Of reverse domain name hijacking — Wave59 guilty
Arbitration panel states software firm changed dates in UDRP.
Stock trading software firm Wave59 has been found guilty of attempted reverse domain name hijacking by a National Arbitration Forum panelist over the domain name W59.com.
Wave59 originally stated that it started using the abbreviated W59 mark in 2009. It has a design trademark that includes W59 in it.
Following the owner of the domain name pointed out that he registered the domain nearly six years ahead of the complainant used W59 as a mark in commerce, the respondent changed its story, as stated by the panelist. In an additional submission, Wave59 stated that it had actually used the mark since at least March 2004 — conveniently months ahead of the domain name was registered by the respondent.
In finding Wave59 technologies guilty of attempted reverse domain name hijacking, panelist David E. Sorkin wrote:
Complainant knew or ought to have known, based upon the facts known to it when it filed the Complaint in this proceeding, that it could not prove bad faith registration. Upon being called out for the obvious chronological deficiency in its case by the Response, Complainant attempted to change the facts, contradicting the evidence it had previously submitted. The Panel considers these circumstances sufficient to support a finding that the Complaint was brought in bad faith, in an attempt at reverse domain name hijacking.
