SAP SE Wins Arbitration Over Sap.ai (2.Viewing)

The case "SAP SE v. Nathaniel Hunt" (WIPO Case No. DAI2024-0053) revolves around the domain name <sap.ai>, registered with Dynadot Inc. SAP SE, the complainant, argued that the domain name infringes on their trademark, SAP, which is widely recognized in the technology sector. SAP contended that the domain, which is offered for sale by Nathaniel Hunt, the respondent, was registered in bad faith to profit from SAP’s trademark value.

The respondent, who purchased the domain via an expired domain auction, claimed the domain was acquired for its generic value as a dictionary word or acronym and not to target SAP. The respondent emphasized that three-letter domain names, especially those with the ".ai" extension, have risen in value due to the AI boom. However, the complainant argued that SAP’s global prominence, especially in AI, made it impossible for the respondent to acquire the domain name without knowledge of SAP’s rights.

The panel concluded that the respondent likely knew of SAP's trademark and registered the domain in bad faith, intending to profit from its association with SAP, particularly in the AI context. The panel ordered the transfer of the domain <sap.ai> to SAP SE.

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The disputed domain name was registered on February 10, 2015. However, the Respondent notes that it
acquired the disputed domain name via an expired domain name auction in June 2023. A historic WhoIs
report produced by the Respondent shows that the disputed domain name was originally registered by a
third party, and was later acquired by the Complainant on or about August 18, 2017. It was held by the
Complainant until about February 22, 2023, after which it reverted to the “.ai” Registry and was then
auctioned. Information from the Registry’s public auctions website shows that the auction began on May 26,
2023, and closed on June 5, 2023. There were 20 bids and the successful bid price was USD 1,523.1
The first available historic WhoIs entry following said auction is dated July 23, 2023, and shows the
Respondent’s name in the registrant name field, and that the nameservers associated with the disputed
domain name have been changed to those of a domain name aftermarket website.
The Complainant’s screenshot dated June 14, 2024, shows that the disputed domain name points to a page
on said aftermarket website on which the disputed domain name is offered for sale in the sum of
USD 49,000, or “lease to own” in the sum of USD 1,634

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