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CellGene.com UDRP is a case of RDNH

CellGene.com UDRP was a case of Reverse Domain Name Hijacking. Its case number is #D2018-2673. This UDRP was filed at the World Intellectual Property Organization. This UDRP was filed by a pharmaceutical company called CellGene. This pharmaceutical company is a large publicly traded company. The panel in celgene.com UDRP also stated that the legitimacy of Pay Per Click parking, PPC. The panel discussed PPC monetization in two sections.

The following is an excerpt from the rights all estimate interest section of the decision

“According to the evidence placed before the Panel, for most of its 16-year life, the disputed domain name has been used as a parking page with PPC links relating to the dictionary meaning of the terms comprised in the disputed domain name. As mentioned in section 2.9 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), such activity is consistent with Respondent rights or legitimate interests under the UDRP.”

The Panel does not consider that, in the circumstances explained in section 6C below, the recent and brief appearance of the Complainant-related PPC links is sufficient to delegitimize the Respondent’s use.”

And now is the accept from the registered bad faith section of the decision:

“Fifth, since at least 2004, the disputed domain name has been used for a website with PPC links relating to the dictionary meaning of the terms comprised in the disputed domain name rather than to the Complainant or its specific industry – apart from a 2018 screenshot produced by the Complainant with three links referring to the Complainant – “Cellgene Jobs” (twice) and “Celgene”.

The Complainant has not exhibited the pages to which these links lead and so the Panel cannot tell whether the Complainant is right to claim that they “do not lead to any legitimate website or information about the Complainant”. In any case, the Panel does not believe these PPC links are relevant given that they first appeared after a very long period of entirely legitimate PPC-use of the disputed domain name by the Respondent. Even if the Respondent is treated as responsible for these (automated) links and even if they are deemed to constitute use in bad faith (as to which the Panel expresses no view), they are certainly not indicators that the Respondent registered the disputed domain name in bad faith 15 years previously.”

Later the decision put the spotlight on the fact that the complaint offered $2,000 to buy celgene.com. but the domain Registrar offers it to sell it for $7,500.

Ultimately stated that this was a case of RDNH.

About the author

Pooja Mukherjee

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