Analysis of the WIPO Case D2019-3138: Nu Pagamentos S.A vs. Dan Hudson, Nubank

In the domain name dispute case D2019-3138, Nu Pagamentos S.A, a Brazilian company providing banking and financial services, filed a complaint against Dan Hudson, Nubank of the United States, over the domain name nubank.com. The complaint was filed on December 18, 2019, and the decision was made on February 14, 2020.

Nu Pagamentos S.A claimed that the domain name nubank.com was identical or confusingly similar to its trademarks NUBANK and NU BANK, which it had registered in Latin America from 2014 onwards. The company contended that the respondent had no legitimate interest in the domain name and was using it in bad faith. It argued that the domain name’s use for a “parking page” offering banking links was misleading and aimed to divert users to services competing with Nu Pagamentos.

The disputed domain name was originally registered on April 23, 1997, long before Nu Pagamentos S.A’s trademark registrations. The respondent, Dan Hudson, did not substantively reply to the complainant’s contentions.

The WIPO panel, led by Steven A. Maier, concluded that the complaint failed to establish that the domain name was registered in bad faith. The panel noted that the domain was registered 17 years before the complainant’s first use of the NUBANK or NU BANK trademarks, making it impossible for the respondent to have been aware of these marks at the time of registration.

Subsequently, the panel declared the complaint as Reverse Domain Name Hijacking (RDNH). It concluded that Nu Pagamentos S.A, being professionally represented, should have known that it had no reasonable chance of success due to the prior registration of the domain name. The panel considered the complaint an abuse of the administrative proceeding, mainly because it seemed to be a fallback strategy after failed commercial negotiations to acquire the domain name.

For more detailed information on this case, you can refer to the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-3138.

In the domain name dispute case D2019-3138, Nu Pagamentos S.A, a Brazilian company providing banking and financial services, filed a complaint against Dan Hudson, Nubank of the United States, over the domain name nubank.com. The complaint was filed on December 18, 2019, and the decision was made on February 14, 2020. Nu Pagamentos S.A claimed…