Family Dispute Leads to UDRP

When I was looking over the recent UDRP decision on, I was not surprised to see the claim denied on a 5 domain name UDRP filing, which included and I didn’t even take a glance at the decision because I just assumed the UDRP was filed by a company that wrongly thought it could get control of some seemingly generic domain names.

It was not until I saw this tweet from IP and domain industry attorney John Berryhill that I learned there was more to this UDRP than meets the eye. In fact, it appears to involve a family dispute:

In the respondent’s contention, it was mentioned that the complaint may go beyond the scope of the UDRP. In fact, the decision stated, “Respondent brings up a number of non-UDRP issues, mainly revolving around family legal and personal issues.” Fortunately, the decision did not detail the non-UDRP issues that were mentioned, which is probably best in a situation that involves family.

The panelist ended up ruling in favor of the respondent, not necessarily based on the merits of the dispute, but because of the other issues regarding the situation. From the decision:

“Accordingly, this Panel, based on the facts and arguments presented to it, chooses to dismiss the claim. See Everingham Bros. Bait Co. v. Contigo Visual, FA 440219 (Forum Apr. 27, 2005) (“The Panel finds that this matter is outside the scope of the Policy because it involves a business dispute between two parties. The UDRP was implemented to address abusive cybersquatting, not contractual or legitimate business disputes.”); see also Fuze Beverage, LLC v. CGEYE, Inc., FA 844252 (Forum Jan. 8, 2007) (“The Complaint before us describes what appears to be a common-form claim of breach of contract or breach of fiduciary duty. It is not the kind of controversy, grounded exclusively in abusive cyber-squatting, that the Policy was designed to address.”); see also Frazier Winery LLC v. Hernandez, FA 841081 (Forum Dec. 27, 2006) (holding that disputes arising out of a business relationship between the complainant and respondent regarding control over the domain name registration are outside the scope of the UDRP Policy).”

It’s sad to see a situation like this become public, but I think people need to realize the UDRP was not created to arbitrate more complex business disputes. Using the UDRP process for something beyond cybersquatting will likely end up being a waste of money and time.

Elliot Silver
Elliot Silver
About The Author: Elliot Silver is an Internet entrepreneur and publisher of Elliot is also the founder and President of Top Notch Domains, LLC, a company that has closed eight figures in deals. Please read the Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest. Reach out to Elliot: Twitter | Facebook | LinkedIn

Leave a Reply

Recent Posts

Taking a Blog Break

I have been writing articles on my blog since 2007. I have been fortunate to have the advertising support of many domain industry companies...

Some Thoughts About 2023

As the year winds down, I have been thinking about what to expect for the upcoming year. I am hopeful that it will be...

How I Am Preparing for the New Year

Less than a week remains in 2022. This is generally a quiet week in terms of domain name sales, so I tend to spend...

Squadhelp Introduces AI Business Name Generator

Earlier this month when OpenAI's ChatGPT chatbot was trending, I discussed some of the ways artificial intelligence (AI) could be used for domain investing....

I Don’t Always Have to Win

I am a highly competitive person. Whether I am playing a tennis match against a friend or playing a board game with my family,...