Golf promoter tries reverse domain name hijacking.
A World Intellectual Property Organization panelist has found a golf promoter guilty of reverse domain name hijacking.
Simon Zybek, who operates a website promoting a form of faster golf tournaments at BlitzGolf.net, filed the cybersquatting complaint against the owner of BlitzGolf.com.
The owner of BlitzGolf.com registered the domain in 2004 and started using it well before Zybek started using the term and getting trademarks for it. So there was no way that the domain owner targeted Zybek and his business with the domain registration.
In trying to address the issue of bad faith, Zybek’s counsel at Norman Waterhouse Lawyers wrote merely, “Unfortunately, in our view, the Domain is highly likely to interfere with Zybek’s rights to use the Trade Mark, as many people searching the Trade Mark (and associated products) will be directed to the Domain.”
Unsurprisingly, panelist Antony Gold found the case was filed in bad faith.
He noted that the Complainant provided a copy of one letter it sent to the domain owner but didn’t provide a copy of a second one it sent threatening to file a UDRP if the domain owner didn’t sell the domain to it for $1,000 and agree within one day.
Gold also noted that, after the case was filed, the domain owner’s counsel explained to Zybek’s counsel why this case was unwinnable. Yet Zybek’s counsel did nothing further to address its deficient reasoning for Registration in Bad Faith.
Gordon Feinblatt LLC represented the domain owner in his successful defense.
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Author: Andrew Allemann