Analysis of WIPO Case D2019-2441: Advice Group S.P.A. v. Michele Dinoia, Macrosten LTD

In WIPO Case D2019-2441, Advice Group S.P.A., an Italian marketing firm, contested the domain name “advicegroup.com,” owned by Michele Dinoia of Macrosten LTD, Cyprus. The domain was registered in September 2005, before the Complainant’s trademark registration in December 2016. The Complainant argued that the domain was confusingly similar to their figurative ADVICE mark, for which the Respondent lacked rights and legitimate interests, and was registered and used in bad faith.

However, the Panel found the Complaint lacking, as the domain name was registered before the Complainant’s trademark existed. Consequently, the Complainant couldn’t prove the Respondent’s bad faith at the time of registration. The domain name, comprising common English words, “advice” and “group,” didn’t specifically target the Complainant’s mark.

The Panel, therefore, concluded that the Complaint was filed in bad faith and constituted an attempt at Reverse Domain Name Hijacking, highlighting the importance of considering the registration date of domain names relative to the establishment of trademark rights.

For more detailed information, please refer to the WIPO’s decision: WIPO Domain Name Decision: D2019-2441.

In WIPO Case D2019-2441, Advice Group S.P.A., an Italian marketing firm, contested the domain name “advicegroup.com,” owned by Michele Dinoia of Macrosten LTD, Cyprus. The domain was registered in September 2005, before the Complainant’s trademark registration in December 2016. The Complainant argued that the domain was confusingly similar to their figurative ADVICE mark, for which…