Neus News
Neus News
Neu Updates:
MIRROR, MIRROR ON THE WALL, WHO’S THE FAIREST PANELIST AT WIPO?
Last week, we reported the total number of cases...
WIPO CONTESTED DENIALS ARE A BIG SURPRISE
Something very surprising has happened during the last 6...
THE FORUM 2022 REPORT CARD
In our last blog, we reported that out of...
ONE PANELIST AT THE FORUM HAS ALMOST ONE DECISION A DAY
For a number of years. this Blog has published...
6 MONTH COMPREHENSIVE WIPO REVIEW – PART 2
In Part 1 of this Comprehensive Review, we reported...
6 MONTH COMPREHENSIVE WIPO REVIEW
As I mentioned in last week’s review of the...
FORUM CASE AND PANELIST ANNUAL REPORT
The FORUM is the alternative to WIPO, but not...
WIPO CASE AND PANELISTS ANNUAL REPORT
In spite of the pandemic, or maybe because of...
BAD UDRP DECISIONS AT THE FORUM
In reviewing 77 contested cases in the last 6...
COMPARING FORUM AND WIPO DECISIONS
The two largest providers for UDRP claims are WIPO...
WIPO DECISIONS FINDING RDNH for the 6 months ended June 30, 2021
It seems that the Panelists at WIPO are finding...
WIPO GOOD DECISIONS, BAD DECISIONS AND RDNH OFFENDERS
In the first 6 months of 2021, there have...
WIPO PANELISTS SEMI-ANNUAL REPORT
With 2,050 decisions by panelists in the last 6...
OUR BIGGER AND BETTER ANNUAL UDRP REVIEW – PART 2 – FORUM
This is Part 2 of our Annual UDRP Review;...
The ADR Center of the Czech Arbitration Court (CAC) is an Effective UDRP Provider
In a very recent case before the ADR Center...
In a very recent case before the ADR Center...
OUR BIGGER AND BETTER ANNUAL UDRP REVIEW – PART 1 – WIPO
For a number of years, our readers have looked...
BRH INTERNATIONAL, INC. FOUND GUILTY OF RDNH
In the case of BRH International, Inc. v. Mira...
LEGAL BENEFITS FOR ICA MEMBERS
The ICA is introducing a Legal Benefit for its...
WE REALLY HAD OUR UDRP RESPONSE “DOWN PAT”(.COM)
When our client, domain investor, requested that we file...
FORUM FAR FROM FRIENDLY TO LEGITIMATE DOMAIN INVESTORS
Of the 59 Panelists at the FORUM who heard...
FIRST COMPREHENSIVE SEMI-ANNUAL FORUM REPORT
This is a comprehensive review of every claim decided...
AT WIPO, SOME OF THE GOOD GUYS ARE ALSO BAD GUYS
A few days ago, we published for the first...
FIRST SEMI-ANNUAL COMPREHENSIVE WIPO REPORT – Part I
The vast majority of UDRP cases are heard by...
ASTOUNDING UDRP NEWS – PART II
Last month we revealed the results of our initial...
ASTOUNDING UDRP NEWS FOR DOMAIN INVESTORS!
For a number of years, we have used this...
CYBERSQUATTERS GIVE US ALL A BAD NAME
For a number of years, I have been listing...
FORUM HAS ONLY 3 PANELISTS WHO FOUND REVERSE DOMAIN NAME HIJACKING
Last week we published our annual TOP 10 LIST...
WIPO PANELISTS SEEM TO BE SOMEWHAT MORE FRIENDLY TO DOMAIN INVESTORS
As a public service for domain investors, every 6...
CLASS ACTION LAWSUIT AGAINST ICANN MAY BE ONLY ANSWER TO FUTURE OF DOMAINS
Constantine Zournas wrote that ICANN should be sued in...
OATH, INC. A/K/A/ YAHOO! LOSES UDRP TO OUR CLIENT
OATH, INC., successor of interest to YAHOO! filed a...
WIPO FINDS RDNH IN OUR LATEST UDRP.
In a Decision handed down on August 8th, a...
DOMAIN INVESTOR SAVES SUAMUSICA.COM IN U.S. DISTRICT COURT
On July 18, 2018, WIPO Panelist Steven Maier ordered...
Jury awards $1M in Hazleton malpractice case
A Luzerne County jury on Tuesday delivered a roughly...
FORUM RECORD OF COMPLAINT DENIALS IS STILL DISMAL
In the last 6 months ONLY 2 PANELISTS have denied more...
WIPO PANELISTS SEMI-ANNUAL REPORT – THE FUTURE IS LOOKING BRIGHTER
As a public service for domain investors, every 6...
Dr. Muscle v. Michael Krell
David Bernstein, sole panelist for the FORUM on the...
WITH CERTAIN EXCEPTIONS, THE FORUM IS STILL NOT FRIENDLY TO DOMAIN INVESTORS
Last week we published our annual TOP 10 LIST...
WIPO SEMI-ANNUAL REPORT — 73 DIFFERENT PANELISTS DENY COMPLAINTS
As a public service for domain investors, every 6...
Harrison cop wins $13M in medical malpractice suit after wife’s death
JERSEY CITY — A New York jury has awarded a...
2 LEGAL PANELS TO HI-LITE MERGE! 2018
The Second annual MERGE! Conference of Conferences will be...
THE FORUM HAS RECORD NUMBER OF FINDINGS OF RDNH
Last week we published our semi-annual TOP 10 LIST...
JOHN SWINSON TKES OVER AS BEST PANELIST FOR RESPONDENTS AT WIPO
This is our semi-annual blog on the best panelists...
ICA PROPOSES ADOPTION OF UDRP REFORM POLICY PLATFORM
The Internet Commerce Association (ICA) has published its proposed...
THE NATIONAL ARBITRATION FORUM is completely biased towards Trademark Complainants
The NAF continues to provide a rather lackluster performance...
ADAM TAYLOR Continues to Lead the Pack at WIPO
Six months ago, we labeled Adam Taylor as a...
WIPO PANEL GIVES GOOD EXPLANATION ON LIMITATIONS OF UDRP LITIGATION
In a recent decision by a WIPO panel, http://Decision D2017-1782.doc...
OUR CLIENT WON A UDRP ON PRINTFACTORY.COM
Our client, AbdulBasit Makrani, succeeded in defending his registration...
NATIONAL ARBITRATION PANELS SHOW SLIGHT IMPROVEMENT
Last week we published our semi-annual TOP 10 LIST...
