that fact.
It appears to the Panel that the Complainant wishes to operate under the brand "Powerly", as opposed to "Powerley", and filed this Complaint in an attempt to obtain the corresponding domain name. This is an abusive use of the Policy.
In light of the above findings the Panel has no hesitation in finding that the Complainant has used the Policy in bad faith "to attempt to deprive a registered domain name holder of a domain name". The Panel finds that the Complainant is guilty of Reverse Domain Name Hijacking.
The quote I have underlined above is becoming more and more prevalent.
The case is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd. Case No. D2016-2010
The domain name is question was powerly.com
This is a nice statement by the Panel:
In this case the Complainant made no attempt to prove the existence of any trade mark rights prior to 2015, yet asserted without any supporting evidence that the Disputed Domain Name was registered in bad faith. The Complainant asserted use in bad faith, but made no proper attempt to justify that assertion. There is nothing in the evidence to suggest that the Respondent has been targeting the Complainant or its trade marks. The Complaint had no prospect of success on the facts set out in the Complaint, and the Complainant or those advising it must have been aware of that fact.
It appears to the Panel that the Complainant wishes to operate under the brand "Powerly", as opposed to "Powerley", and filed this Complaint in an attempt to obtain the corresponding domain name. This is an abusive use of the Policy.
In light of the above findings the Panel has no hesitation in finding that the Complainant has used the Policy in bad faith "to attempt to deprive a registered domain name holder of a domain name". The Panel finds that the Complainant is guilty of Reverse Domain Name Hijacking.
The quote I have underlined above is becoming more and more prevalent.