Panel determines that company submitted “selective and incomplete story”.
A three person WIPO panel has found NH Resources LLC of Texas to have engaged in reverse domain name hijacking over the domain name No-Heat.net.
It’s a bizarre case in which the parties have already been embroiled in lawsuits, there are allegations of bribery and a host of other issues.
Without going down that rabbit hole, the panel determined that the complainants were not completely forthcoming in the UDRP. Because UDRPs have no discovery, no live hearing and no cross-examination of witnesses, panels rely on the parties to provide all of the material facts in the parties’ written submissions. That’s why complainants must sign a statement:
The Complainant certifies that the information contained in this Complaint is to the best of the Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under the Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.
According to panelists John Swinson, Gaynell Methvin and David H. Bernstein, the complainants “submitted a Complaint which told a selective and incomplete story”, including leaving out some legal proceedings.
It’s an interesting read.