0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Who is the domain name hijacker?

8 October 2010

Brand owners regularly have to deal with that unsavoury character – the domain name hijacker. However, the recent complaint filed with the WIPO Arbitration and Mediation Centre (the Centre) by M Corentin Benoit Thiercelin against CyberDeal shows how easily a complainant can become the hijacker rather than the hijacked.

Thiercelin asserted that CyberDeal had registered the domain name in question in bad faith in order to prevent him from reflecting the trade mark in a corresponding domain name. However, the Centre declared that as CyberDeal had registered the domain name well before Thiercelin registered his trade marks or acquired common law trade mark rights and, as there was no evidence that CyberDeal had been aware of Thiercelin’s plans to use the trade mark at the point of registration, the claim had been brought in bad faith constituting an abuse of the administrative proceedings. Thiercelin was attempting to use the complaints process to deprive a registered domain name holder of a domain name – Reverse Domain Name Hijacking . So brand owners think before complaining – are you a hijacker?

Related opinions

Directors who fail to prepare, should prepare to fail

Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.

View blog

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up