Personal Communication Systems, Inc. v. CDN Properties Incorporated

Domain: Healthwave.com – Wipo Case n. D2014-0664  June 23, 2014 – Reverse Domain Name Hijacking 

An interesting decision by a WIPO Single-Panel, rejecting Complainant’s allegations and declaring Complainant responsible of Reverse Domain Name Hijacking. The HEALTHWAVEC.COM domain name has been indeed registered “just four days short of a decade prior to the registration date of the Complainant’s HEALTHWAVE trademark. It is also some seven years and eight months prior to the claimed first use in commerce of such mark by the Complainant. Accordingly, the Respondent’s registration of the disputed domain name long pre-dates the earliest date on which the Complainant’s rights could have come into existence”: for this reasons, also considering the very descriptive nature of the domain name, the Panel excluded – even theoretically – any bad faith allegation. Sharing all Respondent’s (represented by Roberto Manno – WebLegal) reasoning, the Panel held Complainant responsible for Reverse Domain Name Hijacking according to para.15(e) of the UDRP Rules.

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