WIPO PANELIST IS RDNH SUPERSTAR
Our Semi-annual survey of WIPO panelists revealed a shocking...
Medical malpractice suit claims pill lodged in woman’s throat led to her death
A Moultonborough man has filed a medical malpractice suit,...
THE VAGARIES OF THE ENGLISH LANGUAGE
  I noticed recently that a number of folks...
NATIONAL ARBITRATION FORUM IS STRICTLY FOR CLAIMANTS
Last week we published our semi-annual TOP 10 LIST...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
Malpractice Suit Against Former Doctor
A woman has filed a medical malpractice lawsuit, naming...
KITCHN.COM UDRP DENIED
In a 3 person panel decision, the UDRP Claim...
NOMINATIONS FOR THE 2016 DOMAIN INDUSTRY AWARDS NOW OPEN
DOMAIN INDUSTRY AWARD Nominations for 2016 are now open....
CLAIMANT FOOLISHLY TRIES TO GET THE 2ND BITE OF THE APPLE
In a new UDRP decision handed down by a...
WIPO TREATS DOMAIN INVESTORS FAIRLY
A review of the UDRP Decisions at the World...
NATIONAL ARBITRATION FORUM IS VERY PRO TRADEMARK HOLDERS
In reviewing the decisions of panels of the NAF...
WEB.COM PROMAIL (WEBMAIL) IS CLUELESS!
I have been using Register.com’s email program titled “ProMail”...
WIPO PANEL DENIES SWISS UDRP CLAIM
A WIPO panel has denied the claim of a...
URS DEFAULT DETERMINATION
In an important case under the relatively new Uniform...
FACEBOOK SEEKS TO REVIVE CASE AGAINST LAWYERS
Facebook isn’t ready to abandon its desire to hold...
MY RECOMMENDATION FOR A GOOD BOOK TO READ
I generally read detective and spy stories and haven’t...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
GERALD LEVINE’S UDRP BOOK A “MUST” FOR ALL LITIGATORS
This is a reprint of a blog by attorney...
WIPO PANEL DENIES TURKISH UDRP CLAIM
In a decision rendered in the case of Sarten...
BEWARE OF WIPO PANELISTS CAIRNS, DONAHEY AND GIBSON
The domain investment community has been shocked by the...
THE Domain Conference sets 2016 Dates and Prices
The response to the 2015 Conference has been tremendous...
AFFIDAVIT FROM RESPONDENT WON UDRP ON BOUNZ.COM
A WIPO panel has denied the claim of a...
WIPO PANEL DENIES CLAIM FOR MANKARIOUS.COM
ADMINISTRATIVE PANEL DECISION Ramsey Mankarious v. Stanley Pace Case...
NATIONAL ARBITRATION FORUM TOP 10 PANELISTS
This is our Semi-Annual Report of those panelists who...
WIPO PANELISTS – MIDYEAR REPORT
This is our Semi-Annual Report of those panelists who...
OUR SEMI-ANNUAL REPORT ON UDRP PANELISTS
There are some new interesting developments in decisions made...
DOMAINfest is coming to South Florida!
YES, you read that correctly! We are proud to...
UDRP ON BOLTER.COM IS DENIED
Stanley Pace owns over 10,000 generic family names and...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
Once Again the WIPO Panelists Are Better Than NAF For Domainers
This is our Annual Report of those panelists who...
Google’s Gmail Blocked in China
For those of you who believe that the U.S....
Facebook Accused of Censoring Political Comment
A prominent Tibetan writer says Facebook deleted her post...
Facebook Reportedly Blocks Russian Dissident’s Page at Government Request
Reportedly at the request of the Russian government, Facebook...
North Korea Confrontation Possible Over Sony Hack Attack
A White House official said on Thursday that the...
HAPPY THANKSGIVING, BLACK FRIDAY and CYBER MONDAY from COFFEE.CLUB
At T.R.A.F.F.I.C. EAST 2014, Bill McClure made a deal...
Feds fine dating site for making fake profiles
The Federal Trade Commission has fined UK-based JDI Dating...
11 Drivers Cited So Far as Uber Defies Court Order
Nevada drivers with the ridesharing company Uber are picking...
Facebook Sues Lawyers of Discredited “Co-Founder” Paul Ceglia
Facebook and CEO Mark Zuckerberg sued a handful of...
Twitter sues U.S. government over limits on disclosure of surveillance orders
Twitter has sued the U.S. government, alleging that the...
T.R.A.F.F.I.C. AWARDS BALLOTS GO OUT TOMORROW
On Tuesday, September 16th, ballots for the 10th Anniversary...
California Bars Online Retailers From Fining For Posting Negative Reviews
In response to online retailers threatening their customers with...
WIPO PANELIST ADMONISHES LAW FIRM FOR BRINGING COMPLAINT IN BAD FAITH
In the case of Clearwater Systems, Inc. v. Glenn...
DO WE NEED A DOMAIN NAME ASSOCIATION?
My good friend Michael Gilmour blogs under the name...
Twitter Reviews Policies After Robin Williams’s Daughter Abused
Twitter is reviewing its policies on privacy and support...
National Arbitration Forum is not Friendly to Domainers
This is our 6 month recap on NAF decisions...
Here is our semi-annual listing of the “Good Guys” from WIPO
Here is our semi-annual report of those panelists who...
U.S. Supreme Court to Decide if FACEBOOK Threats Are Real
The Supreme Court has agreed to hear an important...
China calls for ‘severe punishment’ for Google, Apple, U.S. tech firms
Chinese state media lashed out at Google Inc, Apple...
Egypt Exhibits Yet Another Example Of Government Interference on the Internet
Egypt’s police force is seeking to build a surveillance...
New lawsuit accuses Google of AdSense fraud
