Lawsuit asks for damages for reverse domain name hijacking.
Domain name investor Stanley Pace has filed a lawsuit (pdf) to halt the transfer of Celluvation.com.
World Intellectual Property Organization panelist Badgley ordered the domain name transferred in a UDRP decision dated September 11. In that decision, Badgley found that Pace registered the domain name in bad faith. Badgley said that Pace gave a “blatant falsehood” to the panel that he searched for trademarks when he registered the domain in 2011 and didn’t find any. There were two active trademarks for the domain at the time, Badgley noted.
In his lawsuit, Pace argues that Badgley’s decision was based on “false testimony” from the Complainant Jos Daniel.
Pace is seeking declaratory relief that he isn’t violating the Anticybersquatting Consumer Protection Act, as well as damages for reverse domain name hijacking.
Derek Newman of Newman Du Wors LLP is representing Pace. Newman Du Wors is based in Seattle, and Daniel submitted to jurisdiction there when filing the UDRP because the domain is registered at Epik, a Seattle-area domain name registrar. Howard Neu represented Pace in the UDRP.