This case was dead on arrival.
Hummingbird RegTech, Inc. failed to obtain the domain name hummingbird.com through a cybersquatting claim.
The case was dead on arrival, and I’m a little surprised the panelist didn’t consider reverse domain name hijacking even though the domain owner didn’t respond.
Hummingbird RegTech, Inc. provides compliance systems for the financial industry and uses the domain name hummingbird.co. According Crunchbasethe company has raised over $40 million in funding.
It makes sense that the company would want to move to hummingbird.com. The problem is that the .com was registered in 1994. It was used by a company called Hummingbird which OpenText acquired in 2006. OpenText still owns the domain and passes it to a page on opentext.com with tracking parameters to show that the reference was from hummingbird.com.
OpenText is a publicly traded company with a market capitalization of $3.5 billion.
Hummingbird RegTech was founded in 2017, which means that business was dead when it arrived. There was no way for the company to show that the domain was registered and used in bad faith to target a then non-existent company.
OpenText has not responded to the dispute, but National Arbitration Forum panelist Nicholas JT Smith had no problem deciding in its favor.
Rimon PC represented Hummingbird RegTech.