Group wins 3 letter domain name when owner doesn’t respond.
National Motor Club of America, Inc. is the proud new owner of the three letter domain name NMC.com, which it won in a UDRP decision handed down by National Arbitration Forum.
The owner of the domain name has used whois privacy at Network Solutions for many years. They didn’t respond the the complaint, and my guess is they didn’t even receive it.
Typically a panel will consider handing over a three letter domain name if it is parked and displays ads related to the company filing the complaint. But in this case the domain name doesn’t even resolve. There’s absolutely no proof (at least written in the panelist’s decision) that the respondent registered the domain name to target National Motor Club.
Still, panelist Terry F. Peppard writes:
Respondent’s disputed domain name does not resolve to an active website. Respondent did not submit a Response to the Complaint filed in this proceeding. This combination of circumstances justifies the conclusion that Respondent registered and is using the disputed nmc.com domain name in bad faith…
This is a prime example of hitting the UDRP jackpot.
That decision is an absolute embarrassment and is scary for all domain holders. Terry Peppard should never be allowed to handle another UDRP case.
Just another case of a BAD Situation getting worse. The domain does not reslove but the domain owner is acting in BAd Faith?
What a Joke.
The domain name was originally owned by a New Media Communications Ltd., which changed its name to Harmonic Data Systems Ltd.
See:
http://replay.web.archive.org/20000816025448/http://www.nmc.com/
And:
http://google.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHtmlSection1?SectionID=1375964-4796-54496&SessionID=QuZFHC3uBsMg6P7
Harmonic designs, manufactures and markets digital and fiber optic systems for delivering video, voice and data services over cable, satellite and wireless networks. Historically, almost all of our sales were derived directly or indirectly from sales of fiber optic transmission systems to cable television operators. With the introduction of our TRANsend digital headend products in 1997 and the subsequent purchase of New Media Communication Ltd. (“NMC”), which changed its name to Harmonic Data Systems Ltd., we broadened our product offering to enable delivery of digital video, voice and data over satellite and wireless networks and cable systems.
BS.
Brad
Another ridiculous decision that proves some of these arbitrators are IDIOTS!
bad umpiring…
Maybe the worst UDRP decision to date!
More kangaroo court.
So, if a tree falls in the woods and nobody is around does it make a sound?
This is what happens when you don’t bother to respond. Why anyone would not respond to a UDRP over a three letter gTLD is beyond me, but my guess is they will definitely be challenging the decision in court. At least, that’s what they should be doing!