Nubank sues after attempting to hijack reverse domain name – domain name wire

The company files an in rem lawsuit in Florida after losing the UDRP.

Nubank, a fintech start-up in Brazil, has filed a lawsuit in an attempt to obtain Nubank.com. Photo from Nubank.com.br.

Nubank, a Brazilian financial start-up that has raised billions of dollars, has filed a complaint (pdf) against the domain name Nubank.com, alleging that the domain registration violates the Anticybersquatting Consumer Protection Act (ACPA). The company uses the domain name Nubank.com.br.

The company was convicted of reverse domain name hijacking last year when it filed a cybersquatting complaint against the domain under the Uniform Domain Name Dispute Resolution (UDRP) policy.

Nubank deposited its in rem lawsuit in Florida. This may be because the domain is registered with Network Solutions with a Florida Whois privacy address. Corn in rem lawsuits against .com domains are almost exclusively filed in Virginia, where the Verisign .com registry is based.

In the lawsuit, Nubank admits that the domain was registered in 1997, long before it existed. But he argues that it was renewed around November 2020 and seems to think it should restart the clock since it was after Nubank formed. (It actually moved from FastDomain to Amazon Registrar to Network Solutions during this time.)

Nubank also says that a person named George Daniel Hudson claims to be the owner of the domain, but cannot verify this due to Whois confidentiality. This ignores the fact that the Registrar at the time of filing the UDRP verified with the World Intellectual Property Organization that Dan Hudson owned the domain.

Nubank reports a change to the website last year that raised concerns: the site was replaced with a logo of a “NUBANK” indicating that it was coming soon. An Archive.org capture of the site had a link to Dan Hudson’s LinkedIn profile.

In other words, it’s really obvious who owns the domain name, so I don’t understand the in rem deposit.

Nixon Peabody represents Nubank in the lawsuit. K&L Gates LLP represented Nubank in its reverse domain name hijacking case.