Case Number: D2022-3960
Complainant: Cetin Family Tekstil Gida Pazarlama Sanayi Ve Ticaret Limited
Represented by: Arnold & Siedsma B.V.
The operator of a chain of luxury fashion stores based in Turkey has been found guilty of attempted Reverse Domain Name Hijacking after bringing a UDRP case before the World Intellectual Property Organization. Cetin Family Tekstil Gida Pazarlama Sanayi Ve Ticaret Limited, which is better known as the Cetin Family Group, based in Bursa, Turkey, had sought the transfer of the domain, exxe.com, which it claimed was confusingly similar to its Turkish trademark for EXXE, which was registered in 2002. The domain, exxe.com, was registered in 1998.
While the complainant argued it had been operating under the EXXE name since 1997, the WIPO panel noted there was no evidence submitted to substantiate that claim. Given the timing of the domain filing and the actual registration of the Turkish trademark, the panel found there could be no bad faith in the registration of exxe.com. The panelists sided with the respondent, further finding the complainant should have known their case could not succeed on the merits.
The WIPO panel handed up its ruling of RDNH on December 19, 2022.