Domain name owner loses UDRP, sues, gets $7,500

[lennco]

MyArt.com owner can keep domain name and some cash.
In April I wrote about how the owner of My-Art.com filed its second UDRP against the domain name MyArt.com and won.

It was a bad decision based, in part, on a incorrect claim that the domain name was transferred to a new owner after the first decision.

The owner of MyArt.com didn’t respond to the UDRP filing, but sued after the decision was handed down.

The lawsuit, filed by law firm Lewis & Lin LLC, claimed reverse domain name hijacking under the Lanham Act, as well as related state unfair competition claims.

My Art SAS, the French company that filed the UDRP, settled after the lawsuit was filed. It won’t get the MyArt.com domain name and also agreed to pay statutory damages, attorney’s fees and litigation costs.

Court records show the payment was just $7,500. Not much, but a nice turnaround from having to give your domain name away to getting paid for your inconvenience and legal fees.

http://domainnamewire.com/2014/07/17/domain-name-owner-loses-udrp-sues-gets-7500/

Nice to see a little payback

 

[gt88hel]

UDRP agent should pay for this

 

[Ronald Regging]

UDRP agent should pay for this

This is why people should never agree to arbitration. And, in this case, the domain ownet refused to do so, didn't bother to even respond and once the decision was made, immediately contested it in a real court of law.

 

[alien51]

Litigation is costly and a nuisance, especially for registrants outside the US and you are suing in the US.

Perhaps the cheapest option, is atleast offer a response to the UDRP (which is free of charge), or get a 3 panel arbitration to cancel out the nut judge on the panel.

 

[Respondent]

Litigation is costly and a nuisance, especially for registrants outside the US and you are suing in the US.

Perhaps the cheapest option, is atleast offer a response to the UDRP (which is free of charge), or get a 3 panel arbitration to cancel out the nut judge on the panel.

Agreed cheapest option is to go with responding with 1 panelist. But you're taking a chance. And 3 panelists cost $4,000. Best bet is to get yourself a kick ass attorney who could give you proper guidance. And final resort, if you lose the UDRP. You could sue like these guys and you might have things go your way. In the end, it sucks and nothing is guaranteed.