Case Number: D2019-1405
Complainant: Infocert, S.P.A.
Represented by: Studio Torta, S.P.A.
A single-member panel of the World Intellectual Property Organization has found the Italian company, Infocert, S.P.A., guilty of Reverse Domain Name Hijacking, after that firm attempted to obtain the domain, infocert.com, via the UDRP process. The panelist, Nick Gardner, was careful to note in his ruling that the UDRP filing, itself, appeared to have been a bargaining chip in an effort to buy the domain from its owner, Information Brokers, Inc.. Information Brokers is based in Washington, D.C., according to its website, infobro.com. Infocert was represented by Studio Torta, S.P.A., while Information Brokers was represented by Greenberg & Lieberman.
Infocert alleged the infocert.com domain was confusingly similar to a stylized Italian trademark the company acquired in 2004. It also claimed the domain was registered in bad faith, asserting the domain was not being used.
However, attorneys for Information Brokers noted the infocert.com domain was first registered in 1998, before the Italian company existed, to say nothing of predating the 2004 trademark. Additionally, the respondent stated the domain is in use, noting the content will appear based on the end-user’s IP address.
Mr. Garder was scathing in his denial of Infocert, S.P.A.’s complaint, noting the company and its attorneys failed to perform the most basic due diligence before filing their complaint. Additionally, Mr. Gardner singled out the fact Infocert was interested in purchasing the infocert.com domain, but failed to disclose that fact to the panel.
“The Complainant also failed to explain that it attempted to buy the Disputed Domain Name and appears to have tried to use the filing of the Complaint as a bargaining lever in that process.”
The ruling was handed up August 19, 2019.