Fotocom Société Anonyme of Ottignies-Louvain-la-Neuve, Belgium, just lost its bid to grab the generic domain Photo.com.
Although the three member panel threw out the case out finding the Complainant failed on the first element of not proving trademark rights the panel refused to find Reverse Domain Name Hijacking (RDNH).
Here are the highlights:
4. Factual Background
Based in Belgium, Complainant describes itself as “a market leader in the online digital photo industry,” serving 186 countries. Complainant holds registered Benelux trademark no. 833326 for FOTOCOM and registered Community trademark no. 10500726 for FOTO.COM.
Complainant contends that Respondent is actually controlled or influenced by its former Chief Executive Officer (hereinafter “Panos”).
According to the Complaint, Panos was Complainant’s CEO from 2005 until 2011, and it is alleged that in 2010 Panos launched a “competing activity” under the name “Photo.com.”
It is further alleged that in 2010, Panos, in his position as CEO, hired a United Kingdom law firm to pursue the acquisition the Domain Name from a domain broker. Complainant alleges that Panos was actually secretly bidding against his own company and that, in February 2010, the Domain Name was sold for USD 1,250,000 to a company, xxlpix Limited, controlled by Panos.
Complainant even alleges that the purchase price for the Domain Name Panos surreptitiously acquired was actually financed by Complainant’s money, through the “illegal diversion” of company funds “through illegal offshore mechanisms.”
The name of the Domain Name registrant changed a number of times from February 2012 until September 2012, when the Domain Name was registered with another registrar under a “privacy registration service.”
Complainant alleges that on October 15, 2014, six days after it filed the initial Complaint in this case, it received an e-mail from Werner A. Krachtus, CEO of motiondrive AG, advising that he was the real registrant of the Domain Name, having acquired it on or around September 4, 2012 at a “domain marketplace.”
According to the e-mail, as alleged by Complainant, the Domain Name had resolved to a parking page for two years but motiondrive AG plans to launch a website using the Domain Name. In the meantime, the e‑mail allegedly states, motiondrive AG had concluded an agreement to rent the Domain Name to a third party for three months.
Read More: http://www.thedomains.com/2015/01/26/photo-com-saved-in-udrp-but-no-reverse-domain-name-hijacking/Although the three member panel threw out the case out finding the Complainant failed on the first element of not proving trademark rights the panel refused to find Reverse Domain Name Hijacking (RDNH).
Here are the highlights:
4. Factual Background
Based in Belgium, Complainant describes itself as “a market leader in the online digital photo industry,” serving 186 countries. Complainant holds registered Benelux trademark no. 833326 for FOTOCOM and registered Community trademark no. 10500726 for FOTO.COM.
Complainant contends that Respondent is actually controlled or influenced by its former Chief Executive Officer (hereinafter “Panos”).
According to the Complaint, Panos was Complainant’s CEO from 2005 until 2011, and it is alleged that in 2010 Panos launched a “competing activity” under the name “Photo.com.”
It is further alleged that in 2010, Panos, in his position as CEO, hired a United Kingdom law firm to pursue the acquisition the Domain Name from a domain broker. Complainant alleges that Panos was actually secretly bidding against his own company and that, in February 2010, the Domain Name was sold for USD 1,250,000 to a company, xxlpix Limited, controlled by Panos.
Complainant even alleges that the purchase price for the Domain Name Panos surreptitiously acquired was actually financed by Complainant’s money, through the “illegal diversion” of company funds “through illegal offshore mechanisms.”
The name of the Domain Name registrant changed a number of times from February 2012 until September 2012, when the Domain Name was registered with another registrar under a “privacy registration service.”
Complainant alleges that on October 15, 2014, six days after it filed the initial Complaint in this case, it received an e-mail from Werner A. Krachtus, CEO of motiondrive AG, advising that he was the real registrant of the Domain Name, having acquired it on or around September 4, 2012 at a “domain marketplace.”
According to the e-mail, as alleged by Complainant, the Domain Name had resolved to a parking page for two years but motiondrive AG plans to launch a website using the Domain Name. In the meantime, the e‑mail allegedly states, motiondrive AG had concluded an agreement to rent the Domain Name to a third party for three months.
