The Scalpers Fashion S.L. vs. Dreamissary Hostmaster Case: A Study in Domain Name Dispute and RDNH
- by Staff
In the case of Scalpers Fashion, S.L. vs. Dreamissary Hostmaster (Case No. D2019-2937), the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center was presented with a complex domain name dispute. The case revolved around the domain name “scalpers.com” and involved allegations of Reverse Domain Name Hijacking (RDNH).
The complainant, Scalpers Fashion, S.L., a Spanish fashion company established in 2007 and operational since 2008, claimed rights to the SCALPERS trademark. They held various trademark registrations for SCALPERS, including a European registration dating back to September 29, 2008. Their contention was that the domain name “scalpers.com” was confusingly similar to their trademark and that it was registered and used in bad faith by the respondent.
On the other side, the respondent, Dreamissary Hostmaster from the United States, argued that they had legitimate interests in the domain name. The respondent was described as a speculator and owner of numerous domain names, including those comprising dictionary words. They asserted that the domain name “scalpers.com,” registered on September 15, 1997, was acquired for its generic value as the plural form of the word “scalper,” which refers to someone who resells items like theater tickets at a higher price.
The panel’s decision was crucially influenced by the timeline of events. The domain name “scalpers.com” was registered more than ten years before Scalpers Fashion, S.L. was incorporated and before it began using the SCALPERS trademark. This timeline made it implausible for the panel to conclude that the respondent had targeted the complainant’s trademark at the time of the domain name’s registration.
In evaluating the complaint, the panel found that while the domain name was identical to the SCALPERS trademark, the complainant failed to establish that the domain name was registered and used in bad faith. The use of the domain name for its dictionary meaning and the fact that it was registered long before the complainant’s trademark rights came into existence negated the allegations of bad faith registration and use.
Furthermore, the panel addressed the issue of Reverse Domain Name Hijacking (RDNH). RDNH is defined as using the UDRP process in bad faith to attempt to deprive a registered domain-name holder of a domain name. The panel found that the complainant, Scalpers Fashion, S.L., engaged in RDNH. Factors supporting this finding included the pre-existence of the domain name well before the complainant’s trademark rights and the nature of the respondent’s legitimate interest in the domain name due to its dictionary meaning.
This case is a significant example of the complexities involved in domain name disputes and the stringent criteria that must be met for a successful claim of bad faith registration and use under the UDRP. It also underscores the importance of considering the history and the intrinsic value of a domain name, separate from the interests of a later trademark holder.
Source: WIPO Domain Name Decision: D2019-2937
In the case of Scalpers Fashion, S.L. vs. Dreamissary Hostmaster (Case No. D2019-2937), the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center was presented with a complex domain name dispute. The case revolved around the domain name “scalpers.com” and involved allegations of Reverse Domain Name Hijacking (RDNH). The complainant, Scalpers Fashion, S.L., a Spanish…