Fraudster files a domain complaint against the real domain owner

Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain name <qw.com>.

Background

• Parties involved: The Complainant was filed by Quickware, Inc. / Williams Fred against Quickware, represented by Fred Williams (the Respondent).
• Procedural history: The Complaint was filed on June 17, 2024, and the Center formally notified the Respondent on July 16, 2024. The Response was filed on July 31, 2024. The Complainant claims the domain name was hacked and initially filed against “THE HACKER,” later amending to name itself as the Respondent. The Respondent argued the Complainant is fraudulent.
• Parties’ contentions: The Complainant claimed ownership of the QUICKWARE trademark and alleged hacking, while the Respondent claims the Complainant is impersonating them to gain control of the domain.

The panel concluded

1. Fraudulent complainant: The Complainant, Quickware, Inc. / Williams Fred, was found to be a fraudster impersonating the Respondent, Quickware, represented by Fred Williams.
2. Lack of evidence: The Panel found no evidence of a legal entity named Quickware, Inc., and concluded that the Complainant was a fraudster.
3. Trademark misrepresentation: The Complainant’s claim was based on a trademark registration for QUICKWARE, which was held by an unrelated company, Quickware Engineering & Design LLC.

Decision

The Complaint was denied due to the fraudulent nature of the Complainant and lack of evidence supporting Complainant’s claims.

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