Company found guilty of RDNH even though the domain owner didn’t respond to the dispute.
A company that provides technology for insurance salespeople has been found guilty of reverse domain name hijacking.
RacingSnail, Inc. filed a cybersquatting dispute against the domain name racingsnail.com
The domain name owner didn’t respond, but since the domain was registered three years before RacingSnail existed, the case was dead on arrival.
Panelist Dawn Osborne had no trouble finding that this was attempted reverse domain name hijacking. Osborne wrote:
In this case the Domain Name was registered three years before the Complainant was incorporated and began trading. As such, based on the evidence, it is not possible that the Respondent had the Complainant in mind at the time of registration of the Domain Name which could not have been registered in bad faith.
On balance the Panel believes that exercising reasonable skill and judgement the Complainant must have realised that it had no right to call for the transfer of the Domain Name in this case under the Policy and this Complaint was bound to fail. The Panel makes a finding of Reverse Domain Name Hijacking.
Mark Lawrence Lorbiecki of Williams Kastner & Gibbs PLLC represented the Complainant.
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