30 May '14, 6pm

UDRP: Panelist rips Complainant a new one! #domains #udrp #naf #wipo #domainers #trademarks #law #tgif #icann50

Complainant has utterly failed to make a prima facie showing it is entitled to relief. Complainant failed to claim it had any rights to any mark, much less this mark. Complainant failed to even assert Respondent has no rights to the disputed domain name, much less present any facts to support such a contention. And this is the rub… Reading between the lines, Complainant hired Respondent to program and maintain a web site, which Respondent apparently did since June 13, 2002 (not that Complainant provided any documentary evidence, leaving it up to the Panel). Complainant did not object to its “internet house” being owned by a third party, for whatever reason. It would seem to be unreasonable to buy an “internet house” (or even a real house) and allow legal title to be held in someone else’s name, but that is exactly what the parties did.

Full article: http://domaingang.com/domain-news/udrp-panelist-rips-comp...

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