Hit for reverse domain name hijacking — Powerley.com owner
Firm filed UDRP against domain name registered over a decade ahead of it claims rights to the brand.
Insight Energy Ventures, the firm that offers home energy management systems at Powerley.com, has been found to have engaged in reverse domain name hijacking over the domain name Powerly.com (without an ‘e’). This is despite the owner of Powerly.com not responding to the cybersquatting complaint.
The domain name owner registered the domain name in 2004 and Powerley appears to have just started as a brand in 2015.
Even though the domain owner didn’t respond (and thus, did not ask for a finding of reverse domain name hijacking), the panel stated “If abuse is apparent on the face of the case papers, the Panel is under an obligation to declare it.”
And indeed, it appears to be an abusive filing. Panelist John Swinson wrote:
In this case the Complainant made no attempt to prove the existence of any trade mark rights prior to 2015, yet asserted without any supporting evidence that the Disputed Domain Name was registered in bad faith. The Complainant asserted use in bad faith, but made no proper attempt to justify that assertion. There is nothing in the evidence to suggest that the Respondent has been targeting the Complainant or its trade marks. The Complaint had no prospect of success on the facts set out in the Complaint, and the Complainant or those advising it must have been aware of that fact.
It appears to the Panel that the Complainant wishes to operate under the brand “Powerly”, as opposed to “Powerley”, and filed this Complaint in an attempt to obtain the corresponding domain name. This is an abusive use of the Policy.
