Panelist wimps out on finding that complaint was RDNH.
A National Arbitration Forum panelist has failed to make a ruling of reverse domain name hijacking in an egregious UDRP filing.
Arthur Yarlett / Graphic-FX filed a UDRP against Michael McGloin / Visual Voice over the domain name VisualVoice.com. McGloin registered the domain name in 1995. Yarlett filed for a trademark on Visual Voice in 2013 and it was registered in 2014. The application cited a first use in 2011.
In other words, this case is dead on arrival because the domain name was clearly not registered in bad faith.
Panelist Antonina Pakharenko-Anderson, a managing partner at an intellectual property law firm, found that Yarlett did not show a lack of rights in the domain name, nor did he show bad faith registration. Yet she declined to find reverse domain name hijacking, ostensibly because the complainant just didn’t know any better.
She wrote: Click to continue reading…