A lawsuit filed Tuesday against Google accuses the tech...
CALIFORNIA v. NSA – WHO WINS?
The federal government would need a warrant from a...
People have a right to be forgotten on the Internet
People can ask Google to delete sensitive information from...
Russia Quietly Tightens Reins on Web With ‘Bloggers Law’
Russia has taken another major step toward restricting its...
IRAN REVEALS ITS ANTI-SEMITISM BY BANNING WHATSAPP
Iran’s censor is reportedly banning WhatsApp, the popular messaging...
INTERNET FREEDOM CALL TO ACTION
MICHAEL CASTELLO, a very well-known name in the domain...
GOOGLE IS THE 2ND LARGEST LOBBYIST IN THE U.S.
In May, 2012, the law school at George Mason...
No More “BIG BANG THEORY” In China
Four U.S. television shows, including “The Big Bang Theory”...
Authoritarians accept Obama’s invitation to take Internet control.
The Obama administration still doesn’t seem to understand the...
FACEBOOK Tells businesses if they want folks to see their posts – pay up!
Over the past several months, Facebook has been reducing...
China is Cracking Down on Internet News and Porn
China has unfurled a vigorous new campaign to “clean...
Obama Administration Backpedals on Giving up ICANN Oversight
Less than a month after announcing its plan to...
Obama Administration Backs Down from giving away ICANN Oversight
Less than a month after announcing its plan to...
Congressman Todd Rokita and Colleagues Seek Review of Obama Plan to Relinquish U.S. Oversight of the Internet
Representatives Todd Rokita, John Shimkus (IL-15), and Marsha Blackburn...
Bill Clinton Would Prefer U.S. Oversight of the Internet
Count former President Bill Clinton among those who are...
DOMAINERS BEWARE! The new URS – PART IV – APPELLATE PROCESS
This is Part 4 of our series of articles...
DOMAINERS BEWARE! The new URS – PART III
This is the Third Part of a Series on...
Facebook Claimant Ceglia Loses Bid to Dismiss Fraud Case
Back in 2011, I published an article about Paul...
DOMAINERS BEWARE! The new URS – PART II
Last week we wrote Part I of a series...
Judge Orders Domainer to Pay Trump $32,000 in Damages
A Brooklyn man who registered domain names related to...
DOMAINERS BEWARE! The new gTLD extensions are all subject to the new URS. How will that effect you?
The URS (Uniform Rapid Suspension System) is intended to...
Top Websites Refuse to Accept Marijuana Ads
Stores can sell marijuana in Colorado and Washington but...
Jailed Alabama Blogger’s Case Tests First Amendment
For over six years, Roger Shuler has hounded figures...
Facebook User Sues Over Falsified ‘Likes’ Endorsements
Just weeks after Facebook was sued for allegedly intercepting...
Time for the NAF 2013 TOP TEN
As everyone knows, there are two major arbitration bodies...
Time for the WIPO 2013 TOP TEN
The year 2013 brought about a big change in...
And Another One Bites the Dust
The year 2013 ends with good news for my...
GOOGLE, FACEBOOK, YAHOO! Beefing up Codes to Deter NSA
Leave it to private enterprise to stick it to...
Homeland Security must disclose cell network ‘kill switch’ protocols Court Rules
Homeland Security’s ability to shut down cellular and wireless...
WIPO Panelist Provides Comprehensive Analysis of Reverse Domain Name Hijacking
Panelist Tony Willoughby has provided the most complete analysis...
This is Why Domain Investors Need the Internet Commerce Association
I recently received an email from Nat Cohen that...
WIPO Panelists Want to Change “Bad Faith” Standard to Favor Complainants
I generally do not repeat articles from other blogs...
Having Disclaimer Wins UDRP
A National Arbitration Forum panel has denied the claim...
Anonymous comments could suffer under European Court of Human Rights ruling
The European Court of Human Rights (ECHR) has issued...
Mugged by a Mug Shot Online
The ostensible point of sites like Mugshots, BustedMugshots and...
NSA Using Data to Graph Social Connections
Since 2010, the National Security Agency has been exploiting...
T.R.A.F.F.I.C. EAST 2013 ATTRACTS gTLD APPLICANTS
In Less than 4 weeks the Domain Industry will...
Users Sue LinkedIn Over Harvesting of E-Mail
Four LinkedIn users have filed a lawsuit accusing the...
Facebook ‘Like’ Is Protected Speech, Appeals Court Says
Using Facebook Inc.’s “Like” feature to show support for...
Judge Limits Search Warrants for Emails
Can law enforcement obtain a search warrant to dig...
NAF Finds Reverse Domain Name Hijacking of Consuela.com
In a new National Arbitration forum Decision in Consuela,...
GIVE THE GOVERNMENT AN INCH AND IT TAKES A MILE
The U.S. government has demanded that major Internet companies...
CONGRESS IS NOT INTERESTED IN PROTECTING OUR RIGHTS TO PRIVACY
A deeply divided House defeated legislation Wednesday that would...
Twitter surrenders anti-Semitic tweet info to France
Twitter has finally released data on anti-Semitic tweets to...
HERE ARE THE NAF PANELISTS THAT DENY CLAIMS
Here is our 6 month review of Panelists who...
Here is the List of the Best WIPO Panelists for Domainer Respondents
Here is our semi-annual report of those panelists who...
