In essence, the Complainant’s primary contention is that the Respondent registered the Domain Name with full knowledge of the Complainant and with a view to deriving commercial gain from visitors to its site using the sponsored links. The current site is simply a device to try and avoid an adverse finding under the Policy.
The Complainant having made out a prima facie case it is for the Respondent to answer it. The Respondent has elected not to do so. In the circumstances, the Panel finds it difficult to conceive of any way in which the Respondent could reasonably be said to have rights or legitimate interests in respect of the Domain Name. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name.
According to Archive.org, the site did not resolve for many years, and when it did, it was because Network Solutions has decided to put a “sponsored listings” page on it.
Wipo of course must be happy. More ignorant decisions like this will cause more corporations to step forward to file cases on generic domain names knowing well they do not deserve it, but filing a case with the slight hope of a result such as here, gaining a million dollar property for a mere 1,500$ filing.
mind boggling…I’m curious if putting a forum on every domain you have would prove you are using it?
The original registrant didn’t even respond to the UDRP. I am unclear on what they expect. When you are holding a million dollar property would you let someone take it without even a simple response? How is this different than a summary judegment in which a defendant does not even bother to show up in court?
While I agree the decision is wrong and WIPO are clowns, it looks like the original registrant didn’t put up any fight.
Our legal system working at it best, efficient and with lack of rationale.
As far as I know, large companies with deep pockets will always take advantage of this situation.
Assume a small time domainer has a domain which is a few thousand dollars in value and is slapped with an absurd trademark infringement lawsuit. This lawsuit will only cost the complainant 1K - 2K max.
For the domainer to defend, he/she will have to deposit at least $50,000 with a lawyer, just to make an appearance in court. Do you think the domainer will defend the case? I doubt it.
So, most probably the case will result in a default judgement and domain will just go to the complainant. I cannot figure out a way how domainers are protected from this, if anybody knows how, do advice!
Al,
DNHour.com
Trust me you can win a UDRP get a Reverse Domain Hijacking ruling and still lose the if they take ou to Civil Court.
—-ANSWER—-
I know..
But WIPO refused to transfer elders.net to the same complainant (see http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-1099.html).
The respondent in this dispute is a former franchisee of the complainant.