When Complainant and Respondent both wanted the same decision

The contention in jurisdiction forums is about who presents their narrative better, based on facts and with an intention of justice to prevail. However, seldom does a situation arise when the Complainant and the Respondent vie for the same decision.

Popular computer and electronic and manufacturing company Hewlett-Packard Development Company, L.P., popularly known as HP,  faced some issues relating to the registration and usage of the domain name HP-go.com. HP then approached the Forum with a complaint related to the domain name. 

The Complainant is a globally known company with registered trademarks over HP since 1979. The Complainant argues that the Respondent wasn’t using the said domain name for any legitimate purpose. The domain name was used to pass off as the Complainant. The website at the domain name shows fake HP security seal validation pages dealing with the sale of fake products. 

The Respondent did not submit a legal response to the Complainant. However, an email was sent from the Respondent to the Forum. The email read, “Hello, I don’t want to dispute the domain, I want to give up, cancel, delete, delete, transfer, transfer”.

The panel wasn’t left with much choice in such a scenario. The panel noted that within its jurisdiction limit it cannot award more than what the parties have sought nor less than what parties have sought. Considering the current case where both the parties demand the same thing, the panel is left with no other choice.

The panel transferred the domain name to the Complainant.

You can read the full case here.


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