RDNH Finding in GWG.com UDRP

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I recently wrote about the GWG.com UDRP that was filed at the World Intellectual Property Organization. The decision was published today, and the three member panel found in favor of the domain owner. In addition, the panel concluded that Reverse Domain Name Hijacking (RDNH) had occurred.

According to the decision, “the Panel’s view is that there are several reasons why a finding of RDNH should be made.” The decision then listed several reasons for why it found this UDRP to be RDNH.

One thing I found very interesting is that the panel wrote about why it chose to make a reverse domain name hijacking decision rather than simply rule in favor of the respondent. Here’s what was written about that:

5 with… Attorney Zak Muscovitch

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zak-muscovitchWhile attending an Internet Commerce Association working group meeting at THE Domain Conference last month, I had the chance to chat with domain industry attorney  Zak Muscovitch. We spent some time discussing some recent UDRP proceedings, and I thought readers might appreciate learning more about how the UDRP process works. I asked him questions about responding to a UDRP and protecting domain names from being subject to a UDRP filing.

Zak has represented many domain owners in UDRP proceedings and other domain name disputes, and I think he has a very good track record. Zak’s law firm is based in Toronto, and he represents domain name owners in many jurisdictions. I understand that the ICA will be adding a UDRP resource section on its website. Many domain owners aren’t sure what to do when they receive a UDRP complaint. The ICA will be offering helpful information, and Zak is one of the main contributors.

If you have follow up questions for Zak, I invite you to post them in the comment section. If you have questions that are specific to a UDRP proceeding, you should probably ask them privately.

What are the most important things a domain owner should know when receiving a UDRP complaint?

Zak:  The first thing that I check out when reviewing a UDRP Complaint

Don’t Get Caught in the Legal Crossfire

Despite the fact that it is 2016 and the laws regarding cybersquatting on well known brands are well established, some people still seem a bit too cavalier when it comes to owning infringing domain names. My guess is that some people either don’t know about the protections given to brands or they believe the risk/reward analysis is in their favor.

This morning, Andrew Hazen called attention to a lawsuit that was filed by fashion brand Christian Dior. According to the article in World IP Review, in addition to injunctive relief and the transfer of the infringing domain names, “It is also seeking an account of all profits made by the defendants in their unlawful acts, and statutory damages for wilful counterfeiting for each use of the Dior trademarks ($2 million per infringement, tripled) and $100,000 for each domain name.”

The company, like many other large brands, is

ICP.com Subject of UDRP (Updated)

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icp-com-udrp

Another valuable three letter .com domain name has become the subject of a UDRP proceeding at the World Intellectual Property Organization. A company filed a UDRP against the ICP.com domain name. It is WIPO Case D2016-2005.

ICP.com has a creation date of March of 1998, and the current admin organization is listed as Integral Capital Partners of Menlo Park, California. Looking at DomainTools Whois history Tool, it looks like the domain name has been owned by the same entity since the earliest archived record in 2001.

If you visit ICP.com right now, you will

UDRP Filed Against Hottie.com (Updated)

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hottie-com

A UDRP has been filed against the descriptive Hottie.com domain name at the World Intellectual Property Organization. the UDRP is WIPO case #D2016-1975. According to Urban Dictionary, a hottie is “A very attractive person; can be either male or female.” For instance, I regularly call my wife a “hottie.”

The Hottie.com domain name was created in September of 1997, making it 19 years old earlier this month. The domain name is registered under privacy at Uniregistry. From what I can see using DomainTools Historical Whois records, it looks like the domain name has been registered privately since late 2006.

Hottie.com is currently

UDRP Filed Against MEZ.com (Updated)

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A UDRP was filed at the World Intellectual Property Organization against the three letter MEZ.com domain name. The case is WIPO Case D2016-1932.

The registrant of Mez.com is located in India, and it appears that the registrant’s first name is Mez. The domain name is nearly 20 years old, with a registration date of December 1996. A DomainTools Historical Whois search shows that the domain name may have changed hands more than once in the last couple of years.

I don’t see any