Moonchul Chang doesn’t give a reason for not finding reverse domain name hijacking in a dead-on-arrival case.
A World Intellectual Property Panelist has decided a UDRP decision for the domain name MIAX.com in favor of the domain name owner. But for an inexplicable reason, he declined to find reverse domain name hijacking.
The circumstances have all of the trappings of reverse domain name hijacking:
- Domain owner registered it in 2000
- Complainant wasn’t formed until 2007 and the trademark it relies on was registered in 2015 with first use claim of 2012
- Complainant sent several communications to the domain owner, which the owner describes as “offers” and then a cease & desist
- Company files UDRP
Based on the information in the published decision, it’s a classic case of RDNH. The domain owner asked for RDNH, but panelist Moonchul Chang declined to find it without really giving a reason. Instead, he merely wrote:
The Panel cannot conclude that the Complainant filed its Complaint in bad faith for the purposes of RDNH, and mere lack of success of the Complaint is not in itself sufficient for a finding of RDNH.
The Panel is of the opinion that the Complainant has not filed its Complaint in bad faith as an attempt at RDNH.
That’s like a panelist ruling that a domain was registered in bad faith by writing “The panel concludes the domain was registered in bad faith” without giving any reason.
Instead, according to the information in the decision, this case was dead on arrival due to the chronology.
The Complainant, Miami International Holdings, Inc, was also represented by counsel. It uses the domain name MIAXoptions.com.
jay says
No nTLD bashing party today. Where are all your butt-buddies on this one, you know…real issues. Not some manipulative garbage you peddle and ‘moderate’ like a big boy. Nope, no one REALLY wants to talk to someone that is a fake.
C.S. Watch says
I personally have posted warnings about nTLDs. Not being gay myself, perhaps you’re referring to some mystery cabal. Sounds hot. Regardless, I’ll back up my own past comments with data: With three (3) decades of domain trade under our belt, we presently see about one .com domain sold out of every 250 registered. These are from portfolios of solely dictionary, short coined, and category generics, none over two words, and all .com. There’s no free lunch, is my point.
The NamePros message board is like 4am at Circus Circus. A starveling mosh pit, barely speaking English, shrieking invectives at a 70yo cocktail waitress for ruining their luck. Everyone needs to speak truth to the imperiled, because it’s the right thing to do. Sorry not sorry.
Konstantinos Zournas says
Panelist has clients. He can “ruin” his peputation by appearing pro-respondent.
Konstantinos Zournas says
*reputation