Man files for UDRP as he couldn’t get family domain

I have seen several RDNH cases where in the garb of UDRP as a parallel way of securing the domain name files a complaint. However, seldom do I engage in legal appeals that fall so spectacularly on their face. 

Adrianus Theodorus van Dorp had approached the Canadian International Internet Dispute Resolution Centre for the domain name VanDorp.com. The Complainant claimed that the Van Dorp belonged to him and his family. On that contention the Complainant was seeking the use of the said domain name. 

The Complainant provides no trademarks to establish his claims towards the said name. Neither does he show any registered business related to the said name. The Complainant presents their strong desire for the domain names and the unreasonable price demanded by the Respondent forced them to resort to UDRP. 

The panel obviously declined the Complaint. The panel also pointed out that the Complainant fails to present any registered trademarks or any establishment of seconds meanings. The domain name had been registered in 2003, however the Complainant wants the domain for his ‘future enterprise’. 

The panel strongly stated that had the Complainant sought legal counsel, they would have been awarded a RDNH on such a case. 

You can read the case in detail here.


Discussion

  1. David Blake Avatar
    David Blake

    There is no penalty in the UDRP for such attempted Reverse Domain Name Hijackings, other than the censure itself which can lead to embarrassment for the Complainant and/or its counsel who brought an abusive Complaint. Even though the UDRP offers a clear framework for enforcing your IP rights, it pays to follow certain steps before filing a complaint. CSC’s enforcement experts are located across the globe and have filed more than 800 UDRP cases with a 99% success rate.

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