Core Diagnostics of Gurgaon, India has just been found guilty of Reverse Domain Name Hijacking (RDNH) on the UDRP it filed on the domain name corediagnostics.com by a one member WIPO panel.
Core Diangostics was represented by in-house council.
Here are the relevant facts and findings by the one member panel:
The Complainant first started business in 2011.
It registered its trademarks in 2012.
The Respondent registered the disputed domain name in 2001 and has been using it since then to promote various medical diagnostic products.
“The Respondent notes that he registered the disputed domain name in 2001, and has been using it since then to promote various medical diagnostic products, while the Complainant started its business in 2011 and first applied for its trademark in 2012. ”
“Because the Respondent’s registration of the disputed domain name predates the Complainant’s mark, the Panel finds that the Respondent could not have registered the disputed domain name in bad faith.”
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
The Respondent invokes this provision when he requests the Panel to find that the Complainant is using the Policy in a bad faith attempt to deprive a registered domain name holder of a domain name.
“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”
“The Respondent notes that his registration of the disputed domain name far predates Complainant’s claim of rights in the CORE DIAGNOSTICS mark.
“The Complainant knew this because it produced the WhoIs record for the disputed domain name as an attachment to its Complaint.
“Thus the Complainant should have known that it was unable to prove that the Respondent registered and is using the disputed domain name in bad faith.
“This suffices to establish Reverse Domain Name Hijacking.”
“Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack the Respondent’s domain name.”
Nice. That’s what the complainant deserved. However, you may fix the domain. It’s corediagnostics.com and not domaincorediagnostics.com 🙂
Thanks for sharing 🙂
As far as I am concerned this is going to sound harsh, and rude, but it’s not meant like that.
Indian domainers, and companies continue to spam in record numbers, register bad english keywords and spam some more.
As far as I am concerned, only licensed businesses in India should be able to register .com.
Had enough, this ruling is an absolute joke, can you imagine if this company spent $5k in legal fees to defend this crap, seriously.
@ Ryan This is highly biased approach.
If so is the case then the highest Reverse Domain Name Hijacking cases are from US.
Maybe same should also apply to US Domainers then.
Please don’t give such biased opinion about whole country on the acts of a few.
I like my country but it does not mean i should paint all other in Reed just to prove my point.
I agree with PrivyDomains.
@pervydomains @adud
Who cares what you think, did anyone give you a vote, you are the bottom feeders registering pigeons shit domains, and expecting US dollars in hand by spamming hard working Americans. Sick of your lack of recourse for your spammers, stronger Laws for foreign 3rd world countries, due to fresh reg, and spamming. I am very sure you will be shut out soon with all your bogus Whois info.
PrivyDomains is a stupid bad English domain, and I would never buy a name from a person with an India IP, and a fake John Smith name.
Harshness is necessary when a so called Few as you say, continue to break the rules.
@ Ryan,
I can use much harsher words but i won’t stoop myself to your levels.
Bye
So Privy Domains AKA Sidharth Jain registering crap domains like HoleAss.com is going to make you much much money in this business, I am guessing you are going to drop 90% of your names as they are majority hyphen .info’s lol… I am curious to know how you pay your reg fees, do you spam end users trying to sell pigeon shit names up their hole ass?