In the digital economy, owning and protecting your brand online is as critical as owning real estate in the physical world. One recent decision from the World Intellectual Property Organization (WIPO) illustrates this vividly. The case—Flipboard, Inc. v. Ankit Vyas, ANKIT VYAS VENTURES PRIVATE LIMITED, Case No. DTV2025-0001—offers domain investors a compelling reminder of the power of trademark rights, the risks of cybersquatting, and the importance of building defensible domain portfolios.
The Big Picture: Flipboard Reclaims Flipboard.tv
Flipboard, Inc., the creator of a widely recognized content aggregation app and holder of multiple U.S. FLIPBOARD trademarks dating back to 2012, filed a complaint with WIPO against the registrant of the domain name flipboard.tv. The domain was registered in May 2023 by Ankit Vyas of India and initially resolved to a website that displayed the Flipboard logo and branding—without permission.
Despite cease-and-desist letters and the eventual takedown of the site, the domain was still owned by the respondent and not being used in any legitimate capacity. Flipboard escalated by filing a UDRP (Uniform Domain Name Dispute Resolution Policy) complaint, which ultimately resulted in a win: the domain will now be transferred to Flipboard.
What Happened: The UDRP Breakdown
Under the UDRP, three elements must be satisfied to win a domain dispute:
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Identical or Confusingly Similar
Flipboard argued—and the panel agreed—that flipboard.tv is confusingly similar to its registered FLIPBOARD trademark. The addition of “.tv” does not differentiate it, as top-level domains are typically disregarded in the similarity analysis. Because the domain incorporated the entire FLIPBOARD mark, the threshold test was easily satisfied. -
No Rights or Legitimate Interests
Flipboard made a prima facie case that the respondent lacked any rights or legitimate interests in the domain name. The panel highlighted that:-
The respondent was not authorized to use the FLIPBOARD mark.
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There was no evidence of legitimate use.
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The website’s use of Flipboard’s branding constituted impersonation—a strong indicator that the respondent had no legitimate interest in the domain.
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Registered and Used in Bad Faith
The use of the site to impersonate Flipboard and mislead users into thinking it was associated with the brand was key. Even after the site was taken down, the panel invoked the “passive holding” doctrine, stating that non-use does not prevent a finding of bad faith—especially when:-
The trademark is well known.
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The respondent fails to submit a defense.
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There is no plausible good-faith use of the domain.
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Lessons for Domain Investors
This case serves as an important reminder for those in the domain game. Here are the key takeaways:
1. Trademarks Trump Everything
When you invest in domain names, always research trademark implications. The registration of a domain that matches or closely resembles a registered and well-known trademark—especially without any legitimate use—can be easily overturned.
Even generic word domains (if they are also trademarks) can lead to disputes. If the mark is famous and the domain is used to confuse or impersonate, it’s a legal landmine.
2. “Passive Holding” ≠ Safe Harbor
Some investors may think that parking a domain or leaving it blank is a way to stay under the radar. Not so fast. This decision reinforces the idea that a passively held domain can still be found to be in bad faith. If it resembles a well-known brand and there’s no indication of a fair or planned use, it could be targeted in a UDRP.
3. Legitimate Use Matters
Want to defend a domain if challenged? You’ll need a solid paper trail:
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Show legitimate business use.
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Prove you’ve been commonly known by the domain.
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Or demonstrate fair, non-commercial use.
Absent this, your domain might be indefensible.
4. Silence is Damaging
The respondent never replied to the complaint. In UDRP proceedings, silence can be fatal. When you don’t respond, the panel may treat the complainant’s arguments as unrefuted facts. Always respond—even if it’s just to present your side of the story.
Final Thought: Protect Your Investments Like You’d Protect a Business
Owning domains is not just about smart buying—it’s also about legal diligence. Before you register or buy a domain that mirrors an existing brand, ask yourself:
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Is this domain potentially infringing?
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Can I show a legitimate reason for owning and using it?
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Could this domain cause confusion with a trademark holder?
Be proactive, not reactive.
And remember: just because a domain is available, doesn’t mean it’s safe to register.
Stay smart. Stay informed. Stay successful.
To your domaining success,
@AndrewHazen & @DomainSuccess
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