E-Cigarette Respondent's Reverse Domain Name Hijacking Argument Goes Up In Smoke

Reverse domain name hijacking ("RDNH") in domain name dispute cases is a finding that the complainant has abused the UDRP process by bringing its complaint in bad faith.  A common reason panels make such a finding is that the complainant should have known its complaint was fatally weak.  But recently, a UDRP panel denied a request for reverse domain name hijacking, even though the complainant failed to establish two of the required three elements needed to prove its case.  

Breazy, Inc. sells electronic cigarette products, and claims federally registered trademark rights to the JUICEDB mark dating back to May 14, 2019, and common-law rights dating back to 2013.  VR PRODUCTS I LLC registered the (ejuicedb.com) domain on May 19, 2016 and used it for an e-commerce electronic cigarette business.  Believing that VR's domain and website infringed its trademark rights, Breazy filed a UDRP complaint.