Navigating the Complexities of Domain Name Disputes: The Case of D2019-3128
- by Staff
In the domain name dispute case D2019-3128, the complainant, Acubit A/S, a Danish technology company, filed a complaint against Ting Zhao, the registrant of the domain name ‘acubit.com’. The complaint was filed with the WIPO Arbitration and Mediation Center on December 18, 2019. Acubit A/S, established in Denmark and specializing in location technology, claimed rights to the ‘ACUBIT’ trademark, registered in November 2018. However, the domain name ‘acubit.com’ had been registered by Zhao on June 15, 2009, significantly predating the complainant’s trademark registration and corporate activities.
The complainant argued that the domain name was essential for their business and identical to their trademark, accusing Zhao of passive holding and bad faith registration. Zhao countered these claims by noting the prior registration date of the domain name and legitimate uses beyond public websites. The panel, led by Steven A. Maier, concluded that Zhao could not have been aware of Acubit A/S’s trademark at the time of registration, as it did not exist then. This finding negated the possibility of bad faith registration.
Ultimately, the panel dismissed the complaint, finding no evidence of Zhao’s bad faith in registration or use of the domain name. Additionally, the panel rejected the notion that the domain name’s passive holding indicated bad faith and dismissed the complainant’s commercial arguments as irrelevant to the policy considerations. This decision highlighted the importance of considering the chronology of domain name registrations and trademark acquisitions in dispute resolutions. The case demonstrated the nuanced and complex nature of domain name disputes, emphasizing the need for thorough examination of facts and timelines in each unique situation.
In the domain name dispute case D2019-3128, the complainant, Acubit A/S, a Danish technology company, filed a complaint against Ting Zhao, the registrant of the domain name ‘acubit.com’. The complaint was filed with the WIPO Arbitration and Mediation Center on December 18, 2019. Acubit A/S, established in Denmark and specializing in location technology, claimed rights…