Respondent doesn’t respond but still wins case.
You know you brought a UDRP arbitration case in bad faith when the respondent doesn’t bother to respond and you still win lose. That’s what happened with the generic domain name Decimal.com.
Radiation therapy company .decimal, Inc., which uses the domain name dotdecimal.com, waged the complaint against the owner of Decimal.com. The web site at decimal.com contains nothing other than a message that the domain name is sale.
The owner of Decimal.com didn’t respond, likely because the whois information for the domain name appears to be bogus. The phone number certainly isn’t valid.
But there was a big hole in .decimal’s case. The company didn’t start using the mark .decimal until 1999, three years after the domain name was registered in 1996. It was clear to the arbitrator that the domain wasn’t registered in bad faith.
Even if the domain had been registered after 1999 the arbitrator would have a tough time handing this domain to a .decimal, Inc. Proving that the domain was registered with the radiation company in mind is quite a stretch, and there are no ads on the web site to show confusion with radiation products.
Here’s a bigger question: could .decimal, Inc. claim first rights to the new top level domain .decimal? I suspect there are an awful lot of trademark applications at the USPTO right now for “dot something”.
You can read the panel decision here.
Johnny says
It looks like .decimal is another wannabe thief.
There ought to be more stringent guidelines for bringing a UDRP. Obviously, the NAF and WIPO have loose guidelines b/c they make money if the case is approved. It’s really kinda’ sick what they allow to go down.
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Patrick McDermott says
“You know you brought a UDRP arbitration case in bad faith when the respondent doesn’t bother to respond and you still win.”
Andrew,
Here’ some more of my wonderful editorial assistance.
“You know you brought a UDRP arbitration case in bad faith when the respondent doesn’t bother to respond and you still LOSE.”
Makes up for my DNW April Fools post at NamePros. 🙂
Andrew Allemann says
Patrick – I guess that’s what I get for writing a post while having lunch at a cafe. Too many distractions 🙂
Thanks!
David J Castello says
Of course they’ll be able to get .decimal as their own vanity TLD. Why? Because no one else in their right mind would want it.
Patrick McDermott says
Andrew,
Please do not try to be too perfect…or you’ll
put me out of a job. 🙂
jp says
Cases like this make me feel like the arbitrators are getting a little better at making fair decisions. It wouldn’t have shocked me if the panel decided to hand over the domain just because the domain owner didn’t respond.
Johnny says
@jp…..true arbitrators are getting better, but the case still should have never even been considered.
Stephen Douglas says
Patrick, remember that when Dub-A says he’s “distracted” at lunch at a cafe, there are deeper meanings to his statement. Let me dissect for thee…
Dub-A was at a roadside steakhouse, having a 2lb ribeye and pounding down martinis with Elliot “S” (last name unknown, but a mysterious stranger for sure). He found out he had free wireless, and began to write this blog article, but a busload of Vegas hookers pulled up for a trip break and a few drinks, took a gander at Dub-A and Elliot, and rushed Dub-A’s booth (in the back, where cigarette burn without complaint).
Dub-A barely completed the article, as he was commandeered out of the steakhouse by 15 lovely ladies and onto the hooker bus to Vegas. Even now, nobody REALLY knows where he is… except for that mysterious stranger, Elliot S, who seems to know everything about everyone! Dub-A could stand for “double danger Andrew”, but he’ll have to admit that…