Ardyss,a company that sells a variety of beauty,clothing and many others,has recently lost a domain name dispute and,also has been found guilty of Reverse Domain Name Hijacking.
The company submitted a complainant to the National Arbitration Forum,requesting the domain name ardyssbodymagicshop.com to be transferred from the respondent to the complainant.
Complainant also claims to be the owner of many registered trademarks for Ardyss mark.
Therefore they contended in the complaint that the domain name is confusingly similar to its trademark ,and that the respondent registered and used the domain name in bad faith.
On the other hand,the respondent contended that Ardyss " only sells products through their Independent Distributors, and not directly to consumers. Respondent concludes that it therefore has a fair use right to include ARDUSS in their domain name, and that the Complainant has lost its rights to their mark by allowing their Independent Distributors to purchase and maintain websites on 837 active domain names which include the word ARDYSS. "
Moreover,he contended that he had been an independent distributor of Ardyss's products since 2006 and suggests the complainant is guilty of Reverse Domain Name Hijacking.
Therefore,Ardyss has been found guilty of domain name hijacking and,moreover,the Panel decided the domain name not to be transferred from the respondent to the complainant.
You can see the decision here .
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