IBM (International Business Machines) lost the dispute over the domain name IBMS.com. A UDRP complaint was filed with the World Intellectual Property Organization (WIPO) after an IBM customer received a phishing email purporting to be from @br.ibms.com. The sender of the letter tried to obtain information about the recipient's bank details.
Such actions, of course, are grounds to convict the registrant of the IBMS.com domain of abuse, causing damage to IBM. However, even a superficial investigation was enough to establish that the domain registrant did not send this message - the registrar company confirmed that only one email address is associated with the domain name IBMS.com, which has been inactive for the last two years. As for the @br.ibms.com address, it appears on many spam lists and is used by botnets.
IBM did not provide any other evidence of misuse. But the defendant Mitch Chait presented evidence that his company was registered in 2011, IBMS is an abbreviation for Intelligent Behavior Management System, and in 2014 the US Patent Office even issued a patent for this system. Based on all this information, WIPO arbitrator W. Scott Blackmer criticized IBM's complaint, calling it "ill conceived and poorly executed," Domain Name Wire reports. He left the complaint without satisfaction, mentioning in his decision that IBM's actions still did not meet the criteria for an attempt to recapture a domain name. But this very mention suggests that in the future, IBM lawyers should prepare such requests more carefully.
