Flushing money down the toilet.
Michael Gleissner’s lawyers don’t seem to have a grasp on how UDRP works, and they continue to waste money filing and losing cases.
EKR Systems Limited, which lists Gleissner as director, filed a UDRP against the owner of mclip.com.
EKR’s lawyers at Morton & Associates falsely claimed in the original filing that the domain name owner didn’t acquire the domain name until 2014. When pressed by the panelist for more information, the lawyers said they made a mistake, and the owner actually registered the domain in 2010, but still after EKR claims trademark rights.
Morton & Associates based both of these dates on improper readings of DomainIQ historical whois record, and panelist Luca Barbero called them out on it.
The lawyer’s proof that the current owner didn’t get the domain name until November 14, 2010, is that DomainIQ has a record showing the current owner on that date. But as Barbero pointed out, that doesn’t mean that he didn’t own the domain before that date.
Indeed, DomainTools records show that the owner has had the domain name since at least mid-2009.
But 2009 vs. 2010 didn’t ultimately matter. The panelist pointed out that there was scant evidence that the mclip mark was well known at the time and that the domain registrant had the complainant in mind when it registered the domain. It’s also a short mark with lots of users and acronyms.
Despite no response from the domain name owner, the panelist ruled that EKR failed to prove that the domain name was registered and used in bad faith.