StayinFront, Inc., which operates an augmented reality platform at augment.COM, faced a significant loss in a cybersquatting case against the domain augment.AI. The panel determined that StayinFront’s claim constituted reverse domain name hijacking.
This case marks the fourth time Deep Vision Architects, the owner of augment.AI, has successfully defended one of its .ai domains in cybersquatting disputes, having previously won cases involving other domains like clio.ai, sonata.ai, and sage.ai.
StayinFront argued that it held trademark rights that predated the registration of augment.AI; however, they failed to provide proof that their trademark was well-known. The panel highlighted that many companies, including those in the AI sector, utilize the term "augment" in their branding, using it alongside various top-level domains.
The panel found in favor of the domain owner, closing arguments on Rights or Legitimate Interests, as well as Registration and Use in Bad Faith. This case also serves as a crucial reference for future disputes where a Complainant claims bad faith based on the asking price of a domain. The owner of augment.AI has listed the domain for $5 million, but the panel affirmed that setting a price for a generic or descriptive domain is legitimate unless clear evidence of bad faith is presented.
While StayinFront attempted to reference past cases where asking prices were deemed indicative of bad faith, the panel clarified that those instances pertained to domains uniquely applicable to the Complainants, which was not the case here.
Ultimately, the panel concluded that StayinFront should have recognized the challenges associated with claiming rights over a dictionary term and failed to demonstrate the requisite fame of their trademark or any targeting by the Respondent. Previous decisions involving the Respondent should have provided clarity on the requirements for a valid complaint, but the lack of supporting evidence rendered StayinFront’s complaint untenable. Consequently, this case was ruled as a clear instance of reverse domain name hijacking.
Gene Bolmarcich represented StayinFront while John Berryhill defended the domain owner, marking Berryhill’s second victory for reverse domain name hijacking on the same day.
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