Detailed Analysis of WIPO Case D2019-1545: Brooksburnett Investments Ltd. vs. Domain Admin / Schmitt Sebastien
- by Staff
In WIPO Case No. D2019-1545, Brooksburnett Investments Ltd., based in Cyprus, filed a complaint against Domain Admin / Schmitt Sebastien from France regarding the domain name . The complaint was filed on February 27, 2019. Brooksburnett claimed that the domain name was identical to their INCANTO trademark, which they held in multiple countries. They argued that Schmitt Sebastien had no legitimate interests in the domain name and had registered and used it in bad faith.
Schmitt Sebastien, the respondent, argued that they had acquired the domain name due to its value as an Italian dictionary word and had no prior knowledge of the complainant’s trademark at the time of registration in 2003. Sebastien stated the domain name was intended for potential use in start-ups and was not acquired to exploit the complainant’s trademark.
The WIPO panel found that while the domain name was identical to the complainant’s trademark, Brooksburnett did not successfully prove that Sebastien had no legitimate interests or had acted in bad faith. The panel determined that Sebastien had a legitimate interest in the domain name as an investor in potentially valuable domain names. The complaint was denied, and the panel concluded that the complaint constituted an attempt at Reverse Domain Name Hijacking.
This case highlights the complexities surrounding domain name disputes, particularly when the domain name in question is a common dictionary word with potential value beyond its association with any specific trademark.
For more detailed information, you can refer to the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-1545.
In WIPO Case No. D2019-1545, Brooksburnett Investments Ltd., based in Cyprus, filed a complaint against Domain Admin / Schmitt Sebastien from France regarding the domain name . The complaint was filed on February 27, 2019. Brooksburnett claimed that the domain name was identical to their INCANTO trademark, which they held in multiple countries. They argued…