Although it has almost become a cliche now, .com domain names are still the most popular extension globally. Given the availability, any corporate entity would choose the .com TLD, before any other extension. So much so that people with the possession of a ccTLD domain name often file a UDRP complaint against .com domain name owners with the same Second level domain name.
Xiatech Consulting Ltd, is a company based in the UK. The company provides services related to technology consulting services, including data solutions. The company operates under the domain name XiaTech.co.uk.
The company had filed for the UK trademark registrations over XIATECH in March 2022. So, when the company found that the domain name XiaTech.com was registered and being used by another party, the company filed a UDRP complaint against it.
The domain name was acquired in July, 2015. According to the complainant, the respondent had been using the domain name to offer products that were targeted towards the Complainant’s competitor. The complainant considered this as evidence for bad faith.
The respondent stated that the domain name was acquired as it contains two very popular terms such as ‘Xia’ and ‘Tech’. The complainant and respondent had a conversation over the domain name’s purchase as well. The respondent had made it clear that the domain name would be offered only for renting and not for purchase.Two months after the disagreement, over the domain, the complainant approached the panel.
The panel found that the domain name was registered before the registration of the trademark. Thus the complainant didn’t have any bad faith at the time of registration. The complaint was denied.
However, the panel found that the complainant had legal counsel. In such a condition, the complainant makes loose arguments, devoid of any true fact. The complainant should have known that domain arbitration would not bend in their favor, as the common law rights claimed by them are not sufficiently demonstrated through the use.
However, the complainant continued with the case. The complaint was filed just two months after the dialogue channel between the parties over the domain collapsed. It is a clear case of UDRP procedure being used as Plan B of acquiring a domain name.
The complainant was thus handed a RDNH as well.
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