RDNH Case D2006-0905
- by Staff
The WIPO domain name dispute case D2006-0905 involved Proto Software, Inc. against Vertical Axis, Inc/PROTO.COM. The dispute was centered around the domain name , with Proto Software, Inc. as the Complainant and Vertical Axis, Inc/PROTO.COM as the Respondent.
In this case, the Complainant argued that the domain name was identical or confusingly similar to their trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and being used in bad faith. However, the Panel found that the Complainant’s assertions were not substantiated.
The Panel concluded that the Respondent had a legitimate interest in the domain name, as it corresponded to a common word and was used in a manner related to its generic meaning. Furthermore, there was no evidence to support the claim that the domain name was registered and used in bad faith by the Respondent.
As a result, the complaint was denied, and the Panel declared that the complaint was brought in bad faith, constituting an attempt at Reverse Domain Name Hijacking (RDNH). This decision underscored the importance of the complainants establishing all three elements required by the UDRP policy convincingly, especially in cases where the domain name corresponds to a common or generic term.
For a detailed overview of the case, including the full text of the decision and analysis, you can visit the decision page on WIPO’s website here.
The WIPO domain name dispute case D2006-0905 involved Proto Software, Inc. against Vertical Axis, Inc/PROTO.COM. The dispute was centered around the domain name , with Proto Software, Inc. as the Complainant and Vertical Axis, Inc/PROTO.COM as the Respondent. In this case, the Complainant argued that the domain name was identical or confusingly similar to their…