Pay-per-click links were enough to establish rights or legitimate interests in domain name

In the case of China Ready and Accredited Pty Ltd v. Warren Weitzman, Caramba LLC, the Complainant came up short in its quest to have the Panel transfer the disputed domain name <chinaready.com>. On the second UDRP element, the Panel found that the Complainant made a prima facie showing that the Respondent lacked rights or legitimate interests in the domain name. But the Respondent successfully met and overcame that prima facie case with evidence of its rights and legitimate interests.

Setting up pay-per-click links at a disputed domain name generally does not of itself confer rights or legitimate interests arising from a “bona fide offering of goods or services” or from “legitimate noncommercial or fair use” of the domain name. But this case fit into a relatively narrow set of circumstances where pay-per-click links at the disputed domain name do establish those rights and interests.

The 3-member Panel considered that the disputed domain name consisted of the common phrase “China Ready” and the pay-per-click links came within at least a generally understood meaning of the phrase, i.e. “ready for China”. Considering this against the background of the Respondent’s apparent business in advertising and domain monetizing services for others using numerous domain names over the years, and that there was no evidence of the Respondent intentionally targeting the Complainant or its business in using the disputed domain name, the Panel concluded that the Respondent had rights or legitimate interests in the disputed domain name.

The Panel went on to find that the Respondent engaged in reverse domain name hijacking. Because the Respondent registered the domain name before the Complainant established its trademark rights, in this case the Complainant “could never have prevailed.” The Panel found the complaint was brought in bad faith and was an abuse of the proceeding.

China Ready and Accredited Pty Ltd v. Warren Weitzman, Caramba LLC, WIPO Case No. D2015-2164