The Biohacks GmbH vs. Daniel Walton/Wishbone Media, Inc. Domain Name Dispute (Case No. D2021-0050)

In the domain name dispute case D2021-0050, Biohacks GmbH, a German company, filed a complaint against Daniel Walton and Wishbone Media, Inc. from the United States regarding the domain name “biohacks.com”. The complaint was initiated on January 8, 2021, with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. The domain name in question was registered on May 26, 2008, significantly predating the complainant’s trademark registrations for “BIOHACKS”.

Biohacks GmbH argued that the domain name was identical to their trademark and contended that it was being passively held by the respondent, implying a lack of legitimate interest or use. They also claimed that the respondent registered the domain name with the intent of selling it at a high price, as evidenced by a refusal to sell the domain for less than $85,000 after an initial offer of $2,500 from the complainant.

However, the respondent countered these claims, pointing out that the domain name registration predated the complainant’s trademark rights by a decade. They emphasized that the domain name corresponds to a descriptive term and that its registration was not done in bad faith or with any knowledge of the complainant’s later trademark rights. The respondent also clarified that the domain name was registered for its descriptive value, without any immediate intention for use.

In its decision dated March 27, 2021, the WIPO panel concluded that the complainant did not adequately prove that the respondent lacked legitimate interests in the domain name or that it was registered and used in bad faith. The panel found that the domain name registration predates the complainant’s trademark rights and that there was no evidence of bad faith registration or use by the respondent.

Furthermore, the panel declared that the complaint constituted an attempt at Reverse Domain Name Hijacking (RDNH), stating that Biohacks GmbH, represented by counsel, should have recognized the weakness of their case, especially given the chronological discrepancy between the domain name registration and their trademark rights.

For more detailed information, you can view the full decision on WIPO’s website.

In the domain name dispute case D2021-0050, Biohacks GmbH, a German company, filed a complaint against Daniel Walton and Wishbone Media, Inc. from the United States regarding the domain name “biohacks.com”. The complaint was initiated on January 8, 2021, with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. The domain name in question…