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Cronus · 11-30-2008, 06:28 PM

Thanks for the update, Roustam. And congratulations on your win! Obviously I don't know all the details (or even the domain name) in your particular case, but I give you the benefit of the doubt after reading about Enom's reprehensible behavior in the davisandhenderson.com case pointed to by IAmAllanShore in WIPO D2008-1162 . After Enom blew off the trademark holder repeatedly and even tried to charge them $160,000 for the domain, it is gratifying to watch Enom squirm in their filings as they desperately try (and fail) to avoid a finding of bad faith. Last time I asked, AcquireThisName (already proven to be a front for Enom) wanted $50,000 for one of my non-generic trademarks in .com. So I know how this company feels. Out of curiousity, I did a search for other Demand Domains (yet another Enom front in their shell-game corporate structure) UDRP decisions. Here are the results:

D2008-1162 - Enom loses davisandhenderson.com and is tagged with a bad faith finding.
D2008-0176 - Enom loses portaventurathemepark.com and wwwportaventura.com, but avoids a finding of bad faith by surrendering immediately and making a unilateral offer to transfer the domain to the complaintant. Unlike in 2008-1162, the panel in this case agrees to simply order the transfer without considering whether there was bad faith.
D2007-1789 - Enom loses again, this time with chivas-regal.com. Like usual, Enom begs for the panel to order a transfer without finding bad faith. Yet the panel considers Enom's (Demand Domains Inc.) actions so egregious that they find bad faith anyway.
D2007-1382 - Enom loses axaonline.net (registered to EnomX, Inc., which is apparently another of their front companies). As in many other cases, Enom immediately surrenders, offers to transfer the domain, and begs for no bad faith finding. The panel finds bad faith anyway and orders the domain transfer.
D2007-0917 - Enom agrees to give infonavit.org to the trademark holder for free to avoid a bad faith finding..
D2007-0019 - Enom loses the domain peekundkloppenburg.com. They don't even bother to respond to this one. It is held at the registrar Fushi Tarazu, which is another "eNom owned/operated subsidiary".

So it seems that Enom/Demand Domains/AcquireThisName have been involved in many UDRP disputes, always lose, and are regularly found guilty of bad faith registration. In every case they weren't found to have registered in bad faith, it was only because they surrendered immediately and convinced the panel that there was no need to consider whether bad faith registration was involved. It is possible that I missed some with my quick search (in particular I didn't look for the names of all of Enoms known shell companies), but this is a pretty dismal record.

11-30-2008, 06:28 PM	#46 (permalink)
Cronus NamePros Regular Join Date: Feb 2007 Posts: 243 344.00 NP$ (Donate)	Thanks for the update, Roustam. And congratulations on your win! Obviously I don't know all the details (or even the domain name) in your particular case, but I give you the benefit of the doubt after reading about Enom's reprehensible behavior in the davisandhenderson.com case pointed to by IAmAllanShore in WIPO D2008-1162 . After Enom blew off the trademark holder repeatedly and even tried to charge them $160,000 for the domain, it is gratifying to watch Enom squirm in their filings as they desperately try (and fail) to avoid a finding of bad faith. Last time I asked, AcquireThisName (already proven to be a front for Enom) wanted $50,000 for one of my non-generic trademarks in .com. So I know how this company feels. Out of curiousity, I did a search for other Demand Domains (yet another Enom front in their shell-game corporate structure) UDRP decisions. Here are the results: D2008-1162 - Enom loses davisandhenderson.com and is tagged with a bad faith finding. D2008-0176 - Enom loses portaventurathemepark.com and wwwportaventura.com, but avoids a finding of bad faith by surrendering immediately and making a unilateral offer to transfer the domain to the complaintant. Unlike in 2008-1162, the panel in this case agrees to simply order the transfer without considering whether there was bad faith. D2007-1789 - Enom loses again, this time with chivas-regal.com. Like usual, Enom begs for the panel to order a transfer without finding bad faith. Yet the panel considers Enom's (Demand Domains Inc.) actions so egregious that they find bad faith anyway. D2007-1382 - Enom loses axaonline.net (registered to EnomX, Inc., which is apparently another of their front companies). As in many other cases, Enom immediately surrenders, offers to transfer the domain, and begs for no bad faith finding. The panel finds bad faith anyway and orders the domain transfer. D2007-0917 - Enom agrees to give infonavit.org to the trademark holder for free to avoid a bad faith finding.. D2007-0019 - Enom loses the domain peekundkloppenburg.com. They don't even bother to respond to this one. It is held at the registrar Fushi Tarazu, which is another "eNom owned/operated subsidiary". So it seems that Enom/Demand Domains/AcquireThisName have been involved in many UDRP disputes, always lose, and are regularly found guilty of bad faith registration. In every case they weren't found to have registered in bad faith, it was only because they surrendered immediately and convinced the panel that there was no need to consider whether bad faith registration was involved. It is possible that I missed some with my quick search (in particular I didn't look for the names of all of Enoms known shell companies), but this is a pretty dismal record.