Cloud services company Pilotfish Networks AB, which uses the Swedish country code domain Pilotfish.se, has been found to have engaged in reverse domain name hijacking over the domain Pilotfish.com.
The company filed a UDRP against Austin, Texas-based company Dynamo.com that claimed Dynamo was cybersquatting with its registration of the domain name Pilotfish.com.
A three-person World Intellectual Property Organization panel found in Dynamo’s favor and wrote that “Any reasonable investigation would have revealed that this was a Complaint that could not have possibly succeeded.”
Among the panel’s concerns was Pilotfish’s claim that the current owner of the domain didn’t register it until 2006, which was after Pilotfish filed for a trademark. While the registrant of record changed in 2006, it was really a name change and the domain was under the same person’s control. The panel was troubled that Dynamo.com had already provided evidence of this to Pilotfish yet Pilotfish still made this claim in its case.
Pilotfish also did not provide evidence of use dating back to when it said it used the domain, which might predate Dynamo.com’s ownership of the domain.
The panel summarized:
The Panel finds that the decision to file a Complaint when the Complainant was aware through pre-Complaint correspondence that the Domain Name corresponded to a dictionary word, had never been used to target its business, was registered prior to (on the evidence the Complainant puts before the Panel) any reputation arising in the PILOTFISH Mark and was registered to an entity that indicated in the strongest terms that it was not interested in selling the Domain Name to it, constitutes reverse domain name hijacking.
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