31 July 2013

Using an UDRP to steal a Domain Name

Rick Schwartz is naming names, and doing everyone in the domain industry a service--interesting reading at link below, and particularly note Rick's "explanation of reasons"--including "Plan B"--

Reverse Domain Name Hijackings 2000-2013. All 143 Cases Sorted by Year. - The Rick Schwartz Domain Name and Traffic Blog RicksBlog.com | Home of the "Domain King":  " . . . . The ‘Reasons’ column is an attempt to identify and categorize the various circumstances cited by panels in support of a finding of RDNHExplanation of Reasons: (there are a total of 11 categories at the link above--just 2 follow)
Bad Faith – No Evidence – the complaint provides no evidence of the respondent’s bad faith . . . .
Plan “B” the complainant is using the UDRP as an alternative acquisition strategy after commercial negotiations failed . . . ." (read more at link above)

An "Alternative Acquisition Strategy"--Rick calls it as he sees it! And what does ICANN do to prohibit or penalize abuse of UDRP policy? Seemingly nothing--and they have been on notice since at least year 2000! Why not require UDRP complainants post $1,000,000, or have their claim dismissed, once a respondent asserts a RDNH defense? If complainant then posts the $1,000,000, and RDNH is found by the panel, the $1,000,000 would be split 80/20--80% to respondent and 20% to ICANN!

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