With the help of attorney Zak Muscovitch, eWeb Development has won all eight of its UDRP cases, including six RDNH decisions.
A UK company has been found guilty of reverse domain name hijacking (RDNH) after admitting that the domain in its cybersquatting complaint was not registered in bad faith.
Voicentric Ltd filed the dispute against eWeb Development Inc over the domain voicentric.com. eWeb development offers domains for sale in addition to site development and hosting services.
eWeb Development has a strong track record in UDRP cases, which probably helps it gain the benefit of the doubt when faced with complaints. With this decision, it has won all eight UDRPs it has faced, including six with RDNH decisions. Zak Muscovitch has represented the company in all of the cases.
As far as cases go, Muscovitch had plenty of ammunition to defend his client in this case.
That starts with Voicentric acknowledging in its supplemental filing that the domain wasn’t registered in bad faith, only used in bad faith. Voicecentric represented itself in the dispute, and apparently didn’t understand that this was fatal to its case.
The three-person World Intellectual Property Organization gave the Complainant leeway on some issues in its case because it was self-represented. But it also noted that it should have understood its case couldn’t succeed. It used the WIPO UDRP Model Complaint, which clearly states that the Complainant must show the domain name was registered and used in bad faith.
Voicentric Ltd also had the option to withdraw its complaint after Muscovitch explained to the company why its case was futile. It proceeded anyway.
Therefore, the panel found that this case was filed in bad faith.
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