Complainant goes after domain name for a second time, and loses for the second time.
Original Web Ventures has survived a UDRP that was filed against its MySchool.com domain name — a domain name it purchased last year for $42,000.
The complainant, Joseph L. Carpenter, runs a site at MySchool411.com. He filed a UDRP against MySchool.com back in 2010 and lost that case. Now that the domain has changed hands, he took another crack at it.
A three person National Arbitration Forum panel found that the complainant didn’t even make a prima facie case in support of its arguments that Respondent lacks rights and legitimate interests.
Although they came to the correct conclusion, the panel of Karl V. Fink, Douglas M. Isenberg, Esq., and James A. Carmody, Esq. really shirked its duty. It declined to rule on whether the domain was registered in bad faith, citing the fact that the case was lost when the second element wasn’t proven. But the bad faith discussion could be key to finding reverse domain name hijacking.
For the issue of reverse domain name hijacking, the panel simply wrote, “The Panel declines to make a finding of RDNH under the circumstances of this case.”
Gee, that’s helpful. Why did it decline? Because it didn’t want to spend more time on the case?
Original Web Ventures was represented by Zak Muscovitch.