The UDRP case regarding FUELFORTHOUGHT.COM
 

Cognate Nutritionals, Inc. found Guilty Of Reverse Domain Name Highjacking on 9 year old domain name FuelForThought.com.
  The NAF panelist found Cognate Nutritionals, Inc. represented by Karin A. Gregory, Massachusetts to be Reverse Domain Name Hijackers.
 

 

The current owner of the domain name acquired it in 2007.

Cognate Nutritionals filed an intent-to-use trademark application in 2011. In other words, it was impossible for the domain name owner to have registered it in bad faith with Cognate in mind.


 

The WIPO panelist stated:

"In this case, Complainant not only acknowledges that it obtained its trademark registration years after the disputed domain name was registered, but fails to make any argument that it might have secured common law rights in its mark prior to Respondent’s acquisition of that name."

and

"Prior panels have found a complainant to have acted in bad faith if it knew, or should have known, that its complaint could not reasonably succeed. "

The ruling on the case (Cognate Nutritionals, Inc. v. Martin Zemitis / Entria.com) can be found at Claim Number: FA1602001660055
 

In deciding that the Complainant was guilty of Reverse Domain Name Hijacking, the panelist's conclusion sums up by saying:

"Accordingly, the panel finds that the filing of the Complaint is an abuse of the policy and that Complainant has engaged in an attempt at reverse domain name hijacking."

  
 
 

There are news stories about the FUELFORTHOUGHT.com domain name UDRP case on DomainNameWire.com "Fuel for Thought drink maker is a reverse domain name hijacker".

There are numerous sources for "Reverse Domain Name Hijacking".  Amongst these are RDNH.com and HallOfShame.com (which includes a current list of those found guilty of trying to Reverse Hijack a Domain Name in which they had no legal rights. In other words they tried to bully the rightful owners into relinquishing their property and forcing these innocent parties to spend thousands to defend what they already own).

See also Does the UDRP do more harm than good? and The UDRP: A Problem at the Core of the Internet

 

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