FDA shuts down 1,677 online pharmacies
The prices may look tempting, but ordering from an...
Secret Court Ruling Puts YAHOO! in a Bind
In a secret court in Washington, Yahoo’s top lawyers...
Big 3 Internet Companies Want to Disclose Security Requests
Three of the largest Internet companies called on the...
NSA, FBI Tapping Into Servers of U.S. Internet Companies
George Orwell’s vision of the future in the 1930’s,...
GOOGLE beats FACEBOOK in Popularity
GOOGLE beat out rivals APPLE and FACEBOOK when it...
The Internet Revolution: What Should We Expect
The Internet revolution is in full swing. Changes are...
Google faces new federal antitrust probe
U.S. regulators are in the early stages of an...
WILL TUMBLR HELP YAHOO!?
YAHOO! has concluded that TUMBLR, the social blogging service,...
Facebook Tells Appellate Court to ‘Like’ Decision
Facebook’s “Like” feature is vital to 500 million people...
Senate Passes Bill to Collect Sales Tax on the Web
A bipartisan coalition in the Senate easily passed legislation...
ALL WEB SALES SOON TO BE TAXABLE
Late Thursday afternoon, in a 63-to-30 procedural vote, the...
MICHAEL GILMOUR TALKS ABOUT T.R.A.F.F.I.C.
Well known Blogger of Whizbangsblog.com and owner of one...
The IRS doesn’t believe it needs a search warrant to read your e-mail.
I previously wrote that the FBI is being sued...
NEW BENCHMARK IN REVERSE DOMAIN NAME HIJACKING
A National Arbitration forum Panelist, Paul M. DeCicco, has...
Google fights FBI’s warrantless National Security Letters
GOOGLE is the first major company to openly challenge...
My domains have been “Frozen”
My Guest blogger, Mark Hershiser has posted this blog>...
NEUSNEWS.COM HAS A NEU LOOK FOR OUR 3RD ANNIVERSARY
Thanks to Danny Pryor and his company Rodan Media...
AMAZON’S QUEST FOR NEW GTLDS DRAWS OPPOSITION
Two publishing industry groups, the Authors Guild and the...
ANDREW ETEMADI, FOUNDER AND CTO OF EYEMAGINE, FOUND GUILTY OF RDNH
“ finding of is warranted if the Complainant...
ATTORNEY BERRYHILL GETS NAF PANEL TO RULE REVERSE DOMAIN NAME HIJACKING
The National Arbitration Forum panels are beginning to catch...
NAF SETS NEW PRECEDENT IN DENYING A COMPLAINT SOLELY ON THE BASIS OF LACHES
In the case of Laminex, Inc. v. Yan Smith,...
ONLY 2 NATIONAL ARBITRATION FORUM PANELS FOUND REVERSE DOMAIN HIJACKING IN THE LAST 6 MONTHS
Though WIPO panels found a number of Reverse domain...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every six months we bring you an update on...
RUSSIAN COALITION WITHDRAWS INTERNET PLAN
If you read my blog yesterday, you saw that...
INTERNET GOVERNANCE TALKS IN JEOPARDY
A 12-day conference of the International Telecommunications Union, taking...
OBAMA SIGNS SAFE WEB ACT INTO LAW
The new law expands the FTC’s powers so it...
INTERNET REGULATION TO DOMINATE GLOBAL SUMMIT
An unprecedented debate over how the global Internet is...
A NEW WEB SITE IS NOW UP WHICH WILL PROVIDE ONE-STOP SHOPPING FOR ALL OF YOUR INTERNET LEGAL NEEDS
Howard Neu, “the Internet Lawyer” and co-founder of the...
CREEPING INTERNET CENSORSHIP HITS AGAIN – THIS TIME IT IS THE UNITED ARAB EMIRATES
Government crackdowns on Internet dissidents and bloggers in the...
GOOGLE BLOCKED IN CHINA AS COMMUNIST PARTY CONGRESS BEGINS
The company said it was not having any technical...
ELECTION OFFICIALS OVERWHELMED BY E-MAIL VOTING
Governments strained to allow voters to participate in the...
DONUTS’ GRAB FOR DOMAINS RAISES FEARS OF CYBERSQUATTING
Donuts.co, backed by more than $100 million in venture...
NEUSNEWS.COM IS ONCE AGAIN UP AND RUNNING
Here are some edited down versions of NeusNews.com Blog...
CHINA BLOCKS ACCESS TO NEW YORK TIMES WEBSITE
As President Ronald Reagan used to say, “There they...
IS ICANN ABOUT TO GET A MAJOR COMPETITOR?
The Internet Governance Forum’s annual meeting provides an opportunity...
D O J REVIEWING VERISIGN DOTCOM CONTRACT WITH ICANN
Verisign said late last week in releasing its latest...
FACEBOOK FACES ANTI-TRUST LAW SUIT
Gambit is the leading virtual currency and payment- processing...
GOOGLE V. FRANCE – WHO WILL WIN THIS BATTLE?
Google has warned it would exclude French media sites...
THE URS IS COMING – BUT WHO WILL ENFORCE IT?
ICANN envisioned the URS (Uniform Rapid Suspension) procedures as...
WHICH COUNTRIES CENSOR THE INTERNET THE MOST?
Recently, Freedom House, an independent watchdog organization, published “Freedom...
JUDGE ORDERS ARREST OF BRAZIL GOOGLE PRESIDENT
A Brazilian judge ordered the arrest of the head...
FBI RENEWS REQUEST FOR NEW INTERNET SURVEILLANCE LAWS
“Companies should be required to build in back doors...
GOOGLE REJECTS OBAMA REQUEST TO PULL MUSLIM FILM CLIP
The Internet company said it was censoring the video...
ANOTHER ASIAN COUNTRY CRACKS DOWN ON FREE SPEECH ON THE INTERNET- AND IT IS STILL NOT CHINA
The Indian government said in a statement it had...
AN ASIAN GOVERNMENT IS CRACKING DOWN ON INTERNET FREEDOM, AND IT ISN’T CHINA
In South Korea — A government critic who called...
GOOGLE TO PAY RECORD FINE OVER SAFARI PRIVACY VIOLATION
