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STREXO Safety & Compliance, LLC has been found guilty of reverse domain name hijacking in a dispute regarding the domain lemeilleur.com, which was registered in 2001. The decision came after a complaint that failed to satisfy any of the three essential elements of the Uniform Domain Name Dispute Resolution Policy (UDRP).

Panelist Igor Motsnyi highlighted several reasons for this ruling, noting that the complaint was filed without rightful trademark claims, which the complainant was aware of. Additionally, the complaint disregarded established UDRP case law, included false evidence, and attempted to mislead the panel. In fact, in supplemental submissions, the complainant acknowledged its lack of trademark rights but still tried to argue its case differently, even changing the claimed date of first use.

The panel also identified issues with the factual inaccuracies in the complaint, including erroneous claims about the domain registrar and reliance on fabricated evidence regarding third parties. Notably, the complaint was filed only after the complainant’s unsuccessful attempts to negotiate for the domain’s purchase and followed a belated U.S. trademark application submitted after these failed attempts.

The complainant struggled to provide credible evidence to substantiate its claims about the mark’s reputation and its use in commerce. Thus, it failed to demonstrate any of the required UDRP elements. Attempts by the complainant to introduce common law trademark claims and other arguments were another sign of abuse of the proceedings.

In an interesting turn, the initial trademark application from the complainant claimed first use in commerce dating back to 2019 but was later amended to suggest a first use date of 2000, just before the domain was registered.

The registrant of the domain was defended by Ankur Raheja from Cylaw Solutions.


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