Doc wants old domain name without paying the asking price.
A male enhancement doctor has been found to have engaged in reverse domain name hijacking in his attempt to get the domain name PShot.com.
Charles E. Runels, Jr. is known for his enhancement method that he markets under the names Priapus Shot and P-Shot. He started using these names this decade, but he wanted to enlarge his brand by acquiring the domain name PShot.com. PShot.com was registered in 2002. Runels tried to buy the domain name but he didn’t make a large enough offer.
So, as plan B, he filed a cybersquatting complaint under UDRP. Part of his argument was:
On information and belief, Respondent, for an extremely minimal investment, speculated that the Domain Name would become commercially valuable, and registered the Domain Name for the sole purpose of selling, renting, or otherwise transferring the Domain Name for valuable consideration in excess of the out-of-pocket costs directly related to the Domain Name. Once Complainant’s business activities using the trademarks PRIPAUS SHOT and P-SHOT caused the Domain Name to acquire value, for valuable consideration far in excess of Respondent’s out-of-pocket costs directly related to the registration and parking of the Domain Name, Respondent offered to sell the parked pshot.com domain name to Complainant initially for $150,000.00 and then for $35,000 in a subsequent counteroffer.
That argument was obviously not well received by the panel.
Runels also cited an old case as an example of a panel finding that a domain could be registered in bad faith even if it was registered before a trademark existed. But the panel in that case actually decided that bad faith registration was not proven.
Unsurprisingly, the panel found against Runels and also that he was guilty of reverse domain name hijacking.
Runels was represented by Sheryl De Luca of Nixon & Vanderhye P.C. The domain owner was represented by Zak Muscovitch of Muscovitch Law P.C.