Case Number: D2018-1330
Complainant: Mister Auto SAS
Represented by: Cairn Legal
The French car parts retail company, Mister Auto, has been found guilty of attempted Reverse Domain Name Hijacking after filing a complaint with the World Intellectual Property Organization to gain control of the domain misterauto.com. The company was represented by the Belgian law firm of Cairn Legal. The WIPO panel handed up its RDNH ruling August 3, 2018, despite never receiving a response from the domain owner.
The single-member panel wrote that the domain, itself, was registered in 1999, fully nine years before the French company had secured its first trademark right. In issuing its ruling, the panelist wrote, “The Panel considers the Complainant launched the proceedings out of desperation as its prior attempt to contact the Respondent went unanswered … but without a reasonable chance of success and as such in the circumstances constitutes an abuse of the Administrative Proceeding.”