Analysis of WIPO Domain Name Dispute Case D2018-0133: Thebuyerpool Limited v. Private Registration/Stephen Pomeroy
- by Staff
In the WIPO Domain Name Dispute Case D2018-0133, Thebuyerpool Limited, a UK-based online property broker, contested the domain name ucado.com, held by Stephen Pomeroy of the United States. The case was filed on January 22, 2018, with Thebuyerpool alleging that the domain was identical or confusingly similar to their UK registered trademarks, and was registered and used in bad faith by Pomeroy.
Pomeroy, however, provided evidence of his continuous control of the domain since its registration in 2012, predating Thebuyerpool’s trademarks and business operations. He argued that he had legitimate interests in the domain, using it for a business email account and had no foresight of Thebuyerpool’s future trademark registration.
The WIPO Panel determined that while the domain name was identical to Thebuyerpool’s trademark, Pomeroy had consistent control over the domain since 2012, negating claims of bad faith registration. The Panel also found no evidence of bad faith use by Pomeroy, as there was no intent to disrupt Thebuyerpool’s business or to extort them. The redirection of the domain to a competitor’s site was not targeted at Thebuyerpool, and Pomeroy had no prior knowledge of their operations.
Consequently, the Panel ruled in favor of Pomeroy, denying Thebuyerpool’s claims. The Panel also declared Thebuyerpool’s complaint as Reverse Domain Name Hijacking, considering it an attempt to unjustly deprive Pomeroy of the domain name. This decision emphasizes the importance of establishing both bad faith registration and use in domain name disputes under UDRP policies.
In the WIPO Domain Name Dispute Case D2018-0133, Thebuyerpool Limited, a UK-based online property broker, contested the domain name ucado.com, held by Stephen Pomeroy of the United States. The case was filed on January 22, 2018, with Thebuyerpool alleging that the domain was identical or confusingly similar to their UK registered trademarks, and was registered…