
Domdevelo OU, the registrant of cripto.com, has emerged victorious in a cybersquatting dispute initiated by crypto.com. This development follows a lawsuit that Domdevelo filed against Foris Limited after the latter attempted to claim ownership of cripto.com through a cybersquatting claim with the World Intellectual Property Organization (WIPO).
WIPO panels hold the discretion to choose whether to hear cases when a related lawsuit is pending. In this instance, Domdevelo requested that the WIPO panel dismiss the case due to the ongoing lawsuit, while Foris requested a decision from the panel. Ultimately, the three-member WIPO panel unanimously chose to terminate the case, citing its complexity and the involvement of issues beyond the Uniform Domain Name Dispute Resolution Policy (UDRP). The case included both parties filing associated trademarks and pending trademark opposition proceedings.
However, there’s a potential twist that could reinstate the case at WIPO. When filing the UDRP, Foris agreed to submit to the jurisdiction of any lawsuit regarding the UDRP decision in the domain registrar’s location, which happens to be Arizona, where the lawsuit was filed. Since the UDRP decision was not made, Foris might argue that the jurisdiction does not apply, leading to a possible refiling of the case. This situation highlights a possible issue with the UDRP language that may require clarification.
Foris Limited was represented by DeLab Consulting Limited, while John Berryhill represented Domdevelo in the UDRP proceedings.
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