Case Number: CAC-UDRP-104446
Complainant: uSwitch Limited
Represented by: Thomsen Trampedach GmbH
A UK-based price comparison company, uSwitch Limited, which operates on the domains uswitch.co.uk and uswitch.com, has been found guilty of Reverse Domain Name Hijacking for trying to grab the domain youswitch.com, in a case of bad corporate blood dating to at least 2007. uSwitch claimed a trademark in the mark “USWITCH”, which dates to 2000, in the United Kingdom, was enough to make the domain youswitch.com confusingly similar to its mark. However, the respondent, a telecom company, also had a trademark for the term “YOU Switch”, and acronym for “Yolanda Origin Unified Switch”. A single-member panel of the Czech Arbitration Court (CAC) found that while, in English, there was a phonetic similarity, the trademark was not, in fact, for YOU SWITCH. Additionally, the panelist found the age of the domain, registered in 2007, combined with the likely lack of consumer-level confusion, should have presaged the failure of the UDRP case for the complainant.
The RDNH ruling was handed up on May 31, 2022.
Source: https://udrp.adr.eu/decisions/detail?id=62ffbd6b29e5896ce60fa0ec