A Google Search Could Have Avoided This RDNH Finding The most noteworthy aspect of this decision is the Panel’s emphasis on a complainant’s obligation to conduct a reasonable pre-filing investigation. The Panel found Reverse Domain Name Hijacking not merely because the Complaint failed, but because readily available information would have revealed that the claim had little prospect of success. Continue …
Introducing The New Leadership of the ICA Board
We are thrilled to announce that the ICA Board of Directors has appointed Nat Cohen as President and Ryan McKegney as Vice President. Many of you already know Nat and Ryan well. Both have been deeply involved in the operations of the ICA and are currently serving on our Executive Committee. This transition recognizes the leadership roles they already play within the ICA as …
When Losing the DropCatch Auction Becomes Reverse Domain Name Hijacking – vol. 6.23
When Losing the DropCatch Auction Becomes Reverse Domain Name Hijacking This decision is notable for the Panel’s treatment of Reverse Domain Name Hijacking in the context of a self-represented complainant. While the underlying merits analysis was relatively straightforward, the Panel devoted significant attention to explaining why the Complainant’s lack of legal representation did not excuse the filing of a Complaint …
$200,000 Asking Price, But One Fatal Problem: The Timeline – vol. 6.22
$200,000 Asking Price, But One Fatal Problem: The Timeline This decision is a useful reminder that trademark priority and domain name chronology are not the same thing. The Complainant undoubtedly possessed trademark rights predating the Respondent’s acquisition of <rapidpay.com>, but the Panel focused on the question that ultimately matters in cases involving descriptive or brandable domain names: why did the …
UDRP Complaint with 200+ Annexes Draws Sharp Rebuke from Three-Member Panel – vol 6.21
UDRP Complaint with 200+ Annexes Draws Sharp Rebuke from Three-Member Panel Particularly notable was the Panel’s criticism of the sheer volume of evidentiary submissions. The reference to more than 200 annexes was not merely procedural commentary or judicial irritation with an oversized filing. Rather, it reflected a broader institutional concern that the proceeding had evolved into an over-litigated commercial dispute …
Business Divorce Dressed Up as Cybersquatting Ends in RDNH Finding – vol. 6.20
Business Divorce Dressed Up as Cybersquatting Ends in RDNH Finding The Panel denied the Complaint concerning <chainbridgeestates.com> and issued a strong finding of Reverse Domain Name Hijacking (“RDNH”), emphasizing that the UDRP is designed to address clear cases of cybersquatting – not internal business disputes over control of a domain name associated with a jointly developed project. The Panel was unpersuaded …
A Note of Thanks to Jeremiah Johnston
After two decades of service, Jeremiah Johnston has announced that he’ll be stepping down from the ICA Board of Directors following his decision to step away from his role at Sedo at the end of the month. Jeremiah has been part of the ICA since the very beginning. Sedo was one of the founding members when the ICA was established …
Employee’s Unauthorized Domain Transfer is a “New Registration” – vol 6.19
Employee’s Unauthorized Domain Transfer is a “New Registration” This decision is notable for its treatment of an unauthorized intra-company domain transfer as a “new registration” capable of satisfying the conjunctive bad faith registration and use requirement under Policy ¶ 4(a)(iii). The Panel confronted a factual scenario that falls outside the classic cybersquatting paradigm: a domain name originally registered in good …
Welcoming Alan Shiflett to the ICA Board of Directors
The Internet Commerce Association is pleased to announce that Alan Shiflett, General Manager of Aftermarket & Specialty Brands at GoDaddy, is joining the ICA Board of Directors. Alan steps into the seat previously held by James Bladel. With over 16 years of experience, Alan has been instrumental in scaling the domain aftermarket and has long served as a dedicated advocate …
When Not Paying Your UDRP Fees Becomes Evidence of Bad Faith – vol. 6.18
When Not Paying Your UDRP Fees Becomes Evidence of Bad Faith What caught my attention most in this case was the Panel’s treatment of the Complainant’s failure to pay its share of the three-member Panel fees. After the Respondent elected a three-member Panel, the Complainant did not pay the required top-up. The Panel did not treat this as a neutral …