PicMonkey Inc. filed a complaint with the WIPO Arbitration and Mediation Center on February 26, 2015 for the domain name PickMonkey.com and has been denied the claim by a sole panelist.
PicMonkey Inc. filed 3 trademarks for PICMONKEY (2) and PICKMONKEY ROYALE (1), all on June 4, 2013.
The PickMonkey.com domain name was registered on May 20, 2004.
PicMonkey.com offers photo editing software and is founded by several original members of Picnik, who Google acquired in 2010 and later shut down two years later. You can read some of the companies history here in a GeekWire.com story from 2014.
The Complaint Finding:
The findings in the WIPO case for the domain name PickMonkey.com were:
The Panel reiterates the particular circumstances in this case, specifically that the Respondent registered the disputed domain name <pickmonkey.com> on May 20, 2004, which was 9 years prior to the registration of Complainant’s trademarks. At the time the disputed domain name was registered, the Complainant did not yet exist and no trademark registrations were in existence. Accordingly, the Respondent could not have been aware of the Complainant or the Complainant’s rights. Therefore, the Respondent could not have acted in bad faith in the registration of the disputed domain name.
Accordingly, the Panel finds that the Complainant has failed to satisfy the requirement under paragraph 4(a)(iii) of the Policy.
For the foregoing reasons, the Complaint is denied.
You can read the full WIPO case here.
Was this a case of Reverse Domain Name Hijacking (RDNH)? There was no mention of RDNH in the WIPO case.
The Panels are not entitled to assess whether or not the complaint has been made in bad faith at their own initiative. Such an assessment must be requested by the domain name holder.
as stated in this FindLaw.com.au article.
The Respondent was: Edmunds Gaidis – sia gogle
The Panelist was: Christopher J. Pibus