Domaining.com owner sues to retain ownership of Ado.com and asks for a finding of reverse domain name hijacking.
Francois Carrillo, the owner of domain blog aggregator Domaining.com, has sued (pdf) Mexican bus company Autobuses dr Oriente ADO, S.A. de C.V. after a UDRP panel ordered his domain Ado.com transferred. He is seeking the UDRP to be overturned and is asking for a penalty for reverse domain name hijacking.
The World Intellectual Property Organization UDRP decision came as a shock as the panelists handed over a valuable three-letter domain name to a Mexican company that Carrillo, who lives in France, said he hadn’t heard of when he bought the domain name. The decision also had misstatements about pricing of domain names.
The suit questions claims made by the bus company in its UDRP complaint such as the existence of U.S. trademarks. It also points out that the bus company’s lawyer in the UDRP was also an accredited UDRP panelist, suggesting potential bias by the three peer panelists. The ability for lawyers to serve as counsel in UDRP cases while also being accredited panelists is a big issue for UDRP fairness.
The case was filed in Denver because the bus company agreed to submit itself to jurisdiction there when it filed the UDRP; it is the location of NameBright, which is the registrar of record for Ado.com.