The WIPO panel finds that the company filed a UDRP in bad faith.
A World Intellectual Property Organization panelist determined that SkyCell AG attempted to reverse the SkyCell.com domain name hijacking.
The company, which provides supply chain solutions to the pharmaceutical industry, uses the domain name SkyCell.ch.
The owner of SkyCell.com registered it long before SkyCell AG had any trademark rights to the term. SkyCell appeared not to know when the current domain owner acquired the domain. Still, he didn’t bother to modify his complaint once the registrar revealed the identity of the domain owner.
Finding the reverse domain name hijacking, panelist Steven Maier wrote:
However, even though the Complainant believed that it was possible that the Respondent acquired the disputed domain name in 2021 after the Complainant’s registration and use of the SKYCELL trademark, the Complainant still has not produced any evidence to demonstrate, or even to give rise to inference, that the respondent registered the disputed domain name with knowledge of this mark and in order to target it, rather than because of any inherent value. The Complainant even admits that his observations of bad faith are speculative, and while commenting that he was initially uncertain of the Respondent’s identity, he appears to have made no further investigation into the disclosure of this information by the Registrar.
In cases where the complainant has failed to establish even a At first glance case of bad faith, the Panel can only conclude that the Complainant had no reasonable or good faith basis to invoke, or at least after receipt of the information provided by the Registrar: to prosecute, the UDRP against the Respondent and this procedure in a speculative manner and therefore in bad faith. The Panel therefore supports the Respondent’s submission that the Complaint constitutes an attempted hijacking of a reverse domain name.
The increase in obfuscated Whois records as a result of the GDPR has made it more difficult for complainants to determine the ownership and ownership history of domain names. However, the registrar discloses this information to the UDRP provider upon filing, and the complainant can modify their complaint.
SkyCell was represented internally. Lewis & Lin, LLC represented the owner of the domain name.