
A U.S. supplement company, Spartacus Brands LLC, has been found to have attempted reverse domain name hijacking against the domain DecodeAge.com. This company operates CodeAge.com and filed a complaint against Centenarians Life Sciences Pvt Ltd, which also sells supplements. While there’s potential for trademark conflict, the case did not meet the criteria for a domain transfer under the Uniform Domain Name Dispute Resolution Policy (UDRP).
The Respondent, Centenarians, has established trademarks in India and runs a legitimate business. World Intellectual Property Organization panelist Warwick A. Rothnie determined that Centenarians possesses rights and legitimate interests in the disputed domain name, thus ruling in favor of the Respondent.
In his decision, Rothnie pointed out several key factors that indicated reverse domain name hijacking. First, the Complainant was already involved in litigation with the Respondent prior to filing the complaint. Second, Spartacus Brands was aware of the Respondent’s business and location but did not engage in addressing the trademark matters before escalating the issue.
Moreover, it appeared that Spartacus Brands was conscious of the Respondent’s existing registered trademarks, especially since their trademark application was submitted after the Respondent’s. Rothnie noted that if the Indian trademark authorities deemed the two marks confusingly similar, the Respondent’s trademark would have prevailed.
Lastly, while Spartacus Brands claimed to have sent multiple cease and desist letters with no response, the Respondent’s legal representative did reply shortly after the complaint was filed, clarifying that they had stopped marketing their products in the U.S. The panelist observed that the Respondent’s substantial online presence contradicted the notion that it was evading service.
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