http://domain-name-lawyer.blogspot.com/2013/06/domain-hijacker-ordered-to-pay.html
A panel of three Canadian domain name dispute arbitrators have unanimously determined that a Complainant engaged in Reverse Domain Name Hijacking (RDNH), and also ordered the Complainant to pay $5,000.00 towards the Respondent's legal fees as a consequence. This is only the second case where a Panel has awarded costs to the Respondent in a CIRA domain name dispute.
In Canada, .ca disputes are subject to the Canadian Internet Registration Authority (CIRA) Domain Name Dispute Resolution Policy (CDRP). This particular CDRP dispute was managed by the British Columbia International Commercial Arbitration Centre. The esteemed three-member panel was comprised of R. John Rogers (chair), Elizabeth Cuddihy, Q.C., ICA, and Thomas Manson, Q.C., C.Arb.
The dispute was brought by Visionary Motorsports Ltd. of Edmonton, Alberta. The Complainant sought to transfer the domain name, ClevelandCyclewerks.ca from the Registrant, MC Motorsports Canada Ltd. The Registrant was represented by myself. I also represented the successful Registrant in the first such case where costs were awarded (the forsale.ca case in 2009).
The Panel found that the Complainant had submitted a Complaint which was not "complete and accurate", and that the Complainant had asserted that it had "Rights" in a Trade-mark, when its License Agreement "clearly provided to the contrary". The Panel also found that it was "hard pressed to understand how the Complainant is reasonably able to claim any colour of right to the Trade-Mark", and further stated that "we struggle to understand how the Complainant could believe that it had a "colour of right" to seek transfer of the Domain Name". The Panel also stated that, "there is a very strong suggestion that the Complainant has sought to use this process as a short cut to acquire the Domain Name", and "the Complaint does constitute a serious attempt at RDNH on the Complainant's behalf".
More at: http://domain-name-lawyer.blogspot.com/2013/06/domain-hijacker-ordered-to-pay.html
A panel of three Canadian domain name dispute arbitrators have unanimously determined that a Complainant engaged in Reverse Domain Name Hijacking (RDNH), and also ordered the Complainant to pay $5,000.00 towards the Respondent's legal fees as a consequence. This is only the second case where a Panel has awarded costs to the Respondent in a CIRA domain name dispute.
In Canada, .ca disputes are subject to the Canadian Internet Registration Authority (CIRA) Domain Name Dispute Resolution Policy (CDRP). This particular CDRP dispute was managed by the British Columbia International Commercial Arbitration Centre. The esteemed three-member panel was comprised of R. John Rogers (chair), Elizabeth Cuddihy, Q.C., ICA, and Thomas Manson, Q.C., C.Arb.
The dispute was brought by Visionary Motorsports Ltd. of Edmonton, Alberta. The Complainant sought to transfer the domain name, ClevelandCyclewerks.ca from the Registrant, MC Motorsports Canada Ltd. The Registrant was represented by myself. I also represented the successful Registrant in the first such case where costs were awarded (the forsale.ca case in 2009).
The Panel found that the Complainant had submitted a Complaint which was not "complete and accurate", and that the Complainant had asserted that it had "Rights" in a Trade-mark, when its License Agreement "clearly provided to the contrary". The Panel also found that it was "hard pressed to understand how the Complainant is reasonably able to claim any colour of right to the Trade-Mark", and further stated that "we struggle to understand how the Complainant could believe that it had a "colour of right" to seek transfer of the Domain Name". The Panel also stated that, "there is a very strong suggestion that the Complainant has sought to use this process as a short cut to acquire the Domain Name", and "the Complaint does constitute a serious attempt at RDNH on the Complainant's behalf".
More at: http://domain-name-lawyer.blogspot.com/2013/06/domain-hijacker-ordered-to-pay.html
