Lawyer makes some really bad accusations.
Tucows has won another domain name that is part of its “Personal Names Service”.
Tucows acquired the domain name Primm.com when it bought Mailbank (NetIdentity) in 2006. NetIdentity registered the domain name in 1996.
The case was filed by Herbst Gaming, LLC with the help of Greenberg Traurig, LLP. Greenberg Traurig is no stranger to UDRP filings, having represented over 400 UDRP cases.
This makes the arguments presented in the case very puzzling.
First of all, anyone experienced with UDRP and Tucows’ Personal Names portfolio knows the company won’t give up a fight on them. Tucows has only lost 3 UDRP cases and has “won” each case after appealing to the courts.
Second, check out this accusation from the Greenberg Traurig attorney:
The domain name was first registered in February 1997 by Melbourne IT, a company that is widely known for its cybersquatting activities. Melbourne IT owned the domain name until sometime in 2006, when it was acquired by Respondent.
Hmm. Melbourne IT wasn’t the registrant of this domain name. Mailbank merely registered the domain name through Melbourne IT as the registrar. Also, since when is Melbourne IT known for its cybersquatting activities?
Despite these amazing insertions, the panel declined to find reverse domain name hijacking.
Still, Tucows has another win for its record.
3 Pound Hammer says
WTF wrong with these panels not finding for RDNH ( Reverse Domain Name Hijacking) ?
It just shows how biased they are. They know they can’t get away with giving the domain to the complainant, but can at least not find for RDNH.
Although unfortunate for Tucows to have to defend, thanks are in order for GTLaw for filing a case that was ultimately lost that now provides another pro domain decision to use and possibly prevent future cases from being filed against others.
Jason Hayden says
In all fairness the Greenberg Traurig attorney who filed this UDRP, Lauri Thompson, had previously only filed 3. I think it just goes to show that having an ESQ after your name doesn’t necessarily indicate you know how (or when not to) make a successful UDRP Complaint.
elliot noss says
a finding of RDNH is a little like a WWE referee counting to 20 when a wrestler is out of the ring. all part of the show.
UDRPs like this one have sadly just become part of the domain IP practice. there is NO incentive for this behavior to change.