Monster chose to blast WIPO rather than respond to the three elements of UDRP.
Rob Monster, the CEO of domain name registrar Epik, has filed a lawsuit after losing the domain name BC30.com in a UDRP.
Ganeden Biotech, Inc. filed a UDRP with World Intellectual Property Organization (WIPO) against the domain name in December.
Instead of formally responding to the UDRP, Monster sent an email that the WIPO panelist characterized as “needless derogatory remarks (and threats) about the UDRP and the Center.”
While the UDRP does not detail Monster’s message, he posted it publicly on domain name forum NamePros. The email stated that Monster would publicly critique the decision should he lose the case.
Panelist John Swinson wasn’t amused, and he also didn’t have affirmative defenses to the Complainant’s submissions. He found in favor of the Complainant.
Now Monster has filed a lawsuit (pdf) to stay the transfer. He’s also asking for damages.
Monster filed it in U.S. District Court in Washington, where both he and his registrar are located. Monster is representing himself in the lawsuit.
Good for him, hope he wins.
Good luck Rob.
Thank you Rob!
Guess you have a cramp in your leg as well 😀
My favorite part is his shaking his head and holding back laughter at the very beginning. As is shown it is we who, all to often, foolishly hold up and support illusions.
Yup sure hope he wins big.
All the way..Rob
Eugene Fraxby says
Best of luck Rob. Good to see someone that has the industry clout and resources go on the counter attack.
As I commented on NP: Rob, good luck with this fight, you are on the right side.
Rob Monster - Epik.com says
Thanks all — appreciate the support.
WIPO has been acting as a corporate bounty hunter for a bit too long — as long as I have been in this industry.
Those with deep pockets defend and often win, or they litigate as a civil case as I have done here.
The difference here is the choice to file as a “pro se” respondent rather than formally engage outside counsel that might take issue with public opinion.
At the end of the day, this is about justice and private property. The dollar value is a lesser concern.
The concept of WIPO as a sort of fast-track for small claims is not bad. The problem is that it has become dominated by who can hire the best lawyers.
So, let’s hope we see a bit of justice. And if you do read the case, you might also not that their TM itself is rather nonsense in the first place!
And for those who missed it, see my 2020 prediction thread:
Note prediction #11 about WIPO. Although I did not ask for this battle, it did not entirely catch me by surprise. It was just finally time to take a stand.
and people question why frank sold his portfolio… maybe all these crazy udrp cases factored into his decision…prob low on the list of reasons to sell, but just one more hassle when you have a massive portfolio of names
The ones he won he needed up
Getting 6 figures for $10-40k type domains.
Let us know the outcome. Good luck Rob
Mike Adkinson says
Give them hell Robby boy:
Silly move by Monster. He’ll keep losing more and more cases if he doesn’t respond. They are now citing all the prior cases as bad faith evidence.
I hope Rob wins and this is definitely WIPO thuggery.
John Berryhill says
ORDER TO SHOW CAUSE: Plaintiff is hereby ORDERED to show cause why the complaint should not be dismissed. Plaintiff shall file a responsive brief no later than 8/13/2020. The Clerk of Court is directed to note this Show Cause on the Court’s calendar for Friday 8/14/2020. Signed by Judge Robert S. Lasnik. (MW) (cc: Plaintiff via USPS on 7/23/2020) (Entered: 07/22/2020)
John Berryhill says
Aug 24, 2020
ORDER OF DISMISSAL FOR FAILURE TO PERFECT SERVICE OFSUMMONS AND COMPLAINT. The Court DISMISSES the above-captioned complaint without prejudice. Signed by Judge Robert S. Lasnik. (LH)(CC to Plaintiff via mail on 8/27/2020)