One panelist also finds reverse domain name hijacking.
Frank Schilling and lawyer John Berryhill have successfully defended the domain name Gabs.com in a UDRP.
Gabs S.r.l., an Italian accessories maker, filed a UDRP with Czech Arbitration Court alleging that Gabs.com was a case of cybersquatting.
Schilling registered the domain name in 2001. Gabs S.r.l. registered Gabs.it in 2002.
The domain name resolves to a parking page with topics directly related to the dictionary word ‘gabs’ such as for chat rooms.
Unsurprisingly, the three-person panel found that Schilling had rights or legitimate interests in the domain name and that it wasn’t registered in bad faith.
Two members of the panel said there was no reverse domain name hijacking and one member filed a dissent, saying he believes this constitutes a case of reverse domain name hijacking.
Another tidbit from the decision was that Gabs S.r.l. apparently used Register.it to make its initial overture about the domain name. That correspondence was then handed to Gabs, which used it in its complaint.