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Reflex Marketing files lawsuit after losing UDRP

Musical instrument marketing company wants to get a shorter domain name.

Picture of judge's gavel

A regional musical instrument marketing company has turned to the courts after losing a UDRP for the domain name ReflexMarketing.com

Reflex Marketing, LLC operates in the New York, New Jersey and Pennsylvania areas. It uses the domain name ReflexMarketingLLC.com.

Earlier this year, it lost a UDRP against the domain name. The panel found that Reflex Marketing did not show that the domain was registered and used in bad faith.

The registrant, who lives in China, acquired the domain name in the drop last year after a marketing agency let it expire.

Now Reflex Marketing has filed an in rem lawsuit (pdf) against the domain name in U.S. District Court in Virginia, where .com registry Verisign is located. It alleges that the registrant violated the U.S. Anticybersquatting Consumer Protection Act.

The lawsuit mentions registrant data verification by World Intellectual Property Organization but doesn’t mention that it lost a UDRP for the name.

As an in rem case, the judge is likely to enter a default judgment unless the domain owner shows up to defend the domain in court.

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  1. Observer says

    How is it appropriate for a China resident to be subject to US ACPA Cybersquatting Laws?

    Also, the whois doesn’t appear private, so why should an “in rem” lawsuit be proper?

    Are all non-US entities subject to Virginia USA jurisdiction just because they operate on a “.com” domain?

    This looks like bad-faith legal bullying to me.

    • Mike says

      I can’t mention names, but we had one of those served and we are not in the USA. Ended up in a conference call with Judge and Plaintiff (and us) . Judge was ok !. That’s all can say. In short, they do not have Jurisdiction over the Foreign Registrant. BUT they can “serve upon the Domain Name ” !! That then forces the hand of the Registrant to appear.

      • Mike says

        Whilst I am on the subject. A warning. I KNOW that Complainants are now making first choice to start legal proceedings rather than UDRP, in certain jurisdiction. Be aware.

  2. Michael Castello says

    The domain name owner would win if they were represented in the Virginia court. This move otherwise is smart because the case will default to the plaintiff since it would be too expensive for the owner in China to fight it, and warrants the expense for the business that wants it.

    • Observer says

      Michael,

      Why would you commend the plaintiff in taking this route when it clearly is bad-faith legal bullying?

      Also, how are you assuming that the domain owner can’t afford to defend this?

  3. Mike says

    2 other things. I believe ,looking at the PDF of the claim as filed, it (1) Makes no mention the Plaintiff Losing the UDRP (correct me if I am wrong) (2) Although it makes reference to Registrant submitting to various Dropcatch terms & conditions, it makes no mention of WHICH JURISDICTION is imposed by Dropcatch for UDRP’s or what Jurisdiction was submitted to By the PLAINTIFF when issuing the UDRP.

  4. Observer says

    It appears that the domain transferred to China today which is very appropriate given Plaintiff’s bad faith bullying attempts:

    Domain Name: REFLEXMARKETING.COM
    Registry Domain ID: 2379537355_DOMAIN_COM-VRSN
    Registrar WHOIS Server: whois.ename.com
    Registrar URL: http://www.ename.net
    Updated Date: 2020-03-02T11:11:49Z
    Creation Date: 2019-04-12T18:33:36Z
    Registry Expiry Date: 2021-04-12T18:33:36Z
    Registrar: eName Technology Co., Ltd.
    Registrar IANA ID: 1331
    Registrar Abuse Contact Email: abuse@ename.com

    • Mike says

      While we are on subject of Jurisdictions. Do you want to protect your domain name from attack in UDRP ? Locate your domain at registrar in Germany. The domain cannot be taken from that jurisdiction (provided you don’t do something utterly outrageous) .

        • Mike says

          Yes at the moment it is. I just wonder what would happen if this happens. Respondent loses UDRP. Respondent wins back domain in German Court and German Court states that the UDRP decision was totally wrong and that the domain did not infringe any Trademark. COMPLAINANT then files Lanham Act claim in Virginia ?. Will be interesting to see if the US Court will “Trump” the German Court ?

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