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Citadel should have sent an email rather than filing a UDRP

Investment firm might have achieved its desired result by sending an email. Instead, it lost a UDRP.

Fund manager Citadel Enterprise Americas LLC lost a UDRP it filed against the domain name citadel-investment.com, and it’s a lesson in determining the best approach to go after a potentially infringing domain name.

A company in Oman registered the domain name in August 2018. Citadel was concerned that it would be used in an infringing way because of the inclusion of ‘investment’ in the domain. That’s understandable.

It turns out that the registrant registered the domain name on behalf of its client Citadel Investment LLC, which was founded in 2004 and holds a commercial license issued in that name by the Ministry of Commerce and Industry in Oman.

Given the short timeframe and the explanation for registration, the National Arbitration Forum panel denied the claim because Citadel Enterprise Americas did not show that the domain was registered in bad faith.

Here’s the kicker: in its response, the domain owner offered to transfer the domain to the Complainant for its out-of-pocket costs.

This seems like a case in which the Complainant would have been better off sending an email to the domain owner before filing a UDRP. The domain is registered at GoDaddy and has a public Whois record, so it would have been easy to contact the owner.

Now the company wasted money on a UDRP and still doesn’t have the domain.

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  1. Maggie says

    But the legal team wouldn’t be able to bill as many hours by just sending an email. I’m sure many UDRPs are filed as the legal team says “It’s the only way…”. The quickest, easiest and cheapest way is of benefit to the end client but not the lawyers. Just sayin’…

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