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Title: UDRP Case Dismissed in iBubble.com Domain Dispute
Summary: The UDRP case involving the domain iBubble.com has been dismissed after the complainant failed to provide evidence of being a new registrant. The case was also found to be an instance of Reverse Domain Name Hijacking.
Body: The registrant of the domain iBubble.com, Devin Day, was challenged through the UDRP process by Patrick Schur from Switzerland. However, since Schur did not provide evidence that Day was a new registrant, the case was dismissed. Additionally, the panel found that Schur’s complaint constituted Reverse Domain Name Hijacking.
Background: Schur, represented by Gearhart Law LLC, filed a complaint with the WIPO Arbitration and Mediation Center on September 28, 2023. The disputed domain name, ibubble.com, was registered with NameCheap, Inc. The domain, registered on May 20, 2001, does not currently resolve to a website.
Contentions: Schur argued that he had rights to the trade mark “I-BUBBLE” and that the disputed domain name was confusingly similar to his mark. However, he failed to provide evidence of actual use of the mark or that the respondent targeted him when acquiring the domain.
Decision: The panel found that the disputed domain name was indeed confusingly similar to Schur’s mark. However, since Schur did not establish that the respondent had no rights or legitimate interests in the domain, and failed to prove bad faith registration and use, the case was dismissed.
Reverse Domain Name Hijacking: The panel declared that Schur’s complaint constituted Reverse Domain Name Hijacking, as it was brought in bad faith and attempted to deprive the registered domain-name holder, Devin Day, of the domain.
Conclusion: The UDRP case involving the domain iBubble.com was dismissed due to the complainant’s failure to provide evidence and establish the necessary elements. The case was also found to be an instance of Reverse Domain Name Hijacking.
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