A recent decision by a World Intellectual Property Organization (WIPO) panel highlighted a case of reverse domain name hijacking involving a French food company, Ekin SAS, and the domain EkinFrites.com.
Ekin SAS, known for its frozen food products and restaurant operations, primarily uses the domain ekin.fr. The company initiated legal proceedings against Georges Topal, who claimed that he purchased the Ekin Frites business from Ekin SAS in 2020, including the associated trademarks and rights to the domain EkinFrites.FR.
The situation escalated with both parties filing competing legal claims. However, the panelist, Vincent Denoyelle, determined that the matter was outside the jurisdiction of the Uniform Domain Name Dispute Resolution Policy (UDRP). Notably, he categorized Ekin SAS’s actions as reverse domain name hijacking due to two significant omissions in their complaint: it falsely claimed there were no ongoing court proceedings, and it failed to disclose the existing business relationship between the complainant and the respondent.
This ruling underscores the complexities surrounding domain name disputes in commercial contexts, particularly regarding transparency and the implications of prior business dealings.
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