Danish entrepreneur found guilty for “REVERSE DOMAIN NAME HIJACKING” (RDNH)
A businessman in Denmark tried to steal a domain after failed negotiation in buying it. Shameful bastard!

Who is this fucker?

Frands Jepsen is the managing director of Queen®, a company based in Demark which is specialized in the growing of the Kalanchoe (also written Kalanchöe or Kalanchoë) plant.

He became the managing director in the year of 1997, running the company together with his wife, Louise.

What is "Reverse Domain Hijacking"?

According to Domain Sherpa, it is an act often perpetrated by larger corporations and famous individuals manipulating the URDP policy in a bid to strong-arm the legitimate holder (the registrant) of a domain name in giving up the right of use / ownership.

When a URDP complaint is heard, The World Intellectual Property Organization (WIPO) will take into consideration of the grounds, reasonings and evidence submitted by both the Complainant and the Respondent before handing down a judgement. WIPO self-funding agency of the United Nations, with 193 member states.

If the judgement decides that the filing of a complaint is in bad faith, resulting in the abuse of the UDRP administrative process, it is technically an action of 'reverse domain name hijacking'.

What domain did this fucker try to 'hijack'?

The domain in question is QUEEN.com, a solid 5-L generic dictionary-word domain that is worth at least US $2,000,000.

From whom did this fucker try to steal?

Rick Schwartz, as known as Domain King, was the victim in this incident. Schwartz is a reputable domain name investor who had started accumulating a large pool of domain names since the infancy days of the Internet. Below are some of his known sale record:

  • Candy.com (sold for US $3,000,000 plus 2% of the company's revenue share in 15 years)
  • Property.com (sold for US $36,000,000)
  • eBet.com (sold for US $1,350,000)
  • BestOdds.com (sold for US $3,600,000)
  • Porno.com (sold for US $8,880,000 in 2015 while he acquired it in the mid 90s at US $42,000)
  • Men.com (sold for US $1,300,000)

Basic facts of the URDP case:

  • Jepsen (the Complainant) argued that the domain QUEEN.COM is identical to his company trademark registered in Denmark "KALANCHOE QUEEN" (FYI - “Kalanchoe” is merely descriptive of the type of flower)
  • The Complainant believed that Schwartz (the Respondent) was not known or associated with "Queen" and therefore shall not have any genuine interest in the name "Queen"
  • The domain name in question did not host any content (merely as a re-direct to an adult website) and therefore it did not have any meaning for the Respondent.
  • The Complainant said that the use of the domain was in 'bad faith'

Why was this fucker Jepsen so wrong and lost the case in the hearing?

  • The domain was actually registered in 1997 whereas the Complainant only obtained a US trademark registration in 2015
  • The Complainant has provided no evidence of fame in 1997 and the Respondent has moreover aptly demonstrated that indeed even a present day (Danish) Google search does not readily disclose the existence of the Complainant and its marks
  • The domain consists of a common term and the Respondent has used the Disputed Domain Name in a way which corresponds to one of the common meanings of that term
  • The Complainant failed to demonstrate both that the Respondent has no rights or legitimate interests, as well as that domain was registered and is being used in bad faith

Losing the case, WIPO ruled that Jepsen was guilty of "Reverse Domain Name Hijacking" because:

  • The Complainant has failed by a large margin. The domain name comprises a single dictionary word and therefore it was groundless to accuse the Respondent in registering the domain name to target the Complainant’s Danish flower business
  • The Complaint lacks candour in that it makes no mention of the Complainant’s unsuccessful approach to buy the domain from the Respondent before filing the URDP case
  • The Complainant abused the URDP policy with “a highly improper purpose”

What had Schwartz done after winning the case?

Our thoughts:

Honesty is always the best policy. Before the case was brought to the court, Jepsen had prior communication with Schwartz, asking for the cost of buying the domain. Schwartz then offered a purchase price of US $2,000,000 or US $15,000 per month to lease. Jepsen replied rudely "Are you kidding me?"

Then, he decided to take a disgraceful and despicable action in order to force Schwartz in giving him the domain for free.

Wrong, very wrong. Jepsen definitely deserves to be called a "fucker".

We rest our case.