A MEK panel member determines that the Australian company filed a bad faith cybersquatting case.
An Australian hosting and server company was find engaging in reverse domain name hijacking.
GSL Networks Pty Ltd. operates a business called Streamline Servers which provides game servers and other hosting services. He filed a UDRP complaint against the owner of StreamlineServers.com.
The owner of the domain registered it in 2004, long before the Complainant existed or had any trademarks for the term. Although the dates on which the complainant acquired the rights are disputed, they are all after 2004. This means that it is impossible for the domain owner to have registered the domain to cybersquat on the non-existent right of the complainant at the time.
World Intellectual Property Organization panelist Andrew DS Lothian wrote:
In view of all of the foregoing, the Panel is of the view that the failure of the Complainant, or that of its representatives, to conduct fundamental research into the history of the disputed domain name before resorting to its Complaint under the Politics, as well as the Representatives’ apparent lack of familiarity with policy precedents on the relevant issue, places this particular case on the territory of the RDNH. Based on the Respondent’s observations, the Panel has no doubt that the Respondent has suffered inconvenience and expense, and in this case the Panel determines that the circumstances call for the sanction available to it, under paragraph 15 (e). of the Rules.
The Panel concludes that the Complaint was filed in bad faith and constitutes an abuse of the administrative procedure.
Dowd & Company represented the plaintiff and Lewis & Lin, LLC represented the owner of the domain name.