A chemicals company has been determined to have engaged in reverse domain name hijacking regarding the domain sichem.
Sipchem Europe S.A., a subsidiary of the Saudi International Petrochemical Company (Sipchem), initiated a cybersquatting dispute with the World Intellectual Property Organization (WIPO), alleging that vanBaerle Management AG was unlawfully cybersquatting with the domain.
Earlier this year, vanBaerle Management AG needed to establish a new operating company. A family member involved in the company’s ownership had founded a holding company named Sichem Holding AG in 1995, prompting the decision to adopt that name for their new venture.
In March, vanBaerle Management AG acquired sichem.com, reportedly paying $4,777 for the domain through Sedo. By the time the dispute was filed in July, the respondent had already launched a website for its business using the domain.
WIPO panelist Tobias Zuberbühler ruled (pdf) that Sipchem failed to demonstrate that the domain owner lacked rights or legitimate interests in sichem.. Furthermore, the company did not provide evidence that the domain was registered or used in bad faith.
Zuberbühler concluded that the case constituted reverse domain name hijacking, noting that a review of the website associated with the disputed domain suggested that the respondent was operating a legitimate business within a different segment of the chemical industry, without targeting Sipchem. He pointed out that a check of the Commercial Registry would have shown that Sichem Holding AG had been registered since 1995, predating the establishment of Sipchem in 1999 and the registration of the SIPCHEM trademark in 2016.
In light of these findings, the panel concluded that Sipchem had attempted reverse domain name hijacking.
Watson Farley & Williams represented the complainant, while BOHEST AG represented the domain name owner.
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