The WIPO Case D2019-2925: Universidad Privada De Madrid, S.A. vs. Vince Harasymiak, Domain Capital

In the domain name dispute case D2019-2925, Universidad Privada De Madrid, S.A. (UNIVERSIDAD ALFONSO X EL SABIO -UAX), represented by Legal Things Abogados, Spain, filed a complaint against Vince Harasymiak of Domain Capital, United States. The case centered on the domain name “uax.com,” registered with GoDaddy.com, LLC. The complaint was filed with the WIPO Arbitration and Mediation Center on November 28, 2019.

Universidad Privada De Madrid, S.A., founded in 1993, argued that the domain name was identical or confusingly similar to its registered trademarks, which included the term “UAX.” The university claimed that it had used the “UAX” acronym since 1995 and held various relevant trademarks. The disputed domain name was created on January 24, 1999. Domain Capital acquired the domain in 2014 and used it for investment purposes, stating that the domain’s value was due to its nature as a three-letter domain name.

The university contended that Domain Capital had no legitimate interest in “uax.com” and accused it of registering and using the domain in bad faith, primarily for selling it at a price exceeding its out-of-pocket costs. Domain Capital refuted these claims, arguing that it was unaware of the complainant’s mark at the time of registration and that the domain was acquired due to its inherent value as a short, memorable online identity. They also emphasized that “UAX” was not exclusively associated with the complainant and could refer to various other entities or meanings.

The WIPO panel, comprising Andrew D. S. Lothian, José Carlos Erdozain, and The Hon Neil Brown Q.C., determined that the complainant did not conclusively prove that the domain name was registered in bad faith. The panel noted that the domain’s registration date preceded the complainant’s trademark registrations and that the respondent’s business model of investing in domain names did not indicate bad faith. Additionally, the panel found that the complainant’s delay of over 20 years to challenge the domain name suggested a lack of genuine belief in the respondent’s improper use.

The panel ultimately decided that the complainant had not satisfied the requirements of paragraph 4(a) of the Uniform Domain Name Dispute Resolution Policy and thus denied the complaint. This decision demonstrates the complexity and nuances involved in domain name disputes, particularly around the issues of trademark rights, domain name valuation, and the timing of legal actions.

For a detailed understanding of the case, you can refer to the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-2925.

In the domain name dispute case D2019-2925, Universidad Privada De Madrid, S.A. (UNIVERSIDAD ALFONSO X EL SABIO -UAX), represented by Legal Things Abogados, Spain, filed a complaint against Vince Harasymiak of Domain Capital, United States. The case centered on the domain name “uax.com,” registered with GoDaddy.com, LLC. The complaint was filed with the WIPO Arbitration…