RAI.mobi domain owner did himself a disservice in responding to UDRP.
It’s difficult to win a UDRP domain arbitration case when you don’t respond to the proceedings. (Difficult, but not impossible). But sometimes not responding to a case is a better idea than responding with a half-hearted story.
That’s what happened in the case or RAI.mobi, a generic domain name won by complainant RAI Radiotelevisione Italiana S.p.A. This isn’t a case of someone registering a trademark domain and putting pay-per-click links on it related to the trademark holder. According to the panel decision, a parked page wasn’t at issue. Instead, it was the respondent offering a bungled response to why it registered the domain name in the first place.
The respondent pointed out that Radiotelevisione Italiana doesn’t have exclusive rights to “RAI”. That’s true. But then it pointed out that another trademark holder was more popular in search results than Radiotelevisione Italiana. The respondent also seemed to want to connect itself to that other trademark holder, but failed to show any real connection.
In this particular case, I think the respondent would have had a better chance of winning had he not responded at all. True, a good response showing that it wasn’t registered in bad faith would be best, but it would be hard for Radiotelevisione Italiana to make a case that RAI.mobi was registered or used in bad faith when it wasn’t being used at all.
Read the case here.