Google has agreed to pay a record settlement over...
CONGRESS RAISES NEW CONCERNS ABOUT NEW gTLDs
Congressmen are saying they want fresh assurances that the...
GOOGLE SHOULD PAY $750 A BOOK, AUTHORS SAY In E-BOOK SUIT
Google is being sued over its plan, announced in...
CONGRESS RESISTS CONTROL OF INTERNET PASSING TO U.N. AGENCY
At present several non-profit US bodies oversee the net’s...
ARE AFFILIATE NETWORKS REALLY VIABLE IN THE LONG-TERM?
One of my arguments against the long-term viability of...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT THE NATIONAL ARBITRATION FORUM?
Every 6 months, we bring you up-to-date on the...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every 6 months, we bring you up-to-date on the...
GOOGLE IN DEAL WITH FRENCH GROUPS OVER ‘JEW’ SUGGESTION
GOOGLE’s motto is “Do no evil”, but it certainly...
TEXAS ATTORNEY GENERAL ACCUSES GOOGLE OF WITHHOLDING EVIDENCE
The allegations surfaced in a court filing earlier this...
HOUSE COMMITTEE VOTES TO PREVENT U.N. INTERNET REGULATION
Rep. Mary Bono Mack, R-Calif., championed the resolution, which...
SAVEME.COM WINS REVERSE DOMAIN HIJACKING DECISION AT WIPO
I have the distinct privilege of calling Rick Schwartz...
LAWMAKERS BLAST U.N. “POWER GRAB” FOR THE INTERNET
The U.S. government wants to bring as much ammunition...
FIGHT FOR THE FUTURE IS FORMING THE INTERNET DEFENSE LEAGUE
“The Internet Blackout was just the beginning,” the league...
NEW YORK PROPOSES BAN ON ANONYMOUS POSTS
A resulting bill, known as the Internet Protection Act...
THE CONSTITUTION PROJECT AND OTHER GROUPS CALL SENATE CYBERSECURITY BILLS ‘FUNDAMENTALLY FLAWED
After blasting a controversial House cybersecurity information-sharing bill, then...
FACEBOOK CO-FOUNDER EDUARDO SAVERIN GIVES UP U.S. CITIZENSHIP
Facebook plans to raise as much as $11.8 billion...
THERE IS SOMETHING DRASTICALLY WRONG WITH ICANN
I met with a United States Congressman today who...
T.R.A.F.F.I.C. ANNOUNCES CINCO DE MAYO SALE FOR SPONSORS
T.R.A.F.F.I.C. is presenting a unique opportunity for Sponsors and...
FEDERAL TRADE COMMISSION GETS OUTSIDE COUNSEL IN GOOGLE INVESTIGATION
The FTC is examining Google’s immensely powerful and lucrative...
HOUSE OF REPRESENTATIVES PASSES CISPA
The House of Representatives passed on Thursday a controversial...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART X
The latest chapter in Government takeover of Cyberspace Freedom...
BIG BROTHER BILL “CISPA” GAINS OPPOSITION
Last-minute opposition to the CISPA, which has been criticized...
EX-LOVER PUNISHED FOR FACEBOOK REVENGE
A jilted boyfriend who put nude pictures of his...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IX
Rumors that Iran plans to ‘shut down the internet’...
CONGRATULATIONS TO RICK SCHWARTZ ON HIS BLOG’S 5TH ANNIVERSARY
It seems like a century ago when I first...
ZYNGA IN TALKS WITH WYNN RESORTS FOR ONLINE-GAMBLING DEAL
Eager to marry the popularity of social gaming with...
FACEBOOK RELEASES ZUCKERBERG’S HARVARD DAYS EMAILS
For the first time, Facebook released a trove of...
PAYPAL SPARKS FUROR OVER LIMITS ON “OBSCENE” E-BOOKS
PayPal sent an email on Feb 18 to Mark...
CIVIL LIBERTARIANS SLAM McCAIN CYBERSECURITY BILL
“This is a privacy nightmare that will eventually result...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VIII
About a dozen Internet providers had since Saturday blocked...
WEB PRIVACY GUARANTY? CRITICS REMAIN SKEPTICAL
The White House has proposed ab online privacy “BILL...
F.T.C. TELLS EPIC TO MIND ITS OWN BUSINESS ABOUT GOOGLE
Last year, Google signed a consent decree with the...
MICROSOFT ACCUSES GOOGLE OF BYPASSING INTERNET EXPLORER PRIVACY SETTINGS
“When the IE team heard that Google had bypassed...
GOOGLE’S IPHONE TRACKING GETS COMPLAINTS
The companies have been using special computer code that...
EPIC FILES SUIT AGAINST GOOGLE ON PRIVACY CHANGES
Google’s plan to streamline privacy settings for some 60...
E.U. WANTS GOOGLE TO DELAY PRIVACY POLICY CHANGES
The move is a shot across the bow for...
LAWMAKER WANTS PROBE OF GOOGLE’S PRIVACY CHANGES
In a separate statement, Markey plans to ask the...
EUROPE WEIGHS TOUGH LAW ON ONLINE PRIVACY
The proposed data protection regulation from the European Commission,...
WIPO UPDATE III — WHO IS IN YOUR CORNER THIS TIME?
Last week we published the results of our survey...
WAS 2011 A GOOD YEAR FOR YOU?
A year ago, I was diagnosed with prostate cancer....
CONSTRUCTION COMPANY LOSES UDRP TO ATTORNEYS FOR MILITARY CLAIMANTS IN SEPARATE LAWSUIT
In a case filed with the National Arbitration Forum,...
NAF UPDATE III – WHO IS IN YOUR CORNER?
During the past 6 months, there have been a...
SENATORS CALL FOR FTC PROBE OF GOOGLE
Committee Chairman Herb Kohl (D-Wis.) and Mike Lee (R-Utah)...
GRIPE SITE PISSEDCONSUMER.COM WINS ROUND IN LAWSUIT
The companies — software developer Ascentive and mattress manufacturer...
US IMMIGRATION SERVICES BLASTED FOR DOMAIN SEIZURES
Since its launch in June 2010, the initiative, spearheaded...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VII
Opening a two-day conference on digital freedom sponsored by...
