21 Jan '13, 4pm

Two cases show the inconsistency of RDNH

Two cases, three different view of reverse domain name hijacking. Two recent UDRP cases show the inconsistency of how reverse domain name hijacking (RDNH) is applied. In the first case, Intelligentsia Coffee & Tea, Inc. v. Ashantiplc Ltd, the panel found against the complainant in a dispute over Intelligentsia.com. In this decision, two of the three panelists said it is the Respondent’s job to prove RDNH. The majority write: A majority of the Panel notes that Complainant provided little enough support in its Amended Complaint regarding Respondent’s bad faith that had Respondent pressed the issue, a finding of Reverse Domain Name Hijacking (“RDNH”) —i.e. a finding that Complainant was “using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name” —might have been appropriate. Richard Lyon wrote a concurring decision that argued that R...

Full article: http://domainnamewire.com/2013/01/21/two-cases-show-the-i...

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