XMY.com domain UDRP lost, amidst domain theft allegations

UDPR complain asserts XMY.com was stolen.

UDPR complaint asserts XMY.com was stolen.

The domain XMY.com has been challenged in a UDRP, by its former owners, who allege that it was stolen.

The WIPO case was decided in Chinese, as both the Complainant and the Respondent are in China.

The Complainant alleges that the domain was stolen from its possession around August 2013, and currently operates from XMY.so as the result of this incident.

The Respondent, asserts that they paid 100,000 RMB for the domain on March 28, 2015.

That’s roughly $15,000 dollars, which in our opinion is a suspiciously low price for a three letter .com domain a year ago, per domain market conditions.

Older captures of XMY.com from Archive.org seem to support the Complainant’s ownership claims.

In this UDRP case, the Respondent asked that the Complainant is charged with a finding of Reverse Domain Name Hijacking.

CK Kwong, sole panelist, decided that the domain XMY.com was lawfully in the possession of the Respondent. They declined to deliver a RDNH finding, however.

“Based on the evidence submitted by the parties have, in January 24, 2014 (ie, the complainant’s claim that the disputed domain name <xmy.com> illegally transferred date) to March 28, 2015 (ie the complainant through OTC transactions with 10 within ten thousand yuan bought the disputed domain name <xmy.com>) for more than a year, there is no dispute concerning the domain name <xmy.com> stolen announcement, make available to others alleged theft message. And, on the complainant claimed the domain name is stolen, this goes beyond the scope of the problem addressed by the policy, the Group therefore inconvenient for comment. 

Based on the evidence of the Respondent submitted its reply, the Respondent has made a reasonable interpretation of the disputed domain name purchase, and provides information about its looks domain name from the Xiamen-Technology Co., domain name registration service provider’s Web site < xmy.com>, at the prevailing market prices for the sale of the domain name record for evidence to support.”

For the full text of the UDRP decision in English, click here, or view the original text in Chinese.

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