In May of this year, I wrote about the filing of a UDRP against the valuable Airy.com domain name. When I saw the filing, I did some cursory research, and I did not see anything that stood out to give the complainant a chance to win the UDRP. The decision was published today, and the panelist ruled the domain registrant could retain the domain name. The panelist also ruled this is a case of Reverse Domain Name Hijacking (RDNH).
You can read the entire decision to see all of the reasons for why the complainant lost, but I want to highlight two aspects of the decision that stood out to me. The first is that Airy.com was reportedly acquired for $150,000 in 2017. This was supported by a wire transfer receipt to Uniregistar. This sale will now be archived by DNJournal, and it will tie for the 38th largest public domain name sale of 2017. I also added it to the Embrace.com one word .com sale list.
I also want to highlight a paragraph from the the RDNH discussion in the decision. The panel acknowledged the effort and cost to defend this domain name:
“The Panel concludes that this is a Complaint which was destined to fail and should never have been brought. In these circumstances, it is particularly regrettable that the Complainant’s actions have caused the Respondent to invest considerable time and resources in preparing and submitting a substantial Response at a time when, as it notes, it is also having to deal with the sudden detrimental effect of the current global pandemic upon its business.”
Even when a UDRP is filed that is fairly easy to defend, many domain registrants will still hire an attorney. In the case of Airy.com, the registrant paid $150,000 to buy the domain name it is using for its business, so there was even more incentive to hire counsel to defend the domain name.
On occasion, UDRP panels make a decision I disagree with, and this would have been a nightmare for the domain registrant. It was nice to see the panelist acknowledge what the domain registrant went through to defend its rightfully owned domain name. The panelist in this decision was Andrew D. S. Lothian.