Analysis of WIPO Domain Name Dispute Case D2018-0518

In the WIPO Domain Name Dispute Case No. D2018-0518, the conflict arose over the domain name “cassandra.com”. The complainant, Deep Focus Inc., a cultural strategy and business intelligence firm operating under the name “Cassandra”, held a trademark for “THE CASSANDRA REPORT” since 2004. However, the disputed domain, registered in 2000, was acquired by the respondent, Domain Admin of Abstract Holdings International LTD, in 2012 as part of a portfolio of domain names.

Deep Focus Inc. contended that the domain was identical or confusingly similar to their trademark, arguing the respondent had no legitimate interest in it and was using it in bad faith, primarily for resale at an inflated price. The respondent countered, citing the generic nature of the name “Cassandra” and lack of evidence for the Complainant’s exclusive rights over it. They asserted their acquisition of the domain was part of a legitimate business strategy, investing in generic domain names without the intention of exploiting any trademark.

The WIPO panel, comprising Steven A. Maier, Adam Taylor, and Kimberley Chen Nobles, analyzed the case based on three elements: similarity to a trademark in which the complainant has rights, the respondent’s rights or legitimate interests in the domain name, and whether the domain name was registered and used in bad faith.

The panel acknowledged the complainant’s trademark rights in “THE CASSANDRA REPORT” but noted the limited evidence of the name “Cassandra” being exclusively associated with the complainant. The respondent’s acquisition of “cassandra.com” was seen as part of a larger portfolio of generic domain names, and not specifically targeting the complainant’s trademark. Consequently, the panel found no bad faith in the registration and use of the domain name by the respondent.

The decision on June 6, 2018, was in favor of the respondent, denying the complainant’s request to transfer the domain name. The panel further declared that the complaint was brought in bad faith, constituting an abuse of the administrative proceeding, a case of “reverse domain name hijacking”​​.

In the WIPO Domain Name Dispute Case No. D2018-0518, the conflict arose over the domain name “cassandra.com”. The complainant, Deep Focus Inc., a cultural strategy and business intelligence firm operating under the name “Cassandra”, held a trademark for “THE CASSANDRA REPORT” since 2004. However, the disputed domain, registered in 2000, was acquired by the respondent,…