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Arbitrator Hands DKB.com to Deutsche Kreditbank

October 8, 2009Domaining, Domainnamewire, Policy & Law, three character domain, udrp, wipoComments Off on Arbitrator Hands DKB.com to Deutsche Kreditbank

Three letter domain name awarded to bank.

An arbitrator with World Intellectual Property Organization has awarded the domain name DKB.com to Deutsche Kreditbank AG. The owner of DKB.com, DKB Data Services, had invalid contact information and may have been dissolved — which probably explains why it didn’t respond to the complaint.

Arbitrator John Swinson found that the domain was registered in bad faith because it has not been used:

The Respondent has apparently held the domain name for a significant amount of time (for over seven years) without any evidence of use. The Respondent provided no evidence of intended use. Further, it does not seem conceivable that the Respondent has legitimate plans to use the disputed domain name in the future when the name has been dormant for such an extended period of time and where (as the evidence suggests) the Respondent no longer exists.

I’m shocked by this decision. When I first wrote about the filing, I wrote:

Deutsche Kreditbank AG has filed a case with World Intellectual Property organization to get the domain name DKB.com. The domain was registered back in 1996 and DKB Data Services, Inc has owned the domain since at least 2001 (the earliest available whois record). Unless something crops up in the case that’s not evident, can you say “reverse domain name hijacking”?

What’s troubling about this decision is that it’s highly unlikely Deutsche Kreditbank was actually being targeted with the domain name. When other companies see decisions like this, they rush to file a UDRP to beat out other companies that have similar names. It reminds me of Versa Capital Management. It was found guilty of reverse domain name hijacking for VersaCapital.com, but then won rights to the domain Versa.com. That means that Nissan probably could have gotten the domain name Versa.com for its Versa car brand if it had only filed a UDRP prior to Versa Capital, which creates a “gold rush” mentality.


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Related posts:

  1. Versa Capital Hits Domain Name Jackpot
  2. Financial Firm Guilty of Reverse Domain Name Hijacking
  3. Arbitrator Says Complainant Harassed Domain Owner