“Penis Doctor Loses UDRP, Reverse Hijacking Found over PSHOT.COM”

This headline, written on Twitter by domain industry attorney Zak Muscovitch, was too good to not share in its own blog post:

Zak’s firm represented the owner of PSHOT.com in a UDRP filing against a “penis doctor.” The domain owner won the UDRP and Zak’s defense obtained a Reverse Domain Name Hijacking (RDNH) finding.

Here’s an excerpt of the decision regarding RDNH. The entire decision can be found in a pdf file on DNAttorney.com:

Without prior rights, Complainant has no UDRP case, since there was no abusive registration. Here, the Panel found, based upon the undisputed evidence, that the Domain Name was registered on July 25, 2002 – nearly ten (10) years before Complainant’s claimed date of first use of its mark, i.e. February 25, 2012, and 13 years before the Complainant obtained a US trademark registration. The undisputed facts foreclose a finding of bad faith registration and use under Policy 4(a)iii.

Respondent asserts in its submission:
“Where a complainant is represented by intellectual property counsel who even on a rudimentary examination of the Policy and its application in this area should have appreciated that the complaint could not succeed since the respondent’s domain name had been registered prior to any trade-mark rights being acquired, RDNH may be found[.] See for example, Proto Software, Inc. v. Vertical Axis, Inc/PROTO.COM (WIPO Case No. D2006-0905).”

The Panel agrees and finds Reverse Domain Name Hijacking by Complainant by unanimous decision. Complainant’s deceptive citation to the key case on which Complainant relied further supports the Panel’s finding of Reverse Domain Name Hijacking.

Zak stood firm, displaying a stiff defense against the doctor’s attempt to snatch the domain name. Zak really knows the ins and outs of the UDRP, and he always seems to come out on top.

Elliot Silver
Elliot Silver
About The Author: Elliot Silver is an Internet entrepreneur and publisher of DomainInvesting.com. Elliot is also the founder and President of Top Notch Domains, LLC, a company that has closed eight figures in deals. Please read the DomainInvesting.com 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

3 COMMENTS

  1. Before taking RDNH, tell your doctor about any other medications you are taking. If your UDRP needs more than four hours, get immediate medical attention.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Recent Posts

Following $50k Sale, Surge.xyz Live

0
Swetha Yenugula recently reported the $50,000 sale of Surge.xyz. In her post about the sale, Swetha shared a screenshot of the Escrow.com closing statement,...

Video: Why Nick Huber Paid $400k for Somewhere.com

0
Nearly a year and a half ago, I wrote about the $400,000 acquisition of Somewhere.com, which was one of the largest one word .com...

Opt-In or Opt-Out for Atom.com Black Friday Sale

0
Atom.com is holding its Black Friday sale beginning on November 28th. The deep sale prices may be good for buyers, but they may not...

AI Prompts That Helped Me Sell a Domain Name

4
I don't do a ton of outbound marketing to sell my domain names. Not only can outbound be a bit disheartening, but it's also...

ParkLogic to Host 2 Online Sessions to Showcase Services

1
Domain name parking hasn't been great for quite some time, but it recently took a major hit with recent Google updates. ParkLogic, which is...