Arbitrator Rains on Media Rain’s Parade
Thursday, October 1st, 2009
Utah company loses its frivolous UDRP complaint.
No surprise here. But still a sad, abusive story to report.
Media Rain, LLC has lost its arbitration proceedings in which it tried to obtain the domain name Rain.com.
The facts were quite damning. Rain.com was registered back in 1990, 18 years prior to Media Rain’s formation. Verio acquired the ISP that owned Rain.com in 1996.
But Media Rain, which uses the domain name MediaRain.com, wanted to get its hands on Rain.com. It inquired about purchasing the domain and Verio said it wasn’t for sale. Not quite getting the message, Media Rain filed the UDRP. It had no chance of winning, but Verio suspects it filed it to try to slip a case through the cracks by naming Verio Operating, Inc. as the respondent instead of Verio, Inc. Verio Operating, Inc. has been wound up, and Verio suggested to the panel that Media Rain knew that and hoped it would not respond to the complaint.
In finding reverse domain name hijacking against Media Rain, the panel wrote:
At this point, instead of abandoning the matter, the Complainant initiated the present proceedings. Moreover, in spite of the pre-Complaint letters directed to Respondent, and clear WHOIS data showing Respondent as the domain name registrant, Complainant launched these Administrative Proceedings against Verio Operating, Inc., a company shown by the evidence to have been wound up. Respondent postulated in relation to that action:
“It can only be assumed that Complainant intentionally undertook to conceal the name of the true domain name owner by naming Verio Operating, Inc. in hopes that its Complaint would slip through the Forum unopposed.”
This Panel struggles to find a more benign construction to Complainant’s actions to that suggested by Respondent.
Further Reading:
- It’s Raining, It’s Pouring, Rain.com Comes Under Attack
- Future Media Architects Prevails Against Equifax for EFX.com
- Arbitrator Says Complainant Harassed Domain Owner
Tags: udrp
Arbitrator Rains on Media Rain?s Parade – http://tinyurl.com/ydpv5to
Rain.com was registered in 1990? This has to be one of the worst cases I’ve ever seen of attempted Reverse Name Hijacking and a good reason why UDRP should never be weakened.
MediaRain website (hype) quote -
“…this may sound a bit arrogant but at least we are humble enough to admit that. We are a full-service interactive, marketing, advertising, and PR firm who can take your product from conception to launch to sustainability.”
I believe it is the nature of that industry to push the envelope in whatever way you can do it. Some might call it – Chutzpah.
They were wrong. But, more importantly, they were unethical.
I’m positive their competitors will talk about it.
It’s is eerily frightening how little will be made of an attempt like this. Because it is due to happen more often as the stakes get higher.
They still have not given up, have they?? Notice the word ‘Rain’ with a circled ‘R’ on their site.
Sure Vario registered the domain name in 1990, but it is clear they are just sitting on it… Why not sell it to someone who is legally doing business under the name?
It seems pretty ridiculous to me that Vario wouldn’t want to sell it to someone who would actually use it.
BTW, I am familiar with MediaRain and I know the company was formed years before 2008. Whoever wrote this article has their facts wrong.
“Rain.com was registered back in 1990, 18 years prior to Media Rain’s formation.”
“I am familiar with MediaRain and I know the company was formed years before 2008. Whoever wrote this article has their facts wrong.”
Not according to the arbitrator, who wrote:
“2. Complainant was incorporated in April 2008.
3. Complainant first used the trademark in June 2008.”
MediaRain formed their DBA for Rain in 2008, but MediaRain has been incorporated since long before that.
The article says that “1990, 18 years prior to Media Rain’s formation.” Which is incorrect. It should say “18 years prior to MediRain starting legally doing business as Rain”.
@ Bryce – the I guess the arbitrator had it wrong. His findings say that the company was incorporated in 2008 and started using the trademark in June 2008. Perhaps he meant the company filed its DBA for Rain in 2008.
@Andrew
Yes, it sounds like the arbitrator had it wrong.
Thanks for letting me know.
[...] a good, easy-to-remember domain name. There was Media Rain, a Utah digital creative agency that tried to get the domain name Rain.com. Now we can also add Oasis Technology Partners, Inc to the list. The Boston company tried to snag [...]
“It should say “18 years prior to MediRain starting legally doing business as Rain”.”
There is a Bryce Barrand according to G that does business at this stupid ‘Rain’ company. Bryce: whether it’s 18 or 15 or even 8 before why does it matter?
Also, you whine that Verio does not sell. If they had asked $100K you would have whined about the price and even tried to use that against them.
You are worst than scum. And just because you failed doesn’t mean you aren’t thieves.
And you are worst than the worstest scum. Ever. So there.