Panel finds that group brought was attempting to reverse domain name hijack GreatRun.com.
Nova International Limited, the company that organizes the Great Run series of events, has been found to have engaged in reverse domain name hijacking in a UDRP for GreatRun.com.
The complainants use the domain name GreatRun.org, which it registered in 2002.
Panelist Gabriela Kennedy gave three reasons she believes Nova International brought its case in abuse of the policy:
1. It likely chose a .org domain name in 2002 because the matching .com was already taken. It has known since then that the .com was owned by someone else.
2. There’s a lack of evidence that the complainant’s mark has a strong reputation or worldwide fame since its inception or when it registered the .org.
3. The complainants threatened the domain name owner with a UDRP if it didn’t quickly accept its $3,000 offer for the domain name. That’s a big no-no.
The race company was represented by Bond Dickinson LLP.
Shame of these reverse domain name hijackers. The panel should start fining these companies who indulge in this type of activity.
A new low for such a simple concern here. Such lengths org are willing to go to achieve .com status, did they not get the GTLD memo?
These UDRP cases need to be looked at very hard.
There are way too many frivolous complaints being files. Similar to frivolous lawsuits in the court system.
The solution would remedy most of these cases from even being filed.
To fix this, you would charge the complainant an initial fee to file, which is separate from any additional costs if the case moves forward to final panel. This initial fee would simply be for a preliminary panel to decide if the charge is good enough to move forward before the final panel. Assuming the defendant wins the case, their costs should be paid by the complainant. If the complainant wins, then the defendant would pay for their costs. All costs would have a limit of $3k.
Any complainant that brings what turns out to be a frivolous case that makes it through the preliminary system would be fined additional costs. Of course big companies wouldn’t care as much, but then maybe the fines should be raised based upon the size of the company.
Simply because you have the ability to file a case does not mean it should automatically move forward and need to be defended.
The current system has no recourse for a complainant, and there needs to be a major change in the system.
The problem with deciding whether or not cases are frivolous is that the people deciding, if its going to be the same bunch of UDRP arbitrators, are themselves frivolous. It will be the blind leading the blind.
The only solution is Court where sides can defend and cross-examine in person. There’s nowhere to hide when you sitting in front of a proper court Judge and people defending themselves in person. The current system is crazy. Unless there is slam dunk evidence any UDRP Complaint should meaning nothing. The current process is a joke at both ends, Complainants and Arbitrators. The Respondent who is the actual owner is largely powerless. It’s stupid.
The whole process is comical. The people that run the process are comical. The people that engage the process are comical. The UDRP is out of control and needs to be scrapped and handed back to the grown ups in proper national courts where the stakes are much higher and where there are proper processes one like that stuff called evidence and not just playground evidence or speculative evidence serious evidence that can stand-up under scrutiny. Put simply the process .sucks.