Company goes after domain registered before it existed.
Lukka, Inc. has lost its second attempt to get the domain name Lukka.com through a UDRP. The company, which provides crypto asset software and data, uses the domain name Lukka.tech. It has raised nearly $75 million from investors over the past year.
The company filed the first UDRP on March 1, but the trademark it claimed rights to was not in the Complainant’s name, so the panelist nixed the UDRP based on the first element.
It refiled the complaint on May 6, addressing the difference in the name of the trademark holder.
But the case was still a stinker. The company was founded as Libra (yes, the same name that Facebook temporarily used for its planned cryptocurrency) in 2014 and changed its name to Lukka later. The domain name owner acquired the domain in 2010 and registered a company in Korea that year called Lukka Co., Ltd.
Given the dates, it’s impossible that the Respondent registered the domain to target the Complainant.
The panel did not consider if this is a case of reverse domain name hijacking.
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