Good Domainer Case

[neddy]

My same online friend just posted about another case. Keep this one in the vault! One day it will hopefully be like this in Australia (referring to first paragraph!).

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-0806

The Complainant appears to have taken the view that registering a domain name for the purpose of selling it is of itself in some way reprehensible, when of course it is not (at least absent an intent to sell the owner of an identical or confusingly similar trademark, or a competitor thereof). There is a lawful trade in domain names running into millions of dollars per annum.

If the Panel has understood the Complainant’s evidence correctly, it appears that when the Complainant attempted to purchase the Domain Name online, the price demanded for the Domain Name increased from about USD 10,000 to USD 50,000. No doubt, when the Complainant disclosed its identity, the Respondent appreciated that a higher sum could be demanded of an entity having a name identical to the Domain Name. Whatever the reason, there is nothing to demonstrate that this is behaviour meriting a finding of bad faith under the Policy. Pricing a domain name at the highest level the registrant believes it can encourage a purchaser to pay is not of itself objectionable absent evidence of targeting a particular trademark owner.

The Complainant also appears to have believed that non-use of a domain name or connection of a domain name to a parking page is of itself an indication of bad faith registration and use, which is not the case.

And this is the bit I like best:

7. Decision

For all the foregoing reasons, the Complaint is denied. Further, the Panel declares that the Complaint was brought in bad faith and constitutes an abuse of this administrative proceeding.

 

[jhellyer]

nice..

 

[DomainNames]

THis is Justice in action. A great and fair result

When will AUDA and the AUDRP panelists get with the times and see the world rulings on domain name cases show our Australian system is still in the dark age and in many cases clearly at odds with the rest of the worlds domain dispute rulings.

Make sure you quote this case to people if they ever send you a send and desist give us your name letter or even when they lodge their complaint quote it in your defense

What is needed is for the domain owner to be able to get their costs paid through such claims and cases. Often to defend a case will cost $5000 +. To large companies this is how they bully domain owners to give up domains and not put in a defence. In many cases you can defend yourself now by reading and using all the available cases of domain owner wins.

Never give up your domain name until its forced on you by a court or due process!

In this case the Law Firm who brought the complaint should have been referred to the relevant countries Law Society and Disbarred! Clearly this is a perfect example of Reverse Domain Highjacking and its been tried by the bullying tactics of a law firm itself to get a name for themselves! Amazing stupidity http://www.wipo.int/amc/en/domains/s...ase=D2011-0806 !