Breaking: the first true laches UDRP decision
Wednesday, January 16th, 2013
National Arbitration Forum panel finds case should be barred based on laches.
The doctrine of laches bars bringing a claim after an unreasonable delay in a way that unduly hurts the opposing party.
Laches started creeping into UDRP cases over the past couple years. But panels usually mention it as part of what led them to their conclusion.
Now a three person panel has decided a case based entirely on laches.
This is a big deal as there is now a big precedent to point to.
The case involved an online novelty ID store that began doing business in 1998. Now, almost 15 years later, a company claimed that it should hand over its domain name TheIDShop.com.
The three person panel of Hon. Neil Anthony Brown QC, Hon. Bruce Meyerson (Ret.) and John Upchurch decided not to consider the three prongs of UDRP because the case should be barred based on the doctrine of laches.
You can read the case here.
The respondent was represented by Brett Lewis of Lewis & Lin LLC/