An Analysis of the Domain Name Dispute: TENICA and Associates LLC v. Privacydotlink Customer 2326444 / Kwangpyo Kim, MEDIABLUE INC
- by Staff
Case No. D2018-2647
In the domain name dispute case D2018-2647, TENICA and Associates LLC, a Virginia-based company providing government services and consulting in IT and national defense, contested the ownership of the domain name ‘tenica.com’. The respondent was identified as Privacydotlink Customer 2326444, located in the Cayman Islands, and Kwangpyo Kim of MEDIABLUE INC, South Korea.
The crux of the dispute centered around the domain ‘tenica.com’, registered initially in 2002 by a different entity and acquired by the respondent between 2013 and 2014. TENICA claimed rights based on its trademark for TENICA, registered in the United States in 2010. The company argued the domain was identical or confusingly similar to their trademark, asserting that the respondent had no legitimate interests in the domain and was using it in bad faith.
The respondent countered, stating the acquisition of the domain was part of a NameJet.com auction, chosen for its value as a descriptive English word, and not in awareness of TENICA’s trademark. They argued that the domain name, being a common personal name, did not infringe on TENICA’s rights and was used legitimately for advertising links.
The WIPO panel found that while the domain name was identical to TENICA’s trademark, there was insufficient evidence to conclude that the respondent registered or used the domain in bad faith, as there was no clear indication that they were aware of TENICA’s trademark at the time of acquisition. The panel also noted the domain name’s historical use by other entities and its potential generic value.
Ultimately, the complaint was denied, and no finding of ‘reverse domain name hijacking’ was made against TENICA, despite the panel noting the complainant should have recognized the weakness of their case regarding the element of bad faith. The decision was rendered on January 25, 2019.
For more details, visit the WIPO’s decision on D2018-2647.
Case No. D2018-2647 In the domain name dispute case D2018-2647, TENICA and Associates LLC, a Virginia-based company providing government services and consulting in IT and national defense, contested the ownership of the domain name ‘tenica.com’. The respondent was identified as Privacydotlink Customer 2326444, located in the Cayman Islands, and Kwangpyo Kim of MEDIABLUE INC, South…