SENATORS WARN ICANN TO TREAD CAREFULLY WITH NEW gTLDS
Kurt Pritz,a senior vice president at ICANN, said the...
BIPARTISAN LAWMAKERS OFFER ALTERNATIVE PROPOSAL TO ONLINE PIRACY BILLS
A bipartisan group of House and Senate lawmakers released...
PATIENT SUES DENTIST WHO CHARGED HIM FOR BAD REVIEWS
Robert Lee was compelled to sign a privacy agreement...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VI
Opponents of the PCIPA say that it is not...
THE TIDE SEEMS TO HAVE TURNED AGAINST THE STOP ONLINE PIRACY ACT
“Need to find a better solution than #SOPA #DontBreakTheInternet,”...
LEGO LOSES UDRP ON LEGOWORKSHOP.COM
In a WIPO action decided on October 1st, the...
GOOGLE CEO SCHMIDT TELLS U.S. SENATE THAT GOOGLE DOESN’T DOMINATE SEARCH
“Google has many strong competitors,” Schmidt said in answers...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART V
Foreign Secretary William Hague said the fact that criminals...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IV
Controversy over a new copyright bill continues to grow...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART III
The United States and other democracies around the world...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART II
This is the second in a series of blogs...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM
On August 6, 1991, a little over 20 years...
IPADS MAY ELIMINATE FREE HOTEL WI-FI
If, like me, you have been complaining about unusually...
T.R.A.F.F.I.C. AND ZENSCROW.COM TEAM UP TO OFFER SELLERS “2ND BITE”
T.R.A.F.F.I.C. has partnered with Zenscrow.com to offer bidders guaranteed...
EUROPE PLANS CHARTER TO SAFEGUARD INTERNET USER
Internet activists say governments ranging from Egypt to Pakistan...
PREMIUM CATEGORY KILLER DOMAIN HEADLINES T.R.A.F.F.I.C. LIVE AUCTION
Fort Lauderdale, FL and Six Nations of the Grand...
GOOGLE RIVALS TO TESTIFY IN ANTITRUST ASSAULT IN D.C.
In a preview of today’s Senate antitrust hearing on...
APPLE CUTS -JEW OR NOT JEW APP- FROM FRENCH APP STORE
Anti-Semitism is still alive and kicking in Europe and...
U.S. GRAND JURY CONDUCTS CRIMINAL PROBE OF EBAY EMPLOYEES
The two companies have been feuding for years in...
CAROL BARTZ: YAHOO “F—ED ME OVER”
Last evening, barely 24 hours after Yahoo chairman Roy...
DDOS ATTACK ON FELLOW DOMAIN BLOGGER FROM FRAUD EXPOSE
Hi all, Some of you may or may not...
CEO’s OUSTER THROWS YAHOO’S FUTURE INTO UNCERTAINTY
The move had analysts and bloggers buzzing over the...
STARWOOD HOTELS CAN’T WIN UDRP FOR USE OF “W” OR “FOUR POINTS”
In a WIPO case decided July 25th by sole...
FALSE ADVERTISING SUIT CAN PROCEED AGAINST GROUPON
A U.S. judge said parts of a false advertising...
ICANN DEPARTURES AFTER NEW TLD VOTE DRAW CRITICISM
Four days after Dengate Thrush finished his term as...
WIPO PANEL DENIES CLAIM EVEN THOUGH DOMAIN IS USED IN “BAD FAITH”
In a case decided August 2nd by Sole Panelist,...
FACEBOOK SAYS CEGLIA CONTRACT DOESN’T MENTION FACEBOOK
Facebook Inc. says it’s discovered the “authentic contract” signed...
BUSINESSES IN U.S. COMPLAIN OF .XXX SHAKEDOWN
Lawyers for the most storied brands in the United...
ARE WE DROWNING IN LIQUIDITY?
Drowning In Liquidity? Here’s a term I’ve heard for...
MOST ADULT INTERNET USERS USE EMAIL AND SEARCH -HOW ABOUT YOU?
While increasing numbers of savvy Internet users may Tweet...
FACEBOOK CALLS EVIDENCE ‘SMOKING GUN’ IN CEGLIA CASE
Facebook Inc. said its inspection of computers turned over...
WIPO COMPLAINT BROUGHT BY LAW FIRM FOUND ABUSIVE; COMPLAINANT IS GUILTY OF RDNH
Sole Panelist, Tony Willoughby, gives a well-thought-out explanation of...
JUDGE TOSSES OUT WINKLEVOSS TWINS V. FACEBOOK CASE
A federal judge in Boston has handed Cameron and...
JOHN BERRYHILL BEATS HOLY MOTHER IN UDRP CASE
In a WIPO case decided on June 22nd, 2...
UDRP PANEL SAYS THAT FREE SPEECH IS NOT JUST A U.S. CONCEPT
In the recent WIPO case of Nippon Paper Industries...
UDRP CLAIM DENIED THOUGH NO RESPONSE WAS FILED
In a new case decided on June 30th at...
A GEO COMMON LAW TRADEMARK REQUIRES SPECIFIC PROOF IN NEW UDRP CASE
In a case decided on June 30th, by Carolyn...
GRANDMA SUED BY PORN MOVIE STUDIO
The Palm Beach County grandmother whose 14-year-old grandson set...
A COMPANY NAME DOES NOT GIVE RISE TO A COMMON LAW TRADEMARK
Just because a company has used its name to...
WHEN DOES A PARKED DOMAIN NAME TRUMP A PRE-REGISTERED TRADEMARK?
A recent case at the National Arbitration Forum was...
SOMETIMES YOU MAY NOT HAVE TO RESPOND TO A UDRP COMPLAINT, IF YOU THAT YOU’RE RIGHT
No response was filed by the Domain Registrant of...
THE GOURMET DEPOT LOSES UDRP WITH COMMON LAW TRADEMARK
In the recent NAF case of The Gourmet Depot...
WINKLEVOSS UPDATE – TWINS TO FILE ANOTHER SUIT AGAINST FACEBOOK
In a status report filed on Thursday with the...
THINGS THAT REALLY BUG ME – PART 1
Everybody needs an outlet to let others know what...
PARKING PAGE VS. SALE PAGE- WHICH ONE IS BETTER?
I want to start out by thanking everyone for...
WELCOME TO MY BLOG
When Ray acquired HowardNeu.com and along with one of...

