Domain Name Wire

Domain Name Wire

  • Domain name owner loses UDRP, sues, gets $7,500

    1. BY - Jul 17, 2014
    2. Policy & Law
    3. 5 Comments

    MyArt.com owner can keep domain name and some cash.

    My ArtIn April I wrote about how the owner of My-Art.com filed its second UDRP against the domain name MyArt.com and won.

    It was a bad decision based, in part, on a incorrect claim that the domain name was transferred to a new owner after the first decision.

    The owner of MyArt.com didn’t respond to the UDRP filing, but sued after the decision was handed down.

    The lawsuit, filed by law firm Lewis & Lin LLC, claimed reverse domain name hijacking under the Lanham Act, as well as related state unfair competition claims.

    My Art SAS, the French company that filed the UDRP, settled after the lawsuit was filed. It won’t get the MyArt.com domain name and also agreed to pay statutory damages, attorney’s fees and litigation costs.

    Court records show the payment was just $7,500. Not much, but a nice turnaround from having to give your domain name away to getting paid for your inconvenience and legal fees.

5 Comments
  • And the arbi”traitor” keeps making bad calls. Great system if you want to try and steal a generic name. When and how can arbitraitors be held accountable for bad calls. They just keep on costing innocent domain owners thousands and thousands of $$. Without $$$penaties for rdnh this nonsense will continue.

  • Got to agree with @Steve . I decided enough was enough and did what this current owner obviously did and issued Court proceedings in Europe. Went to the Appeals Court of the Country and was Ordered that I retain the domain . The Dubai based company never evr paid the Costs awarded against them and still havent to this day as they went out of existence. Now got another one going. I do not wait now for UDRP issue/decision I issue as soon as I know they are coming.

  • ” I issue as soon as I know they are coming” Did you mean you issue Court proceedings as soon as you see them coming? Is it more expensive than defending in a UDRP?

    On a separate issue, if I’m located outside the US but my domain names are managed by Godaddy, can I get an attorney in the US to file a court case on behalf of me if UDRP fails?

    • John Berryhill says:

      July 18, 2014 at 2:46 pm

      Yes. When a UDRP is filed, the Complainant must specify whether they will agree to the jurisdiction of (a) the registrar’s location or (b) the registrant’s location. If a domain name is registered with GoDaddy, and the Complainant has chosen the registrar’s location as the Mutual Jurisdiction, then you may proceed in a court in Arizona.

  • Such arbitrators at UDRP panel need to be held accountable for their ridiculous decisions. Atleast ICANN should draft some sort of legislation about RDNH in order to safeguard interests of rightful domain name owners.

Leave a Reply