In Loco Tecnologia da Informação S.A. v. Perfect Privacy, LLC. / Dermot O’Halloran, ZZG Ltd: A Case of Reverse Domain Name Hijacking
- by Staff
In the case D2019-2738, the WIPO Arbitration and Mediation Center addressed a dispute between In Loco Tecnologia da Informação S.A., a Brazilian technology company, and Dermot O’Halloran of ZZG Ltd, over the domain name “inloco.com”. In Loco, established in 2014, claimed rights in the “IN LOCO” mark, substantiated by several Brazilian trademark registrations. They contended that the domain name was identical to their trademark and accused O’Halloran of registering and using it in bad faith.
O’Halloran, who registered “inloco.com” in January 1999, countered that his registration predated In Loco’s use of the mark. He argued that he had legitimate interest in the domain name, as it was registered for a project in recruitment and not to exploit In Loco’s trademark. He also noted that “in loco” is a common Latin phrase used globally for various purposes.
The Panel dismissed In Loco’s complaint, emphasizing that the domain was registered long before In Loco’s trademark use. They found no evidence that O’Halloran registered the domain in bad faith to exploit In Loco’s mark. Consequently, the Panel declared the complaint an instance of reverse domain name hijacking, highlighting In Loco’s knowledge of O’Halloran’s prior ownership and the unlikelihood of their success in this dispute. The Panel’s decision underscored 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: D2019-2738.
In the case D2019-2738, the WIPO Arbitration and Mediation Center addressed a dispute between In Loco Tecnologia da Informação S.A., a Brazilian technology company, and Dermot O’Halloran of ZZG Ltd, over the domain name “inloco.com”. In Loco, established in 2014, claimed rights in the “IN LOCO” mark, substantiated by several Brazilian trademark registrations. They contended…