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Domain King loses UDRP, accused of filing "misleading affidavit"

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voyuer.com - UDRP

Rick Schwartz "Domain King" V. Slavik Viner "Xedoc"

http://www.arb-forum.com/domains/decisions/433802.htm

Complainant is Virtual Dates, Inc. (“Complainant”), represented by Howard
Neu of Law Office of Howard Neu, P.A., 1152 North University Drive, Pembroke
Pines, FL 33024.
[...]
Complainant’s additional submission consists of an Affidavit of Richard
Schwartz...
[...]
The Panel is most disturbed by Complainant’s additional submission. The
Schwartz declaration is unsupported by any evidence. The Schwartz
Declaration contradicts the very trademark application on which Complainant
basis its request for relief.
[...]
Complainant mischaracterizes the decision in The Cold War Museum v. Nicolas
Jampol, FA96594 (Nat. Arb. Forum Feb. 8, 2001).
[...]
Schwartz’ misleading affidavit...
[...]
Complainant has not established all three elements required under the ICANN
Policy; the Panel concludes that relief shall be DENIED.
 
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