“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


  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.


Please enter your comment!
Please enter your name here

Recent Posts

Entrepreneurship Handbook Offers Domain Advice – Reveals a $385k Domain Name Purchase

Chad Folkening shared an excellent newsletter article from the Entrepreneurship Handbook that will be of interest to domain investors. Not only does Dave Schools...

Referring a (Bad) Prospect to a Broker

There are many times when the valuation of a domain name my company owns is far greater than what a prospective buyer thinks it...

Somewhere.com Reportedly Acquired for $400,000

The Somewhere.com domain name has reportedly been acquired for $400,000 USD. The acquisition was announced on X this morning by Nick Huber: Big news: We spent...

Can You Beat my Time on Pyramid.com?

Michael Cyger launched a fun solitaire game called Pyramid solitaire on the exceptional Pyramid.com domain name. I've played it many times and find it...

My Experience with Afternic / Dan Checkout Link

I recently sold a domain name I owned for several years after an email discussion with the buyer. During our negotiation, at least three...