For a number of years, we have used this Blog to publish our UDRP Panelist Polls to determine which Panelists have been more favorable to Domain Investors and have denied Complaints on a consistent basis. However, we never looked at those other Panelists who consistently find for the complainant and require the domain name to be transferred.
In conducting our research, we found that basically the same Panelists who required the transfer of domains were also those who denied the claims. However, we also found that the vast majority of the UDRP Decisions requiring the transfer of the domains were uncontested with no Response having been filed by the Registrant of the Domain Names.
So the BIG QUESTION that remains is how many of the CONTESTED UDRP Claims are decided in favor of the Complainant, and how many for the Respondent. The results of our research are truly ASTOUNDING! Of the 171 WIPO cases that we reviewed resulting in Decisions last month, 30 were contested. Of those contested, 17 resulted in a Decision for the Complainant and 13 for the Respondent! In other words, 57% required the Domain to be transferred, while 43% denied the claim.
Better yet, and even more ASTOUNDING!, of the 27 cases reported at the FORUM, only 5 were contested, and of those 5, 4 were DENIED! That means that 80% of the contested cases (in our limited study) were decided for the Domain Investor. Thus it appears that if the domain investor contests the UDRP at the FORUM, the chances are extremely good that the Respondent will prevail!
Here’s another little factoid that I found interesting. At WIPO, 3 claims were denied, and at the FORUM, 1 claim was denied, even though the registrants of the Domains failed to respond.
Finally, of the WIPO panelists who presided over contested hearings, the following panelists heard multiple contested cases:
WARWICK ROTHNIE – Denied 1, Transferred 2
NICK GARDNER – Denied 2
DEANNA WONG WAI MAN – Transferred 2
ALAN LIMBURY – Denied 2
JOHN SWINSON – Denied 1, Transferred 2
ASSEN ALEXIEV – Transferred 2
We will continue to research the cases at WIPO and the FORUM and will report monthly on our findings to see if the numbers continue to hold up.
Howard Neu, Esq.
The Neu Facebook