Domain name arbitrations are tricky. Small technicalities and details are of huge importance. So much that the party you hope has a greater chance of victory can lose at the wake of these little nuances.
Simple Plan is a Canadian band that is known all over the world. The band however faced a very unfortunate incident where it could not renew its primary domain name SimplePlan.com. A domain that had been continuously used by it since 2001. the Complaint holds trademarks rights over the ‘SIMPLE PLAN’ mark.
The Respondent acquired the domain name via an auction. It was acquired in October 2021. The Respondent want contacted by someone over the domain name but an agreement on price could not be achieved. The Respondent is operating a travelling venture on the platform.
The Court found that although the loss of domain name of the Complainant was tragic, The Respondent is using it for a venture that is completely different from that of the Respondent. Hence, a bad faith claim could not be justified.
The panel however pointed out the Correspondent kept pushing their wrong facts. In one case the Complainant sought to buy from the Respondent.
Hence the panel granted RDNH to the Complainant.
Read the full case here.