Company in Spain filed dispute against CloudTango.com.
HugeDomains has won a reverse domain name hijacking charge against the company that operates CloudTango.org, a directory of cloud services providers.
The Complainant, listed as Jordi Vilanova in the decision, registered CloudTango.org after HugeDomains acquired CloudTango.com. It apparently didn’t start using the brand until after it registered the .org domain name.
Thus, it was impossible that HugeDomains registered CloudTango.com in bad faith to target the Complainant’s non-existent brand.
Two of the three panelists in the WIPO UDRP decision found that the complaint was a case of reverse domain name hijacking. The third panelist, Lorelei Ritchie, wrote, “a complainant should feel free to initiate a UDRP complaint where the complainant has an honest and good faith belief that it is able to establish the necessary elements.”
Panelist Neil Anthony Brown wrote a concurring opinion on reverse domain name hijacking, noting that, if it were allowed, he would have required the Complainant to pay the Respondent’s fees. He mentioned something I didn’t realize — that Canada’s version of UDRP provides this remedy for .ca disputes.
Mapa Trademarks SL represented the Complainant. HugeDomains was internally represented.
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Author: Andrew Allemann