A panelist recently determined that Zape Technology Ltd, the company behind WeDonate.io, attempted to reverse hijack the domain WeDonate.co.uk. Initially, Zape sought to purchase the domain for $1,000 but was unsuccessful. Subsequently, the company filed a cybersquatting claim against the domain’s current registrant.

The crux of Zape’s problem stemmed from the fact that the registrant had acquired the domain long before Zape was established, meaning there was no intention to target the company when the domain was registered. Panelist David Taylor noted that Zape seemed to imply that the registrant should have willingly relinquished the domain once aware of Zape’s existence, which contradicts the lawful practice of trading in domain names.

Taylor identified five reasons pointing to the attempt at reverse domain name hijacking:

1. Zape concealed the fact that its trademark rights were created after the domain was registered.
2. The claim disregarded clear provisions of the policy, leaning instead on contradictory trademark law principles.
3. Given the timeline and lack of evidence of bad faith registration, Zape should have recognized the likelihood of failure for their complaint.
4. The claim appeared to be a fallback after an unsuccessful negotiation to purchase the domain, rather than a genuine allegation of abusive registration.
5. Zape’s failure to pay for the decision highlighted a lack of sincere intent to address the dispute properly.

The case serves as a reminder of the complexities surrounding domain registration and the legal frameworks that govern such disputes.

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