A recent ruling by a panel from the World Intellectual Property Organization found Instakart Services Private Limited, the parent company of Flipkart, guilty of attempting reverse domain name hijacking. The case arose when Flipkart filed a cybersquatting complaint against the domain eKart.com.

The eKart.com domain was registered in 1999, which predates Instakart’s use of the eKart brand, commencing in 2009. The domain registration history was presented by Ozguc Bayraktar, who stated he acquired the domain in 1999, a point that the Complainant failed to dispute.

In evaluating the evidence, the panel concluded that the timeline contradicted Flipkart’s claims, as the respondent could not have registered the domain to target a brand that did not yet exist. Panelist Steven A. Maier remarked that it was evident Flipkart’s attempt at reverse domain name hijacking was baseless, especially considering that the domain’s registration occurred long before the introduction of the corresponding trademark.

The ruling highlights the importance of the order of domain registration and brand usage in disputes over domain ownership, reinforcing that claims made must be substantiated by a legitimate connection to the timeline of trademark use.

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