UDRP panel doesn’t understand that page is just an automated parked page.
Online classifieds site Craigslist has lost a case against one Craig Solomon for the domain name CraigsLists.com (note the extra ‘s’ at the end).
The National Arbitration Forum panel relied heavily on laches — Craigslist’s delay in filing the dispute — in coming to its determination. Although that’s great news for domain investors, at the end of the day I think the panel was duped.
The panel determined that the domain name was not registered and used in bad faith because the site at the domain offers services distinct from Craigslist’s bread and butter of classified ads. Instead, the panel determined that CraigsLists.com merely includes a directory to businesses.
It also said that laches was a key strike against Craigslist. Why did the classifieds superpower wait nine years after the “typo” CraigsLists.com was registered to file a dispute?
And that brings us to how the panel got duped.
Here’s what it wrote about how this nine year delay harms the domains owner:
We find that Complainant’s delay in bringing this proceeding is not excusable. Finally, that evidence indicates that Respondent has been engaged in his business for nine years, has developed relationships with the service providers listed on his website, and has devoted time and money to establishing his business. Respondent would suffer prejudice if the domain name were transferred.
Now, you tell me what you see when you go to CraigsLists.com.
What you are viewing is a framed page of CraigSolomon.net. CraigSolomon.net is just a parked page at SmartName.
So the evidence is that the domain owner has not “developed relationships with the service providers listed on his website”. Hardly any time or money went into forwarding this domain name.
I guess it’s not the panel’s job to investigate the use of the page. Craigslist’s lawyers should have pointed this out.