Domain disputes are objective in nature. On the surface the procedure of dispute resolution might look simple and clear, but the decisions shift on a case to case basis. Every case needs to be looked at through the lens of individuality and merits.
The Forum arbitrated a confusing case regarding the domain name OceanReady.com. The Complainant was GXI, LLC. The Complainant’s company comes wholly under the Carnival Corporation. The parent corp is a known cruise line company. The Complainant owns the trademark over OCEANREADY, registered in March 2018. The Complainant claims that the Respondent wanted to benefit from the goodwill of the Complainant, which is a case of bad faith. The Complainant suggested previous judgements against the Respondent.
The Respondent is a domain name reseller. The domain name was registered in November 2021. The domain name in question was listed for sale by the Respondent. The Respondent claims that he acquired the domain name for the purpose of reselling. This qualifies as a bona fide offering of goods and services. The Respondent sought a RDNH on the Complainant instead.
The Panel accepted that the Complainant does hold the trademark rights over the term and even precedes the domain name registration. However, the Complainant couldn’t prove ‘bad faith’ clause as the Respondent has been using the domain name for a legitimate offering of goods and services. The Complaint was denied.
The Court however noted that the Complainant did mislead the panel or present false facts. The Complainant is the legitimate owner of the mark and didn’t engage in discussions with the Respondent. Thus it couldn’t be proved that this arbitration process was the ‘Plan B’ for the Complainant. RDNH was denied.
You can read the full case here.
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