A simple question could have prevented this cybersquatting complaint.
A National Arbitration Forum Panelist has found that a complaint brought by Gary Chupik, a Washington man, over the domain name EliteMindset.com was attempted reverse domain name hijacking.
The facts follow a common pattern: Complainant wants a domain and tries to buy it. Failing to get it for the price he wants, he registers a trademark for the name and then files a UDRP.
It’s called “Plan B” reverse domain name hijacking.
In this case, the Complainant states that he sought legal advice but he appears to have filed the case on his own. It was a weakly argued case that was essentially dead on arrival.
This case is an example of one that could be avoided if ICANN or UDRP providers implemented a simple change to the filing process. They could ask:
Do you claim trademark rights to this domain name that pre-date the domain owner’s registration of the domain name?
It could then explain the requirement to prove a UDRP.
This would have saved Chupik from wasting his time and money filing the case. It would have saved the Respondent from having to respond to the case. Everyone would have been better off. Except, I suppose, the forum.