Following a recent UDRP (Uniform Domain-Name Dispute-Resolution Policy) ruling, Work In Progress Creative Solutions Ltd, operating as WIP Systems, has been found guilty of reverse domain name hijacking.
The company, known for its workflow platform, had been utilizing the domain names wipsystems.co.uk since 2007 and wipsystems.com.au since 2018. However, their pursuit of the domain wipsystems.com led them to file a UDRP cybersquatting complaint in an attempt to gain control of the domain.
The domain in question, wipsystems.com, had been registered by a Washington state individual back in 2000. Despite efforts spanning approximately two decades, the Complainant had been unsuccessful in purchasing the domain from the registrant.
While asserting its usage of the “WIP Systems” name for over two decades, the Complainant failed to provide concrete evidence to support this claim.
The UDRP panelist, Terry Peppard, swiftly ruled in favor of the domain owner due to the timeline of events and concluded that WIP Systems had initiated the case in bad faith. The decision was based on several key points:
The Complaint was lodged by the Complainant out of frustration after failed attempts to acquire the domain through negotiations.
The Complainant was aware, at the time of filing the Complaint, that the Respondent had registered the domain before the Complainant had established rights in the relevant mark.
Lack of evidence to suggest that the Respondent had registered the domain in anticipation of the Complainant’s claim to the mark.
The panel found that the Complaint lacked merit and that the
Complainant had engaged in bad faith practices by attempting to acquire a domain through UDRP processes that rightfully belonged to the Respondent. Consequently, the ruling determined that the Complainant had committed Reverse Domain Name Hijacking as outlined in the UDRP Rules.
You Might Be Interested In