Rick Schwartz to Make Poster Boys of the Chavez Brothers for Hijacking Domains 

  • Jun 16, 2012
  • Howard Neu
  • Comments Off on SAVEME.COM WINS REVERSE DOMAIN HIJACKING DECISION AT WIPO
  • Legal
  • 8097 Views

June 16th, 2012
SAVEME.COM WINS REVERSE DOMAIN HIJACKING DECISION AT WIPO

I have the distinct privilege of calling Rick Schwartz my partner, and more importantly, my friend. We have been through a lot of legal mumbo-jumbo before on UDRP cases, most of which we won. But the SaveMe.com case was a landmark decision that I hope will be followed by other panels at both WIPO and NAF.

Though under UDRP there is no such thing as STARE DECISUS, where one case sets the precedent that MUST be followed by future cases with the same or similar facts, I truly believe that this decision will be cited frequently by Domain Investors who have been wrongfully attacked by ersatz trademark Complainants who use the arbitration process to STEAL domain names from their rightful owners.

Here is the decision:

The Complainant relies, first, on a pending trade mark application in Brazil.

Paragraph 4(a)(i) of the Policy requires a complainant to establish the existence of a trade mark or service mark in which the complainant has rights.

The Complainant argues that, once a Brazilian trade mark application has been filed, the applicant has a right under Brazilian law to “protect a trade mark’s reputation”. The Complainant invokes Article 130 of the Brazilian Industrial Property Act (Statute no. 9.279), which states: “To the trade mark owner or the depositor is also guaranteed the right to … (III) ensure its material integrity or reputation.”

However, the member of this Panel who is qualified to practice law in Brazil observes that, according to Article 129 of the Brazilian Industrial Property Act (Statute No. 9.279/96), ownership of a trade mark is acquired by a registration validly granted. While Article 130(III) does guarantee the right to trade mark applicants to safeguard its “material integrity or reputation”, this does not warrant its exclusive use throughout national territory, which can only be achieved by means of the proper registration.

Accordingly, the Panel declines to find that the Complainant’s Brazilian trade mark application of itself is sufficient to generate trade mark rights under the Policy.

The Complainant also relies on unregistered trade mark rights in the term “Save Me”.

Paragraph 1.7 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition (“WIPO Overview 2.0”) sets out the consensus view as to what a complainant needs to show in order to successfully assert unregistered trade mark rights:

“The complainant must show that the name has become a distinctive identifier associated with the complainant or its goods or services. Relevant evidence of such “secondary meaning” includes length and amount of sales under the trademark, the nature and extent of advertising, consumer surveys and media recognition… For a number of reasons, including the nature of the Internet, the availability of trademark-like protection under passing-off laws, and considerations of parity, unregistered rights can arise for the purposes of the UDRP even when the complainant is based in a civil law jurisdiction. However, a conclusory allegation of common law or unregistered rights (even if undisputed) would not normally suffice; specific assertions of relevant use of the claimed mark supported by evidence as appropriate would be required. Some panels have also noted that in cases involving claimed common law or unregistered trademarks that are comprised of descriptive or dictionary words, and therefore not inherently distinctive, there may be a greater onus on the complainant to present compelling evidence of secondary meaning or distinctiveness. Some panels have noted that the more obvious the viability of a complainant’s claim to common law or unregistered trademark rights, the less onus there tends to be on that complainant to present the panel with extensive supporting evidence. However, unless such status is objectively clear, panels will be unlikely to take bald claims of trademark fame for granted.”

Here, the claimed unregistered trade mark consists of descriptive words and is not inherently distinctive. It therefore falls into that category of cases where there is a greater onus on a complainant to present compelling evidence of secondary meaning or distinctiveness. Yet the Complainant supplies little evidence in support of its claims as to unregistered rights.

Apart from printouts of the Complainant’s website at “www.saveme.com.br” and proof of ownership of “saveme” country code top-level domains in other Latin American countries, none of which cast much light on the extent of recognition of its name, there is only a January 2012 Alexa.com printout showing that the Complainant’s site has a traffic rank of 4,275 worldwide and 103 in Brazil.

While, on the face of it, these do appear to be high rankings indicative of substantial traffic volume, one cannot be sure as this is a purely comparative measure. The Complainant asserts that its “Save Me” service has achieved “wide prestige” amongst Brazilian Internet users “with some hundreds of thousands of monthly visits”. It would surely have been a straightforward matter for the Complainant to produce website analytics screenshots backing up this claim, yet it has not done so. Nor is there any other information of the kind one might expect to see in support of a claim as to unregistered rights – such as proof of revenue, sales figures, advertisements and media coverage generated by reference to the name “Save Me”.

In the Panel’s view, the few documents provided by the Complainant fall short of the “compelling” evidence required to establish rights in the descriptive name at issue in this case.

The Panel therefore finds that the Complainant has not established the first element of paragraph 4(a) of the Policy. Even had the Complainant succeeded under this head, however, it would in any case have failed for the reasons stated below.

B. Rights or Legitimate Interests

The Panel does not propose to address this aspect in view of its findings in relation to “bad faith” below.

C. Registered and Used in Bad Faith

There is a fatal flaw in the Complainant’s case, namely that the Respondent registered the disputed domain name in 1996, some 14 years before the Complainant started trading in 2010, and could not therefore have registered the disputed domain name in bad faith.

Paragraph 4(a)(iii) of the Policy requires the Complainant to establish that the disputed domain name has been registered and is being used in bad faith.

The Complainant invokes various uses by the Respondent of the website at the disputed domain name since 2010 including for pornography and for pay-per-click links allegedly designed to capitalise on the Complainant’s reputation. However, there is no need for the Panel to address any of these issues because, even if the Complainant establishes that the Respondent later used the disputed domain name in bad faith, and no matter how reprehensible such activities might be (as to which the Panel expresses no view), the Respondent still cannot show that the disputed domain name was registered in bad faith.

Paragraph 3.1 of WIPO Overview 2.0 states the following consensus view:

“Generally speaking, although a trademark can form a basis for a UDRP action under the first element irrespective of its date …, when a domain name is registered by the respondent before the complainant’s relied-upon trademark right is shown to have been first established (whether on a registered or unregistered basis), the registration of the domain name would not have been in bad faith because the registrant could not have contemplated the complainant’s then non-existent right.”

It is true that the consensus view that the Policy requires bad faith at the time of registration of the domain name has been challenged in some recent UDRP decisions, including City Views Limited v. Moniker Privacy Services / Xander, Jeduyu, ALGEBRALIVE; WIPO Case No. D2009-0643 (“Mummygold”) and Octogen Pharmacal Company, Inc. v. Domains By Proxy, Inc. / Rich Sanders and Octogen e-Solutions, WIPO Case No. D2009-0786 (“Octogen”).

The Complainant relies on Octogen and also quotes the following from Paragraph 3.1 of WIPO Overview 2.0:

“Irrespective of whether the domain name was registered before the relevant trademark was registered or acquired, a small number of panels have begun to consider the effect of the requirement of paragraph 2 of the UDRP, which states: “By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that . . . (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.” Some panels have regarded this as a warranty at the time of registration that the domain name will not be used in bad faith, finding that, by breaching such warranty, use in bad faith may render the registration in bad faith. Other panels have looked at the totality of the circumstances in assessing “registration and use in bad faith,” as a unitary concept, given that some of the circumstances listed as evidence of bad faith registration and use in paragraph 4(b) of the UDRP appear to discuss only use and not registration.”

