RDNH A look at the history of Reverse Domain Name Hijacking

[equity78]

With the news out today that Lotto.com was saved in a UDRP complaint, though there was no finding of reverse domain name hijacking. There is an article published by Gerald M. Levine a few weeks back at IPlegalCorner.com that's worth reading. Mr. Levine takes a look back at the history of RDNH and provides some other stats on UDRP's as a whole. From the article: Between … [Read more...]

 

[tonyk2000]

In Timbermate Products Pty Ltd v. Domains by Proxy, LLC / Barry Gork (WIPO case D2013-1603), panelist Tony Willoughby made a comprehensive analysis of RDNH cases. Should also be in domainers bookmarks:

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The Panel has reviewed a number of decisions where findings of RDNH have been made to see what the basis was for those findings. In most cases the finding has resulted from:

(i) materially false evidence: The Procter & Gamble Company v. Marchex Sales, Inc., WIPO Case No. D2012-2179:

“The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000.”

(ii) omission of relevant evidence G.A.Modefine S.A. v. A.R.Mani, WIPO Case No. D2001-0537:

“The Panel finds the failure of the Complainant in its Complaint to set out any of the clearly lengthy background to this dispute is surprising. The Complainant or entities associated with it have been pursuing the Respondent since 1995, through various representatives. The Panel is left with a strong sense that the reason these actions have led nowhere is because they come up against the same issue as has been identified in these proceedings, namely, the Respondent’s legitimate use of a variant of his own name. The Complaint states (at paragraph 20) in accordance with the Policy, that "the Complainant certifies that the information contained in the Complaint is to the best of the Complainant’s knowledge complete and accurate". The Panel does not see how that could properly have been said. In the circumstances, the Panel concludes, pursuant of paragraph 15(e) of the Rules, that this Complaint has been brought in bad faith, and that it constitutes an abuse of the administrative proceeding.”

(iii) misrepresentation Coöperative Univé U.A. v. Ashantiplc Ltd/ c/0 Domain Privacy LLC, WIPO Case No. D2011-0636:

“The Complainant failed to provide any argument or evidence which could support its Complaint and its attempt to mislead the Panel and/or its willful recklessness in making incorrect factual allegations is a clear demonstration of bad faith.”

(iv) no trade mark rights at date of registration of the domain name M Corentin Benoit Thiercelin v. CyberDeal, Inc., WIPO Case No. D2010-0941, a decision of this Panel:

“In the view of the Panel this is a Complaint which should never have been launched. The Complainant knew that the Domain Name was registered nearly 10 years before the Complainant acquired his registered rights, no attempt was made to demonstrate the existence of any earlier rights nor was any attempt made to address the issue arising from the disparity in dates. It simply was not mentioned. Instead, a flagrantly insupportable claim was made as to the Respondent’s bad faith intent at time of registration of the Domain Name and the Panel can only assume that it was hoped that the Panel would miss the point.”

(v) ulterior purpose Pick Enterprises, Inc. v. Domains by Proxy, LLC, DomainsByProxy.com / Woman to Woman Healthcare / Just Us Women Health Center f/k/a Woman to Woman Health Center, WIPO Case No. D2012-1555;

“Second, given the circumstances of this case, especially the dearth of evidence supporting the Complaint, it is difficult to avoid an inference that the Complaint was filed at least in part not to obtain the disputed domain name but rather to increase negotiating leverage in the settlement discussions, “a highly improper purpose.” Wall-Street.com, LLC v. Marcus Kocak / Internet Opportunity Entertainment (Sports) Limited, Sportingbet PLC, WIPO Case No. D2012-1193.”

(vi) complainant knew that complaint was doomed to failure Dextra Asia Co., Ltd. v. Lakeside Enterprises Limited, WIPO Case No. D2012-0403, a decision in which this Panel participated:

“Overall, it appears to the Panel that the Complainant has simply embarked on a course to obtain the Disputed Domain Name, if not by negotiation, then by launching this Complaint, but knowing that there was no real prospect of being able to demonstrate registration and use in bad faith.”

(vii) constructive knowledge IUNO Advokatpartnerselskab v. Angela Croom WIPO Case No. D2011-0806, another decision of this Panel:

“The Complaint is undoubtedly fundamentally flawed, but was it brought in bad faith to attempt to deprive the Respondent of the Domain Name or to harass the Respondent (paragraph 15(e) of the Rules)?

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Source:
https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2013-1603