Bytedance wins ownership of infringing TikTok domain

TikTok owner Bytedance has won control of an infringing domain hosted in Ukraine, after a decision from the World Intellectual Property Organization (WIPO).

In a decision issued late last month, a panel at the WIPO Arbitration and Mediation Centre found that the domain TikTok.com.ua had been registered and used in bad faith.

The panel ordered that control of the domain be transferred to Bytedance’s ownership.

The Chinese technology company took its case to WIPO in June after discovering the domain, registered with the company Hosting Ukraine.

Bytedance then amended its complaint to name the respondent as Alexey Dubinin, after obtaining registrant information from the local web hosting company. Dubinin registered the domain in May 2019, two years after Bytedance began using the name.

“In the instant case, there is no evidence, including the WhoIs record for the disputed domain name, which suggests that the respondent is commonly known by the disputed domain name,” the WIPO decision said.

WIPO also found that Dubinin’s registration and use of the domain was in bad faith.

“The respondent’s actions create a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the disputed domain name, and the respondent is thus using the fame of the complainant’s trademark and logo to improperly increase traffic to the website listed at the disputed domain name for the respondent’s own commercial gain,” the panel said.

There has been speculation over Bytedance’s continued ownership of TikTok, with US President Donald Trump looking to ban the platform unless it is bought by an American company.

Microsoft had emerged as the most likely buyer, but new Chinese export controls on artificial intelligence and algorithms could complicate any potential deal.

The Chinese-owned platform has also had IP issues of its own, with music copyright owners accusing TikTok of underpaying them for the songs featured in its users’ videos.

TikTok referred several major collecting societies to the UK Copyright Tribunal last July, but later agreed to enter into arbitration.

Bytedance subsequently struck several licensing deals this year, including with the US National Music Publishers' Association.

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