The Complainant omits the final two sentences from this paragraph, which state:

“Still other panels that have considered these approaches have instead reaffirmed the “literal” interpretation of bad faith registration and bad faith use regardless of paragraphs 2 or 4(b) of the UDRP. This is a developing area of UDRP jurisprudence.”

In Mile, Inc. v. Michael Burg, WIPO Case No D2010-2011 (“Mile”), the panel observed that “[T]he consensus view since the Policy was implemented in 1999 has been that the conjunctive “and” indicates that there must be bad faith both at the time of registration and subsequently”.

In the Mile case, the panel considered numerous decisions rendered after the Mummygold/Octogen cases and concluded as follows:
“If a consensus developed that a line of prior decisions had reached the wrong result, and if panels generally adopted a new approach on an issue, this Panel also would be open to considering whether a new approach was appropriate, both substantively under the Policy and in order to promote consistency. However, the Mummygold/Octogen reasoning has not prompted any such consensus; to the contrary, a number of decisions have expressly considered and rejected it. See, e.g., Validas, supra; Eastman Sporto, supra; Torus Insurance Holdings Limited v. Torus Computer Resources, WIPO Case No. D2009-1455; Camon S.p.A. v. Intelli-Pet, LLC; WIPO Case No. D2009-1716; Tata Communications International Pte Ltd (f/k/a VSNL International Pte Ltd) v. Portmedia Inc. / TRUEROOTS.COM c/o Nameview Inc. Whois; WIPO Case No. D2010-0217 (majority opinion); Burn World-Wide, Ltd. d/b/a BGT Partners v. Banta Global Turnkey Ltd; WIPO Case No. D2010-0470; A. Nattermann & Cie. GmbH and Sanofi-aventis v. Watson Pharmaceuticals, Inc.; WIPO Case No. D2010-0800 (majority opinion). The fact that so many panelists have declined to follow the Mummygold/Octogen approach argues against an emerging consensus to overturn a long-established doctrine and provides yet another reason for this Panel to decline to adopt the Mummygold/Octogen reasoning.”

This Panel respectfully adds its voice to those who decline to follow the Mummygold/Octogen approach and sees no reason to depart from the long-held and consistent view of UDRP panels (with the concomitant benefit of clarity and certainty for parties to UDRP cases) that paragraph 4(a)(iii) means what it appears to say, namely that the conjunctive “and” indicates that there must be bad faith both at the time of registration and subsequently.

The Panel therefore finds that the Complainant has failed to establish the third element of paragraph 4(a) of the Policy.

Accordingly, there is no need for the Panel to consider the other issues raised by the Complainant concerning bad faith including the alleged pattern of UDRP bad faith findings against Mr. Schwarz and also the price sought by the Respondent to sell the disputed domain name following the Complainant’s approach. None of this can retrospectively alter the lack of bad faith at the time of registration of the disputed domain name. The Complainant’s remedy, if there is one, arising from its many grievances against the Respondent must lie in the courts.

D. Reverse Domain Name Hijacking

Paragraph 15(e) of the Rules provides that “if after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking …. the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.” Reverse Domain Name Hijacking (“RDNH”) is defined in paragraph 1 of the Rules as “using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

A number of UDRP cases have considered the principles of RDNH. For example, the panel in Yell Limited v. Ultimate Search, WIPO Case No. D2005-0091 noted that whether a complainant should have appreciated at the outset that its complaint could not succeed will often be an important consideration.

In Prime Pictures LLC v. DigiMedia.com L.P., WIPO Case No. D2010-1877, the panel made a finding of RDNH in circumstances where, as here, the complaint failed because the relevant rights post-dated the domain name in issue. The panel considered it unlikely that the deficiency was overlooked by the complainant’s counsel and, more probably, that it was deliberately ignored in framing the Complaint.

In this case, the Panel is satisfied that the Complainant’s representatives were well aware of the importance of the chronological issue. The Complainant’s representatives are evidently familiar with the UDRP and both the Complaint and Amended Complaint make extensive reference to previous UDRP decisions. Yet the version of the Complaint originally filed simply ignored the issue of registration in bad faith, labelling the third factor as “Bad Faith In the Domain Name Use”. This must have involved deleting the reference to registration in bad faith from WIPO’s complaint template. After the Centre drew attention to this deficiency, the Complainant filed the Amended Complaint which belatedly addressed the issue of bad faith registration and, for the first time, invoked Octogen, seemingly as an afterthought.

Furthermore, the Complainant even predicted in the Amended Complaint that the Respondent would make an allegation of RDNH and so the Complainant clearly knew that it was skating on very thin ice.

The Complainant argued that RDNH cannot arise because the Complainant has merely sought cancellation of the disputed domain name, not transfer. The Panel disagrees. First, complainants should not be allowed to file cases known to be fatally flawed without the possibility of a finding of RDNH against them, by simply fine tuning the remedy sought. Second, as mentioned above, RDNH is defined as use of the Policy in bad faith “to attempt to deprive” a registrant of a domain name. If the Panel had ordered cancellation, the disputed domain name would in due course return to the domain pool where it would no doubt be subject to the attentions of the Complainant and others, with only a possibility that the Respondent itself might ultimately re-register it (assuming the Respondent sought to do so). Accordingly, the Complainant’s request for cancellation is no less an attempt to deprive the Respondent of the disputed domain name than a request for transfer would have been.

For the above reasons, the Panel finds that there has been RDNH in this case.
7. Decision

For all the foregoing reasons, the Complaint is denied and the Panel declares that it was brought in bad faith and constitutes an abuse of this proceeding.”

I wish to personally thank the following panelists who saw through the chicanery and provided a thorough analysis of what was really taking place here

Adam Taylor
Presiding Panelist

Rodrigo Azevedo
Panelist

The Hon Neil Brown Q.C.
Panelist

Thanks for “listening”

Howard

 

Comments are closed.