Domain names are considered Internet’s real estate not just for colloquialism. Domain Names actually behave like real estate digitally. Be it the ever increasing price of the domain asset over the year, rivalries stretching for years or attachment to the domain held for decades.
WIPO recently witnessed a contest for the domain name Luma.com. The Complainant is
Luma Institute, LLC. The Complaint operates at the domain name Luma-institute.com. The Complainant even acquired the USPTO trademark over LUMA in February 2018.
The Respondents were Mr. Redfern and Professor William Cook. Both of them along with their other colleagues had started Luma Inc. 1995. The domain name Luma.com was acquired by the Respondent in August 1995.
Both the parties do not contend that the domain name was registered way before the trademark. The Complainant claimed that the parent organisation and the ownership of the domain name has changed multiple times, as evident by the WhoIs History of the domain name. Thus, the Court should see the last date of registration as the reference date of registration.
The panel found that the domain name did redirected to some other platform and was used primarily for email purposes. The panel decided that the domain name registration was with the Respondent for more than two decades and the panel hopes it continues to do so. The domain name registration was done in good faith.
The Complaint was denied.
Read the full case here.