Dissecting WIPO Case D2015-0202: The GreatRun.com Domain Name Dispute

The World Intellectual Property Organization’s (WIPO) decision in Case No. D2015-0202 involved a dispute over the domain name greatrun.com. The complainants were Nova Holdings Limited, Nova International Limited, and G.R. Events Limited, companies specializing in organizing sporting events in the United Kingdom. They contended that they had rights to the term “GREAT RUN” through their unregistered trademark and registered UK and EU marks containing “great” and “run”. The respondents were Manheim Equities, Inc. and Product Reports, Inc., U.S.-based companies.

The complainants filed their complaint with WIPO on February 6, 2015, claiming that the disputed domain name was identical or confusingly similar to their trademarks, that the respondents had no legitimate interests in it, and that it was registered and used in bad faith. They argued that the respondents should have been aware of their trademark rights when registering the domain name.

However, the panel found that the complainants’ trademarks were registered after the respondents had acquired the domain name on February 12, 2000. Furthermore, there was no evidence that the respondents were aware of the complainants’ unregistered mark at the time of registration. The term “great run” was considered generic and descriptive, and the domain name was inactive. The panel concluded that the complainants had not proven the respondents’ bad faith in registering the domain name.

Most notably, the panel accused the complainants of Reverse Domain Name Hijacking (RDNH). The complainants had attempted to acquire the domain name from the respondents through correspondence and, after failing, resorted to the UDRP process. The panel’s decision focused on the generic nature of the domain name and the lack of evidence supporting the complainants’ claims of bad faith registration.

In essence, this case highlights the complexity of domain name disputes, especially when they involve generic terms and the timing of trademark registrations relative to domain name acquisitions. The decision underscores the importance of proving bad faith registration and use in domain name disputes under the UDRP framework.

The World Intellectual Property Organization’s (WIPO) decision in Case No. D2015-0202 involved a dispute over the domain name greatrun.com. The complainants were Nova Holdings Limited, Nova International Limited, and G.R. Events Limited, companies specializing in organizing sporting events in the United Kingdom. They contended that they had rights to the term “GREAT RUN” through their…