A cybersecurity company based in the Netherlands, WebSec Holdings, B.V., has been found guilty of trying to reverse domain name hijack websec.com by a panel of the World Intellectual Property Organization.
(https://s3.amazonaws.com/logos.brandpa.com/uploads/c0806024426b3f1546f68fcc6983b169/luxurywars.png)
The owner of the domain acquired it in 2016 and used it to create a web security site before adopting WebSec.com as a registered business name in North Carolina in 2017. WebSec Holdings, B.V. claimed to have used the mark since 2016 while doing business as OS.SI Consulting B.V., but it was pointed out that this entity was only formed in 2019.
After trying to buy the domain name for $1,000 - less than what the owner said he acquired it for - WebSec Holdings, B.V. was offered it for $10,000. In light of these facts, a three-person panel denied the claim and found evidence of reverse domain name hijacking.
The panel's decision was based on several factors. Firstly, the Complainant should have known that their case was weak considering that the disputed domain name was registered well before the Complainant had acquired trademark rights on WEBSEC. In addition, the term "websec" is commonly used by many third parties offering information or services in the web security field.
Secondly, the Complainant made false allegations and did not provide any evidence to support its claims. Finally, the Complainant's argument that the Respondent's use of a common/descriptive domain name in connection with an inactive website amounts to evidence of bad faith was not sufficient.
It is important for companies to ensure that they have proper ownership of trademarks and domain names before making claims against others. A thorough investigation and careful consideration should be conducted before filing a complaint.