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.
Joseph L. Carpenter looks like a foxy robber. Lol:)
Slap a lawsuit on Carpenter for tortious interference. The domain owner would probably receive a judgement against Carpenter for tens of thousand of dollars.
In the end, we will see what happens. I will never stop trying to get a CORRECT UDRP decision. For the second time, this current system has failed to do it’s job.
I own the Trademark for “myschool” along with “myschool411” since 2007. I have been trying to legitimately buy the .com for several years only to be denied by the often changed owner for a 6 figure minimum sum. These people are pure and simple cybersquatters looking for a payday that will NEVER come from me. PLEASE try and sue me…PLEASE!
@ Andrew Allemann, you really need to at least understand the real story before writing a post like this. You have no idea what I have gone through and how wrong you are.
Joseph Carpenter
Oh, and YES, I will be appealing this decision in Federal Court.
FYI- In addition to the above information:
I offered to buy the .com prior to filing the UDRP dispute this year. The price I was given was $875,000. Upon declining, the .com was immediately transferred into another new company on September 4th in the Grand Cayman. Bad Faith???