In-Depth Analysis of the WIPO Case D2018-0670: Domain Name Dispute and RDNH Decision

In the domain name dispute case D2018-0670, adjudicated by the World Intellectual Property Organization (WIPO), the focus was on the domain “sugarex.com”. The complainant in this case was Ferrer Internacional, S.A., a Spanish pharmaceutical company with a history dating back to 1959. The respondent was Domain Admin, Level2 LLC, a United States company that manages a large portfolio of premium domain names. The decision in this matter was made on June 18, 2018, by a panel consisting of Luca Barbero, The Hon Neil Brown Q.C., and Edoardo Fano.

Ferrer Internacional, S.A. argued that their trademark “SUGAREX”, used primarily for additives in animal feed, had been established and well-recognized since the late 1970s. They held several trademark registrations for SUGAREX in various countries, including Spain, the United States, and member states of the European Union. The disputed domain name, “sugarex.com”, was registered on September 30, 2013, and was being used for a website providing pay-per-click links related to food and culinary items, with a notice indicating that the domain name might be for sale.

The complainant contended that the domain name was identical to its SUGAREX trademark and could mislead Internet users into associating the domain with their brand. They argued that the respondent had no rights or legitimate interests in the domain name and was using it in bad faith, particularly since it was offering the domain for sale and using it to redirect users for commercial gain.

On the other hand, the respondent, Domain Admin, Level2 LLC, stated that they purchased the domain name in good faith as part of their business model, which involves acquiring common-word and combined letter domain names. They argued that “sugarex” could relate to various concepts in the sugar industry and that they had no prior knowledge of the complainant’s trademark. The respondent also highlighted the lack of brand recognition of the complainant’s trademark outside of a discreet industry use and provided evidence of their portfolio of similar domain names, asserting that their registration and use of “sugarex.com” were not in bad faith.

After reviewing the evidence and arguments from both parties, the WIPO panel concluded that the complainant had not successfully demonstrated that the respondent registered or used the domain name in bad faith. The panel found that the respondent had rights or legitimate interests in the domain name, primarily due to its business model of investing in domain names. Consequently, the complaint was denied.

This case illustrates the complexity of domain name disputes, especially when the domain name in question comprises common terms or phrases. The decision underscores the importance of providing substantial evidence of bad faith registration and use in domain name disputes.

For more detailed information about this case, you can refer to the WIPO’s official case details here and the full WIPO domain name decision here.

In the domain name dispute case D2018-0670, adjudicated by the World Intellectual Property Organization (WIPO), the focus was on the domain “sugarex.com”. The complainant in this case was Ferrer Internacional, S.A., a Spanish pharmaceutical company with a history dating back to 1959. The respondent was Domain Admin, Level2 LLC, a United States company that manages…