Registering domain names related to popular brands for malicious purposes is nothing new. This can be used for typosquatting or attracting traffic due to similarity in the name. However sometimes, this can also be used to exploit a small scale business and demand large sums in return for the domain name. Let’s see it more closely through the domain name dispute surrounding Dentally.com.
The Complainant is a UK-based dental software and services company. The company is present in different countries that include the EU, the UK, Australia and New Zealand. It has acquired the trademark rights over DENTALLY in EU, UK (both February 2020), Australia and New Zealand (both 2021). The complainant uses different domain names such as Dentally.co, Dentally.co.uk, Dentally.com.au and Dentally.co.nz to promote its DENTALLY brand.
However, a domain name Dentally.com was purchased in June 2021. The Respondent is an American Dentist. The Respondent claims that it registered the domain name to provide services to the patients who do not have an insurance claim.
The complainant deployed agents to have a conversation with the respondent. During the talks, the respondent admitted to having made substantial investments in popularizing the domain name. The respondent was aware of the complainant, and in fact considered the domain name a good investment, because of this very reason. The respondent had high expectations of returns owing to the complainant.
The panel noted that although the Respondent claims to have made significant investments in popularizing the domain name, the website still looked extremely simplistic. The panel also mentioned that the respondent was indeed aware of the complainant and had in fact registered the domain name to exploit it.
The panel transferred the domain name to the complainant.
You can read the case in full detail here.
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