Competitor registers domain name

The ruling on domain name is a good example. The plaintiff has been operating under the name ‘Stichting HBO Register Complementaire Zorg’ since 2007. In 2012 a trademark application was filed for RBCZ. However, the domain name was registered two years earlier by Civas, a competitor. The domain name was not in use.

Had the trademark been registered directly in 2007, the plaintiff would have had an easier time proving the defendant’s bad faith. Now it has to do so through a detour. In 2021, the domain name was transferred to the defendant. The defendant was the director and sole shareholder at Civas until 2020. The defendant did not explain why he chose exactly these four letters. It is plausible that the domain name was registered by the defendant in bad faith and should be transferred to the claimant.