I have seen this pattern among several UDRP cases where the Respondent is supported even when domain name is registered after the registration of trademark. This happens usually when the Respondent acquired the domain name via an auction.
The domain name Givn.com was up for contention at WIPO. The Complainant was Givn Goods Inc. The Complainant operates at the domain name GivnWater.com. The Complainant produces packaged water bottles and has trademarks over GIVN since 2014.
The disputed domain name was registered via an auction by the Respondent in May 2021. The domain name didn’t have any website up on it then. The Respondent also claimed an agreement with the Complainant regarding the purchase of the said domain name. The Complainant denied any such agreement.
The panel noted that the Respondent had registered the domain name via an auction on the basis of the generic and short nature of the domain name. Investing in domain name is a legitimate affair and cannot be marked as bad faith.
The panel also presented that the Complainant failed to establish its claim that it was famous. The evidence presented supporting this claim wasn’t sufficient.
Based on the light of these facts the Complaint was denied.
Read the full case here.