Ceres
New Member
I find this latest WIPO decision hard to believe. Deutsche Kreditbank AG won the domain DKB.com from DKB Data Services (USA), Inc.
The respondent did not file a response, but it seems the company may have merged with another company and "DKB Data Services (USA), Inc." was dissolved. The disputed domain DKB.com was never used.
Another thing to note:
Read the decision here
The respondent did not file a response, but it seems the company may have merged with another company and "DKB Data Services (USA), Inc." was dissolved. The disputed domain DKB.com was never used.
But where is the bad faith? Does this mean any company that merges with another will lose all its domains if it doesn't keep the same company name?- any intention to use the disputed domain name by the Respondent now would be of limited value to its operation as a business (if indeed such business still exists), considering that it has changed its name from DKB to MHCB;
Another thing to note:
In my opinion, the panel shouldn't have awarded the domain to the complainant bank. What do you think?In this case it is not clear to the Panel, on the evidence before it, whether the Complainant’s reputation and DKB trade mark are widely known outside of Germany or Europe. The Respondent’s address in the WHOIS records is New Jersey in the United States of America, and it would be reasonable to conclude that the Respondent was not aware of the Complainant’s trade marks at the time of registering the disputed domain name (although the Complainant does own a DKB trade mark which pre-dates registration of the disputed domain name by seven years).
Read the decision here
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