Domain owner registered the dictionary term before the company existed.
A World Intellectual Property Organization panel has ruled that home lending company Viviendas Universales S.A.S. tried to reverse domain name hijack viviendas.com.
Viviendas Universales S.A.S. failed to show any of the three elements necessary to win a case under the Uniform Domain Name Dispute Resolution Policy (UDRP).
The case was dead on arrival for a couple of reasons.
First, viviendas is a Spanish dictionary word that means housing or households.
Second, the domain owner registered the domain before Viviendas Universales S.A.S. existed, meaning it was impossible to show that the domain owner registered the domain to target the Complainant.
In finding reverse domain name hijacking, panelist Gerardo Saavedra wrote (translated from Spanish):
It appears that the Complainant, who had legal advice, attempted to opportunistically obtain the disputed domain name by any means, presenting baseless allegations that it knew or should have known would not succeed, thus harassing the Respondent, which leads this Expert to determine in this case an abuse of the administrative proceeding under the Policy by the Complainant.
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