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Tampa Software Firm Found Guilty Of RDNH

Case Number: D2018-2087

Complainant: Clearly Agile, Inc.

Represented by: Trenam Kemker

A Tampa, Florida-based software firm was found guilty of attempted Reverse Domain Name Hijacking for attempting to gain control of the domain clearlyagile.com, which is owned by a Wyoming company. In a peculiar twist, both the Florida company and the Wyoming concern have the same name, Clearly Agile, although the Wyoming company was founded at least two years before the incorporation of the Tampa firm.

trenam kemkerBoth companies were represented by law firms, with Tampa’s Clearly Agile, Inc. using the firm of Trenam Kemker. The Wyoming-based Clearly Agile, Corp., used the firm of New Columbia Law Group, PLLC.

A single-member panel of the World Intellectual Property Organization found that, while the Tampa company did have t design marks containing the term, “clearly agile”, the domain was registered in January of 2014, well before the design marks were granted, and pre-dating the incorporation of the Tampa company by about six months.

The panelist, Scott Blackmer, wrote that a finding of RDNH is warranted, because in this case “complainant (especially one represented by counsel) should have recognized that itĀ could not succeed on one of the three elements of the complaint under any fair interpretation of the available facts.”

The WIPO ruling was handed up November 13, 2018.

Source: https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2018-2087

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