Recently the WIPO Arbitration and Mediation Center made a decision on a dispute between the Brazil-based JOOX Company and the disputed domain holder Shenzhen Tencent Holdings Ltd.(Tencent), which denied JOOX’s claim and Tencent could continuously hold the domain name joox.com in a legal manner.

JOOX, founded in 2010, provides users with services like making personalized cards and so on. The domain name joox.com is another company registered in 2001. In June 2014, JOOX failed to obtain the joox.com because of the price, and chose the joox.io as its website. Then the joox.com was bought by Tencent and used formally on November 9, 2014.

In September 2016, JOOX complained to the WIPO Arbitration and Mediation Center intending to struggle for the domain name joox.com with Tencent.

The reporter learnt from the interview that to have its complaint supported, JOOX shall satisfy the following three requirements stipulated in Uniform Domain- Name Dispute- Resolution Policy (UDRP) defined by the Internet Corporation for Assigned Names and Numbers (ICANN), namely, 1) The disputed domain name is identical or confusingly similar to the trademark or service mark on which the Complainant has rights; 2) The Respondent does not have legitimate interests in the disputed domain name; and 3) The Respondent maliciously registers and uses the domain name.

The Complainant is required to provide proof that the above three requirements are satisfied simultaneously in the domain name dispute procedure. In the domain name dispute procedure, the WIPO Arbitration and Mediation Center’s expert group believed that JOOX failed to provide sufficient evidence that Tencent does not enjoy legitimate interests in the disputed domain name and that neither the original holder of the disputed domain name nor Tencent involves in malicious registration of domain names, and therefore the three requirements stipulated in UDRP weren’t satisfied.

Accordingly, the WIPO Arbitration and Mediation Center dismissed JOOX’ s complaint and claimed that Tencent could continuously hold the joox.com domain name in a legal manner.

http://english.sipo.gov.cn/news/ChinaIPNews/2016/2016 12/P020161214314946580327.pdf