Case Number: D2022-4130
Complainant: Majid Al Futtaim Properties, LLC
Represented by: Talal Abu Ghazaleh Legal
A developer of mall properties across the Middle East has been found guilty of Reverse Domain Name Hijacking after attempting to gain the transfer of the domain matajer.net, which is currently owned by a resident of South Africa, Ayman Bajnaid. The developer, Majid Al Futtaim Properties, LLC, of the United Arab Emirates, had complained to the World Intellectual Property Organization, citing numerous trademarks it owns for several mall names, all which contain the term “Matajer”. However, the respondent observed that he had bought his domain name five years prior to the complainant’s trademark registrations, which was, of itself, enough to sway the lone panelist.
“The Complaint was always doomed to fail,” wrote panelist John Swinson, who noted the UAE developer, represented by an Egyptian law firm, even attempted to mislead the panel.
Swinson noted the complainant, in its filing, “argues that the Respondent attempted to cause confusion by diverting the disputed domain name to the Respondent’s website. However, the disputed domain name does not divert to any website, as the Complaint later acknowledges.”
The WIPO ruling against Majid Al Futtaim Properties, LLC was handed up on December 1, 2022.