WIPO domain disputes › RDNH findings › DAU2019-0031
DAU2019-0031: RDNH finding over smartmark.com.au
On 19 February 2020, a WIPO panel found that Smartmark Pty Ltd, ACN 604 562 638 brought its complaint over smartmark.com.au in bad faith, the finding known as reverse domain name hijacking (RDNH). The complaint was denied, so the registrant kept the name.
The domain name was registered on 9 June 2015, 4.4 years before the complaint was filed.
The record
| WIPO case | DAU2019-0031 |
|---|---|
| Domain name | smartmark.com.au |
| Complainant | Smartmark Pty Ltd, ACN 604 562 638 |
| Decision date | 19 February 2020 |
| Outcome (WIPO) | Complaint denied |
| How the finding appears | found in the panel's reasoning |
| Panelists | Christie, Andrew F. (presiding) Limbury, Alan L. Swinson, John |
| Panel | Three-member panel |
| Complainant represented | Yes |
| Domain registered | 9 June 2015 |
| Complaint filed | 29 October 2019 |
The panel’s finding
For all the foregoing reasons, the Complaint is denied.
Accordingly, the majority of the Panel finds and declares that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.
Read the decision on WIPO · WIPO case record
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How the RDNH archive is built
WIPO publishes every panel decision and a full-text search over them. This archive starts from that search for the wording a panel uses when it declares reverse domain name hijacking, reads each decision in full (older ones are web pages, newer ones PDFs converted to text), and keeps those where the panel itself says the complaint was brought in bad faith. A finding is marked declared in the operative decision when the final order says so, or found in the panel’s reasoning when only the reasoning does.
The reading is automatic and has been checked by hand on samples, but it is not exhaustive and not perfect: some findings may be missing, and a few listed cases may be borderline. A case is listed only when the panel’s own closing words can be quoted cleanly; decisions with an irregular layout, or not written in English, are held back. Every page links to the decision on WIPO, which is the authority. Dates, parties and panellists come from WIPO’s case records. Respondents are not named.
This is an information resource, not legal advice. A finding of RDNH is a panel’s conclusion about one complaint, not a statement about the company beyond that case.
