An Analysis of the WIPO Domain Name Dispute Case D2018-2238

In the WIPO domain name dispute case D2018-2238, the complainant, Darryl Davis Seminars, Inc., challenged the registration of the domain name . The respondent was Privacydotlink Customer 656889 / Domain Admin, Abstract Holdings International Ltd. The disputed domain name, registered on July 18, 2002, was associated with a parking page featuring generic pay-per-click links and a sale offer.

The complainant argued that the domain name was identical or confusingly similar to their trademark “POWER AGENT,” lacked legitimate use by the respondent, and was registered in bad faith, targeting the complainant’s trademark value. Conversely, the respondent, a corporation dealing in generic and descriptive domain names, claimed that “power agent” was a common descriptive term used globally and that they had acquired the domain name in good faith as part of their business.

The Panel, after reviewing the arguments, concluded that the complainant had not proven bad faith registration or use by the respondent. It noted that the term “power agent” was common and descriptive, and there was no evidence that the respondent was aware of the complainant’s trademark at the time of registration. The Panel also found that the offer for sale of the domain name did not indicate bad faith.

Interestingly, the Panel declared the complaint as Reverse Domain Name Hijacking, highlighting that the complainant, represented by counsel, should have recognized the weakness of their claim and that the case appeared speculative and an attempt to acquire the domain name after a failed purchase negotiation.

The decision was made on January 21, 2019, by panelists Luca Barbero, Martin Schwimmer, and Adam Taylor, concluding that the complaint was brought in bad faith and constituted an abuse of the administrative proceeding. For more detailed information, you can visit the full case document on WIPO’s website: WIPO Case D2018-2238.

In the WIPO domain name dispute case D2018-2238, the complainant, Darryl Davis Seminars, Inc., challenged the registration of the domain name . The respondent was Privacydotlink Customer 656889 / Domain Admin, Abstract Holdings International Ltd. The disputed domain name, registered on July 18, 2002, was associated with a parking page featuring generic pay-per-click links and…