Claiming a domain name can often be resolved through a simple UDRP procedure, but not always. In 2020, an online webshop offering various types of snacks and candy was launched. The company registered its logo SNACKJE as a trademark in the Benelux and listed its trade name with the Chamber of Commerce.
The defendant had registered the domain name 15 years earlier (in 2005). The domain linked to a pay-per-click website with advertisements for other companies also selling snacks. The claimant argued infringement. As a settlement proposal, the defendant offered to transfer the domain name to the claimant for €10,000.
Ultimately, the claim was dismissed. For infringement of a .nl domain name, one must prove that the registration or use of the domain name was in bad faith. Since the domain name was registered much earlier, the claimant could not rely on this and needed to prove bad-faith usage instead. SNACKJE is a common Dutch word. Therefore, links to companies selling snacks are not considered bad-faith use. The defendant’s offer to sell the domain for €10,000 came only after the claim was filed, so it was deemed irrelevant. The claim was rejected.
Lesson learned: when dealing with old or highly descriptive domain names, don’t assume they can be easily claimed
