Navigating the Turbulent Waters of Domain Name Disputes: A Detailed Examination of WIPO Case D2019-2952

The World Intellectual Property Organization (WIPO) case D2019-2952 presented an intriguing domain name dispute involving family ties, the entertainment industry, and the complexities of online property rights. This case, decided on February 12, 2020, involved the domain name “hadise.com” and highlighted the intricate balance between trademark rights and domain name registrations under the Uniform Domain Name Dispute Resolution Policy (UDRP).

The parties in this case were the Complainant, Hadise Açıkgöz, a successful recording artist and entertainer from Turkey, known simply as “Hadise,” and the Respondent, Hulya Acikgoz, who was revealed to be the Complainant’s sister and former manager. The disputed domain name, “hadise.com,” was registered by the Respondent on November 3, 2004, and was initially used to promote the Complainant’s career. However, the relationship between the Complainant and the Respondent deteriorated over time, leading to the domain name being offered for sale.

The Complainant claimed that the domain name was identical to her stage name “Hadise,” under which she held trademark rights (Turkish trademark HADISE No. 2017 33908, registered on December 15, 2017). She argued that the Respondent had no rights or legitimate interests in the domain name and that it had been registered and used in bad faith. The Complainant’s contention centered around the claim that the domain name, initially registered for her use, was being held by the Respondent for profit, particularly after their business relationship ended.

In contrast, the Respondent maintained that she registered the domain name as the Complainant’s manager and had purchased it for USD 30,000 from a third party. She expressed willingness to transfer the domain name to the Complainant upon repayment of the acquisition cost. The Respondent’s submission included details about their ongoing contractual relationship and financial transactions related to the domain name.

The Panel, led by Nick J. Gardner, faced the challenge of unraveling the intertwined personal and professional dynamics of the case. One pivotal aspect was the initial intent behind the domain name’s registration. The Panel had to determine whether the registration was made in good faith to benefit the Complainant’s career or if it was intended for exploitation and profit from the outset.

After a thorough review of the submissions, including various email communications and procedural orders, the Panel concluded that the Complainant did not sufficiently prove that the domain name was registered in bad faith. The initial registration, intended to promote the Complainant’s career, seemed to have been made with her knowledge and consent. The Panel acknowledged the subsequent change in the use of the domain name but found that this did not necessarily equate to bad faith registration.

As a result, the Panel denied the Complainant’s request to transfer the domain name, underscoring the complexities that can arise in domain name disputes, especially when personal relationships and professional interests intersect.

This case not only illuminates the nuances of domain name law but also serves as a cautionary tale about the importance of clear agreements and understandings in professional relationships, particularly when they involve family members. The decision in WIPO case D2019-2952 demonstrates the rigorous analysis required in domain name disputes and the high burden of proof needed to establish bad faith registration and use under the UDRP.

Source: WIPO Domain Name Decision: D2019-2952

The World Intellectual Property Organization (WIPO) case D2019-2952 presented an intriguing domain name dispute involving family ties, the entertainment industry, and the complexities of online property rights. This case, decided on February 12, 2020, involved the domain name “hadise.com” and highlighted the intricate balance between trademark rights and domain name registrations under the Uniform Domain…