Owner of two gaming-related domains had to file a lawsuit to protect his domains after adverse UDRP ruling.
Lawyers for a man who won a reverse domain name hijacking charge against Lotto Sport Italia have asked a judge to force the sports company to pay approximately $245,000 to the domain owner.
David Dent acquired LottoStore .com and LottoWorks .com for over $11,000 for his online gaming business. Shortly after registering the domain names, Lotto Sport filed a UDRP with World Intellectual Property Organization (WIPO). WIPO ruled in favor of Lotto Sport in a case that was flimsily defended.
Dent then hired new lawyers to protect his domains with a lawsuit in U.S. federal district court. The judge granted Dent’s motion for summary judgment and ruled that Lotto Sport was attempting Reverse Domain Name Hijacking.
Now, Dent is asking the court to award him attorneys’ fees of $243,991.50 (pdf).
The lawsuit states:
Large, multimillion dollar corporations should not be able to force individuals or smaller businesses to choose between losing hundreds of thousands of dollars (even if they win) to keep their property, or surrendering, simply because the large corporation has deep pockets and a large litigation budget. Potential UDRP plaintiffs need to know that if they force legitimate domain owners such as David to take them to court to protect their property from seizure based on shoddy or non-existent cybersquatting claims, they have some exposure in terms of attorneys’ fees. Absent this, the bully will always win (right or wrong), because the little guy will have no choice but to surrender.
Dent is represented by Jeffrey Johnson of Schmeiser, Olsen & Watts, LLP, and John Berryhill.
David J Castello says
I hope that David Dent prevails. There needs to be some financial repercussions from these RDNH decisions.
Please follow up with an update, if the Domain owner wins on attorney fees suit. The owner of LottoWorks.com would be a great podcast guest too.
Andrew Allemann says
In my opinion this is a transfer of wealth from companies to lawyers.
Alan Built says
Good for David. You can only accept so much sh*t in life.
Nail these jokers to the wall David.
El Agamirza says
David won against the Goliath )