Electrosoft Services, Inc. is an IT and professional services firm specializing in cybersecurity. The company has been around for more than 20 years with its beginnings in 2001. The company operates through the domain name Electrosoft-Inc.com.
The company had filed a complaint against the owners of domain name ElectroSoft.com. The company claimed that it had operated since a long time using the name and had common law rights on the name. The company contested its common law rights were violated by ElectroSoft.com.
The panel however, in stark contrast to what Electrosoft-Inc.com had expected, not only did deny the relief sought by it but rather awarded it with a RDNH. The panel claimed that Complainant doesn’t even have trademark rights, even if common law rights are accepted. On top of it the domain name ElectroSoft.com was registered 1 year before Electrosoft-Inc.com was registered. Thus bad faith cannot be established as at the time the respondent would not have had any idea about the complainant.
However, both the parties had already had a conversation. The Complainant had sought to buy the domain name before. An agreement on the prices could not be established and as a ‘Plan B’ the complainant filed the case. The Reverse Domain Name Hijacking was thus the appropriate award.
You can read the full case here.
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