The domain name Octa.eu was registered in 2008, all while a company registered the OCTA mark considerably later, in 2022.
Branding Links Management Ltd., China, and Octa Markets Cyprus, Ltd., Cyprus, respectively owner and licensee of the mark, filed a UDRP to usurp the domain.
The Complaint was filed in French with a summary of the decision in English.
The sole panelist at the WIPO denied the domain’s transfer to the Complainant, citing the time difference of 14 years between the domain’s registration and that of the mark.
There was no finding of Reverse Domain Name Hijacking in this case, which is very surprising, considering that the Respondent is a Belgian company that registered the mark OCTA+ in 2014.
The domain transfer was denied.
Summary in English – In accordance with paragraphs B(12)(i) of the ADR Rules and 14 of the WIPO Supplemental Rules for the ADR Rules, below is a brief summary in English of WIPO Decision No. DEU2022-0042.
The Complainants are Branding Links Management Ltd., China, and Octa Markets Cyprus, Ltd., Cyprus, respectively owner and licensee of the International Trademark Registration No. 1679952 for OCTA, registered on March 5, 2022, also designating the European Union.
The Respondent is Becquevort sa, Belgium, owning the European Union Trade Mark registration No. 012899308 for OCTA+, registered on September 10, 2014.
The disputed domain name is octa.eu. The disputed domain name was registered on April 8, 2006 and is inactive.
The Panel finds that the disputed domain name is identical to the Complainant’s trademark OCTA registered in the European Union; the Respondent has rights in respect of the disputed domain name; and, the disputed domain name was not registered or used in bad faith.
The Complaint is denied.
