Kenya based KN Law LLP filed a UDRP over domain name kn-partners.com, vide WIPO case number D2020-2889. The Law Firm currently has website at kn.co.ke and whois for this .ke domain indicates the name as LN Associates LLP.
While the Respondent Law Firm Kotonya Njoroge LLP, was having a legitimate website over the disputed domain name – kn-partners.com, which clearly list out the legal service being rendered through the domain name. Moreover WHOIS information already indicated name as Mark Kotonya and organization as KN & Partners, Advocates. That is, the Respondent is commonly known by the domain name in terms of UDRP Policy
WIPO Overview 3.0 Para 2.3, states:“Panels have addressed a range of cases involving claims that the domain name corresponds to the respondent’s actual given name (including in combination with initials), stage name, nickname, or other observed moniker.For a respondent to demonstrate that it (as an individual, business, or other organization) has been commonly known by the domain name or a name corresponding to the domain name, it is not necessary for the respondent to have acquired corresponding trademark or service mark rights.”
The Complainant seems to be oldest in business, tried to prove Bad Faith against the Respondent Law Firm, who had registered the domain name in 2018 only. While the Complainant’s domain name is registered since 18 July 2014. But since the Respondent was making legitimate use of the domain name as KN for the Respondent stands for “Kotonya Njoroge” and being known by the Domain Name.
The Panelist held that the Complainant failed to prove the lack of legitimate interests on behalf of the Respondent, therefore Bad Faith was not analyzed. The Panelist took into consideration:(a) “KN” is a natural condensation or abbreviation of Kotonya Njoroge;
(b) there is evidence that the Respondent has also used the shortened form “KN & Partners Advocates” in connection with its business;
(c) there is evidence of at least three other law firms in Kenya using domain names formed on “kn”; and
(d) there are a number of visual and aural differences between the disputed domain name and registered trademark No. 80650 (KN ASSOCIATES LLP);
Therefore, the panelist Mr. Warwick A. Rothnie, rightly denied the Complaint. As Domain Name Disputes are purely for the purpose of cybersquatting complainant and not to resolve any other kind of disputes between the parties having competing rights !
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