Most of the complaints in UDRP either succeed or are denied. There are only a few instances of RDNH being awarded to the Complainant. However, UDRP procedures marked their 500th RDNH with the domain name YouSwitch.biz.
Both the parties involved in this domain dispute have a history of difference over their name. The Complainant here is USwitch Ltd, which was established in 2000. The complainant operates a consumer energy price comparison service. The Complainant deploys its services through the domain names USwitch.co.uk and USwitch.com.
However, the Respondent has registered the domain name YouSwitch.biz in December 2007. In fact the Respondent had initially changed its name to YOUSWITCH Ltd. in 2008. However, a dispute arose between the parties in 2009. After this, the Respondent changed its name from YOUSWITCH Ltd. to MY SWITCH Ltd.
But even after the name change, the Respondent continued to possess and use the domain name YouSwitch.biz. It claims that the domain registration was in relation to Yolanda Origin Unified (YOU). The YOU mentioned in the disputed domain is a reference to that and has no relation to the Complainant.
The panel noted that although the trademark rights precede the domain registration, it is not a case of trademark infringement, but of UDRP for domain names. The panel pointed out that the services of the parties are widely different from each other. While, the respondent had been continuously using the domain and also presented credible evidence to its usage. The complainant’s claims of bad faith over a domain registered 15 years ago appears flimsy. The complaint was denied.
However, the court additionally found that the domain name was continuously used and not for overlapping motives. The complainant should have been aware that the complainant against a 15 year old domain would be difficult to succeed at. The complainant still went on with the complaint. Under such circumstances a RDNH is awarded to it as well.
You can read the case in full detail here.