In a domain name procedure with WIPO it must be demonstrated that (1) the domain name corresponds to the brand, (2) the holder does not own rights, and (3) that the domain name was registered and used in bad faith.
Univé not only failed to obtain the domain name and was ultimately convicted of misleading the panel.
Univé states that the domain name has been in her possession since 2000. In 2010 she allegedly forgot to renew the domain name on time, and the current holder of the domain name quickly snatched it away. The holder has no claims on the name Univé.
The defendant shows that Univé’s statements are not true. The domain had been in his possession since 2003 and he offers this ad for education in universities. The Panel therefore rules that Univé had no actual proof for use in bad faith. The allegation that defendant secretly transferred the domain name into her possession in 2010, is wrong. E-mail evidence showed that Univé was actually aware of this. That mistake is unacceptable. The claim is rejected and Univé sentenced to mislead the panel (filing a complaint in bad faith in order to obtain a domain name).
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