Case Analysis: Digel Aktiengesellschaft vs. Vinay Shan – WIPO Domain Name Decision D2018-1328

In the case D2018-1328, decided by the WIPO Arbitration and Mediation Center, Digel Aktiengesellschaft, a German menswear company, filed a complaint against Vinay Shan over the domain name “digel.com”. The domain, registered by Shan in 2006, was offered for sale, leading to negotiations between the parties. Shan demanded $29,000, while Digel was willing to pay only $12,000, resulting in a deadlock.

The panel, led by Antony Gold, concluded that the domain name was identical to Digel’s trademark. However, it found insufficient evidence that Shan lacked legitimate interests or had registered the domain name in bad faith. The panel noted that Digel’s trademark registrations in the USA and Canada post-dated Shan’s domain registration. Shan argued that he was unaware of Digel’s trademark at the time of registration, and the panel accepted this, recognizing domain name speculation as a legitimate business model.

Consequently, the complaint was denied, with no evidence of bad faith registration or usage by Shan.

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

In the case D2018-1328, decided by the WIPO Arbitration and Mediation Center, Digel Aktiengesellschaft, a German menswear company, filed a complaint against Vinay Shan over the domain name “digel.com”. The domain, registered by Shan in 2006, was offered for sale, leading to negotiations between the parties. Shan demanded $29,000, while Digel was willing to pay…