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The goal of this news article is to make it easy to read for the user. Here is a revised version of the article:
A recent case involving the domain name Demoji.com highlights the importance of having a senior mark when filing a UDRP (Uniform Domain-Name Dispute-Resolution Policy) against a domain registered years ago. In this case, Patrick Schur of Switzerland filed a UDRP based on a mark he acquired in 2019, even though the domain was registered in 2012. It would have been impossible for the registrant to target Schur in 2012 unless they had a time machine.
The case was represented by IP attorney John Berryhill, who argued that there was no bad faith in the registration and use of the domain. The WIPO panelist agreed and also declared it a case of Reverse Domain Name Hijacking.
In the arbitration and mediation center’s administrative panel decision, Patrick Schur from Switzerland was the complainant and Stephen Brewer from the United States was the respondent. The disputed domain name, demoji.com, is registered with GoDaddy.com, LLC.
The complaint was filed on September 28, 2023, and the proceedings began on October 12, 2023. The respondent filed a response on October 13, 2023. The panelist appointed was Luca Barbero.
The complainant provided evidence of trademark registrations for DEMOJI in Switzerland and the United States. The disputed domain name was registered in 2012 and is currently directed to a parking page.
The complainant argued that the domain is identical to their trademark and that the respondent has no legitimate rights or interests in it. They also claimed that the respondent registered the domain to deprive them of its use and to benefit from services similar to theirs. The complainant further pointed out that the respondent has not made any use of the domain and has not been commonly known by it.
The respondent, in their response, stated that they registered the domain in 2012 for a hobby project involving “demoji” or “demonic emoji.” They maintain the domain in case they decide to work on the project in the future.
In conclusion, the panelist found no bad faith in the registration and use of the domain and denied the transfer of demoji.com. They also declared it a case of Reverse Domain Name Hijacking.
Overall, this case highlights the importance of having a senior mark when filing a UDRP and the need for evidence of bad faith in domain disputes.
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