Anatomy of a Domain Name Dispute: The WIPO Case D2010-0778

The WIPO Case D2010-0778, adjudicated on July 8, 2010, involved a domain name dispute between Genomatix Software GmbH and Intrexon Corporation. The contested domain name was “genomatix.com”. Genomatix Software GmbH, based in Munich, Germany, alleged that they had rights to the “GENOMATIX” mark and claimed that Intrexon Corporation, from Virginia, USA, had no legitimate interests in the domain name and was using it in bad faith.

However, the evidence revealed that Intrexon’s predecessor had registered the domain name in 1998 for bona fide business purposes, well before the dispute. The domain name reflected the name of a division of Intrexon, supporting their legitimate interest in its use. The panel found no evidence of bad faith in the registration or use of the domain name by Intrexon. Consequently, the complaint was not only denied, but it was also declared as brought in bad faith, constituting an abuse of the administrative proceeding, a finding termed as reverse domain name hijacking.

This case underscores the complexity and nuances in domain name disputes, particularly regarding the establishment of legitimate interests and the interpretation of bad faith actions. The decision in this case serves as a precedent for similar disputes, highlighting the importance of thorough evidence and the consideration of the history and usage of a domain name in dispute resolutions.

The WIPO Case D2010-0778, adjudicated on July 8, 2010, involved a domain name dispute between Genomatix Software GmbH and Intrexon Corporation. The contested domain name was “genomatix.com”. Genomatix Software GmbH, based in Munich, Germany, alleged that they had rights to the “GENOMATIX” mark and claimed that Intrexon Corporation, from Virginia, USA, had no legitimate interests…