In-Depth Analysis of WIPO Case D2019-2489: Adventure SAS vs. Mike Robinson, BlackHawk Paramotors USA Inc.

In the WIPO Case No. D2019-2489, Adventure SAS, a French company manufacturing and selling paramotors, paragliders, and trikes, filed a complaint against Mike Robinson of BlackHawk Paramotors USA Inc., concerning the domain name . The complaint was filed on October 10, 2019.

Adventure SAS argued that the domain name was identical or confusingly similar to their registered trademark and that Robinson had no rights or legitimate interests in the domain name, alleging it was registered and used in bad faith. Robinson, the respondent, did not formally reply to these contentions.

The domain name was created on March 14, 2018, coinciding with the initiation of a business relationship between Adventure SAS and BlackHawk Paramotors, wherein Robinson became a certified reseller of Adventure SAS’s products in the United States. However, by the end of 2018, the relationship soured due to unsatisfactory sales performance, leading to the termination of the business collaboration. Despite this, the respondent’s website remained active, falsely indicating an ongoing association with Adventure SAS.

Adventure SAS’s complaint was primarily based on the post-termination use of the domain name by Robinson, which they argued misrepresented his current relationship with the company. However, WIPO’s decision focused on the circumstances of the domain name’s initial registration. The panel found that Robinson had registered the domain name in good faith as part of his authorized reseller activities, and there was no evidence to suggest bad faith at the time of registration. The panel noted that during the partnership, Adventure SAS expressed appreciation for Robinson’s promotional efforts and did not object to the domain name registration.

Consequently, the panel determined that the complaint failed to prove the domain name was registered in bad faith, a necessary condition under the UDRP. Furthermore, the panel declared that the complaint constituted an abuse of the administrative proceeding and was filed in bad faith, known as Reverse Domain Name Hijacking (RDNH). The panel’s decision highlights the importance of understanding the specific criteria of domain name disputes under the UDRP, particularly the distinction between the circumstances of a domain name’s registration and its subsequent use.

For more detailed information on this case, you can refer to the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-2489.

In the WIPO Case No. D2019-2489, Adventure SAS, a French company manufacturing and selling paramotors, paragliders, and trikes, filed a complaint against Mike Robinson of BlackHawk Paramotors USA Inc., concerning the domain name . The complaint was filed on October 10, 2019. Adventure SAS argued that the domain name was identical or confusingly similar to…