Domain arbitrator says complainant brought complaint to harass domain owner but won’t find reverse domain name hijacking.
LaFrance Corporation made a dubious attempt at getting the domain name LaFrance.com and lost. But despite overwhelming weakness in its case, an arbitrator with World Intellectual Property Organization failed to find reverse domain name hijacking. Just wait until you read why.
But first, let’s consider this case.
LaFrance Corporation uses the web site lafrancecorp.com. LaFrance.com came up for sale in an online auction, but LaFrance Corporation apparently wasn’t willing to spend the $3,088 the domain name sold for. It ended up the third highest bidder.
Shortly thereafter, LaFrance Corporation filed a UDRP to get the domain name from the winner of the auction, who had already begun developing the site. The respondent alleged that filing a UDRP was “plan B” for LaFrance Corporation to try to get the domain name.
The arbitrator mostly agreed. He said the case “was brought primarily to harass the domain-name holder”. But he still didn’t find LaFrance Corporation guilty of reverse domain name hijacking. Why?
“Had Complainant been represented by counsel the Panel would not have hesitated to make an RDNH finding.”
I guess if you’re ignorant of the rules then you haven’t done anything wrong. Unless you’re the respondent on the losing side of a UDRP.
Johnny says
Crazy days! It’s still like the Wild West out there some 14 years after the Internet began to truly commercialize.
“The interests” are keeping all domain owners in firing range for their own financial gains….ICANN, NAF, WIPO, and trademark groups are all for raping the domain owners if it fills their pockets with gold and assets. Where are the protections for domain owners being exercised by these panelists? I never see it anymore hardly.
These groups have a bad case of avarice. It’s all about THEM making money, not protecting domain owners. What comes around goes around….karma …..ya’ know! Wait until the DOJ or DOC gives them another boot like they already did. Maybe a class action suit eventually. Who knows? I would not rule anything out because the domain battles are starting to look like they are escalating into an all-out domain wars for domain owner’s property. A breaking point will come soon….too much at stake.
Bryan says
The logic used across the board across the domain channel authorities is both fascinating and very scary. Not nearly enough checks and balances.
K says
“I guess if you’re ignorant of the rules then you haven’t done anything wrong.” DNW
– Let’s see them try that in Federal court. “Ignorance” of the law will not be considered with regards to willful or malicious actions and intentions.
UDRPtalk says
Why should it make any difference whether complainant used an attorney or not?
Harassment implies (RDNH) Hijacking, pure and simple.
The panelist can’t have it both ways.
Absolutely outrageous!
Jorge says
You couldn’t make this stuff up if you tried. Incredible.
John Doe says
ICANN should have never legitamized those arbitrators, I cannot believe it.
Rob Sequin says
At least La France corp now has this article to publicly shame them for all time as it should be.