Analysis of WIPO Domain Name Dispute Case D2018-1489
- by Staff
In the WIPO domain name dispute case D2018-1489, Akuo Energy SAS, a French company specializing in renewable energy, contested the ownership of the domain “akuo.com” against Viktor Cherkasov from Ukraine. Akuo Energy, founded in 2004, holds a French trademark for “AKUO” registered in 2004. The domain in question was registered by Cherkasov in 2012 and redirected to a page “under construction” at the time of the complaint.
The Complainant argued that “akuo.com” was confusingly similar to its trademark and that Cherkasov had no legitimate interest in the domain, suspecting bad faith in its registration and use. However, Cherkasov countered that he was unaware of Akuo Energy and its trademark at the time of registration and had plans to develop a travel services website related to the domain.
The Panel, led by Christopher J. Pibus, found the domain identical or confusingly similar to the Complainant’s trademark. However, they concluded that the Complainant failed to prove Cherkasov’s bad faith in registering and using the domain, especially given the lack of evidence of Cherkasov’s awareness of the Complainant’s business and trademark. Consequently, the complaint was denied, and no Reverse Domain Name Hijacking was found.
In the WIPO domain name dispute case D2018-1489, Akuo Energy SAS, a French company specializing in renewable energy, contested the ownership of the domain “akuo.com” against Viktor Cherkasov from Ukraine. Akuo Energy, founded in 2004, holds a French trademark for “AKUO” registered in 2004. The domain in question was registered by Cherkasov in 2012 and…