Sorry, you can’t just take a domain because you have a business plan for it.
A California man starting a business called Joopa has been found guilty of attempted reverse domain name hijacking.
Edward Smith attempted to purchase the domain name Joopa.com for a new business (which is currently online at Joopa.tv). He first offered $500, and then upped his offer to $2,600. The domain owner wanted much more.
According to the domain owner, it was after Smith was originally rebuffed in 2011 that Smith filed an intent-to-use trademark application for the word “Joopa”. After the trademark was registered he filed the UDRP for the domain.
So here we have a case of a domain registered in 2000. A guy wants to use the domain for a business over a decade later. After he fails to negotiate a price for the domain, he turns to UDRP to attempt to hijack the domain.
It’s classic reverse domain name hijacking, and panelists Carolyn M. Johnson, (Ret.), Kendall Reed, Esq., C.Arb., and Professor David E. Sorkin unanimously agreed that the complaint was brought in bad faith.
Smith was represented by Raj Abhyanker P.C. Abhyanker runs Trademarkia.com.
What happens to people or companies who are found guilty of reverse domain name hijacking?
Or are they just given a “free pass” to try and hijack domain names with no fear of penalties?
Cheers
Jaffaman
Nothing Happens.
NO Punishment.
NO Penalty.
NO Fine.
Nothing.
What if it was the same for attempting to rob a bank, speeding, tax evasion, etcetera?
Was it a criminal or a civil case? If the latter then he would not have been found “guilty”, but held liable for money damages and had a permanent injunction imposed on him to desist from this behavior.