Nishan Systems Inc.'s three-year campaign to secure the rights to nishan.com ended with a thundering crash in May after an international arbitration body ruled that the IP storage switch company had tried to "hijack" the domain name in bad faith.
This spring, Nishan filed a complaint with the Geneva-based World Intellectual Property Organization, which mediates domain name disputes. Its complaint alleged that the owner of nishan.com -- one Angela Nishan Bindra, who lives in the U.K. -- has no rights to, or legitimate interest in, the domain name.
On May 1, 2003, WIPO denied Nishan's request to obtain the rights to nishan.com, ruling that its petition constituted "reverse domain name hijacking," which the group defines as using the domain name dispute resolution policy "in bad faith to attempt to deprive a registered domain name-holder of a domain name." The text of the ruling is available here.
A Nishan spokesman says that the company had tried to buy the domain name from the registered owner a few years ago but claims the owner "would only sell it at an outrageous sum," which Nishan Systems declined to do. The company, believing it had a legitimate claim to nishan.com, took the matter to WIPO for resolution -- and lost. And that, according to Nishan, was the end of that.
But a representative of trc.NET, the Miami-based ISP that hosts Bindra's nishan.com Website, tells a very different story.
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