Case was dead on arrival but panelist didn’t consider RDNH.
Panelist Sebastian M W Hughes has denied a UDRP brought against the domain name lean-solutions.com, but he failed to consider reverse domain name hijacking in a case that was dead on arrival.
Complainant Process Assets, LLC filed the dispute despite acknowledging that the respondent had been using the domain name since 2000 to promote consulting services. That’s well before Process Assets gained any sort of trademark rights in the term Lean Solutions.
Yet, it still made the argument that the domain owner registered the domain in bad faith, and referred to previous UDRP cases in which the domain was registered after a trademark existed.
These types of cases should be screened out in advance. Unfortunately, the domain owner had to expend time and/or money to defend the domain name he’s rightfully used for his business for over 15 years.