On July 18, 2018, WIPO Panelist Steven Maier ordered the transfer of SUAMUSICA.COM to the Complainant, Ambi Servicos de Internet Ltda, a Brazilian Company, even though the Complainant did not have a trademark for the name. Case No. D2018-1026. Domain investor Stanley Pace, who has registered a number of Spanish and Portuguese domain names was not going to take this erroneous ruling lying down. So, the Law Offices of Howard Neu and Newman Duwors filed a law suit in U.S. District Court for the Western District of Washington to keep the domain name from transferring out of Pace’s EPIK account.
A Complaint was filed in U.S. District Court on August 9, 2018, Case No. 2:18-cv-1172. After various pleadings were filed by both sides, the parties entered into a stipulation that, in essence, allowed Pace to keep the domain and reversed the WIPO finding as the Court held: “As it relates to the Domain Name, Pace’s registration and use of the Domain Name does not violate Defendant’s rights under the Anticybersquatting Consumer Protection Act,….” and ordered Epik.com to “take all action necessary to enable the Domain Name, to reactivate the Domain Name, to discontinue any suspension of the Domain Name, and to refrain from transferring the Domain Name from Pace to Ambi Servicos.”
This marks the third consecutive Federal Court Decision reversing UDRPs that were wrongfully entered against Stan Pace. Plaudits to him for standing up for his rights as a domain investor and reversing bad UDRP Decisions.
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