Zak Muscovitch Gives BEST Argument EVER for the Legitimacy & Practice of Buying and Selling Domain Names

Morning Folks!!

After Verisign dissed ALL Domain Name Investors and Speculators by their blog post there was a strong response and sometimes emotional response by the domain bloggers and many others including yours truly. Domainers are angry and offended about that. Rightfully so!

Now the dust has settled and Zak Muscovitch (General Council for the Internet Commerce Association) has made a terrific response to and about Verisign on CircleID with an article published this week.

Zak's defense of buying and selling domains is as good as it gets! I will read it over and over as it is filled with PROOF that we we all do is BONA FIDE, LEGITIMATE and happening throughout history. Anyone that says anything else can STUFF IT! Nothing to feel guilty about! Nothing to even defend. We are doing something as old as capitalism is and 1000 years before that!

Rick Schwartz

Now from Zak Muscovitch:

"Domain Investors and Registrars Operate in a Competitive Marketplace

In its aforementioned blog post, Verisign made some unfortunate suggestions that domain name investors and registrars who participate in the domain name aftermarket may be considered "scalpers", and that domain investors' businesses are "questionable". The domain name aftermarket, to the contrary, is entirely lawful, highly competitive, and any profits earned are the result of successful investment in a free and open marketplace.

1. Investment Lawfully Exists in Every Marketplace

Whether in land, a catalogue of Beatles songs,[18] or domain names, investing in assets is a natural by-product of a free and open market. Domain registrants use and risk their own money to lawfully purchase generic and descriptive domain names on a first-come, first-served basis and from prior owners, and they have every right to continue to do so. Domain name investors range from an at-home mom making a casual investment in a handful of names, to a top branding agency that offers for sale thousands of domain names that were registered as a by-product of brainstorming new name candidates for clients,[19] to professional domain name investors who spend substantial money and efforts on building a portfolio and marketing it to the public. Domain names are also sold by companies large and small who originally registered the domain names for future development, defensively, or because having a valuable .com domain name is helpful for their business. Such business activities involving domain names are entirely legal, expected, and natural. There is nothing "questionable" about it. As one commentator recently put it, a domain name investor is engaging in no more "questionable" business activity than a Verisign shareholder who purchases stock in the hopes of reselling it for more than they bought it for and for whatever the market will bear.

Domain name investors risk their own capital to register or purchase a domain name with no guarantee that they will ever see a return on that investment. Domain investors compete with thousands of other market participants around the globe, seeking out desirable domains, and bidding against each other at auctions where the price is set by the market through the combined actions of thousands of participants. Many domain name investors lose money on their acquisitions, as they find that they have overpaid to acquire domain names that others do not regard as an attractive investment or which others do not want.

Investing in valuable generic and descriptive domain names is comparable to investing in vacant real estate. Both investments are made on the basis of an expectation that there will be an appreciation in value upon resale. A businessperson who wishes to open a storefront on 5th Avenue in New York City would expect that land to be already owned. Similarly, it should not come as any surprise that a valuable domain name already has a registered owner, whether it be a professional domain name investor or another kind of business, and that the owner is prepared to sell it at a market-determined price.

2. Professional Domain Investors Control an Estimated 10% of .com Domains

The best estimates are that the holdings of professional domain name investors represent approximately 10% of all registered .com domain names. The other estimated 90% of .com domain names are held by individuals, small businesses, and in the portfolios of large corporations. Those estimated 90% of domain name registrants may never interact with the domain investment community, and may never purchase an aftermarket domain name, but 100% of .com domain name registrants may soon be subject to higher registration and renewal fees from Verisign. As such, if Verisign were permitted to raise the fees for .com domain names, most of the burden would fall on the vast majority of .com registrants who are not domain name investors. It is not enough to excuse a fee increase by saying, "well, it's only a dollar or two more" that registrants are being charged, when that dollar or two more, across the entire class of .com registrants, adds up to billions of dollars in excessive fees.

3. Domain Name Investors Offer a Valuable Service by Providing Liquidity to an Illiquid Market

Domain names are notoriously illiquid investments. The holding period of domain names held by domain name investors can stretch into decades. Yet if an individual or a company wishes to immediately sell a domain name, it is the investor who steps up to provide a ready market and liquidity. If, for instance, a retiring couple who used a valuable generic domain name for their business and now wished to sell it since it was no longer needed has trouble finding an interested end-user buyer, domain name investors will often step in, bid against each other for the right to acquire the domain name, and thereby create a liquid market enabling the couple to quickly convert their domain name into cash. When Yahoo! wished to sell its contests.com domain name, it was put up for auction at a domain investor conference where the winning bidder paid $380,000.[20] Domain name investors allow domain name owners to readily obtain cash for domain names that they no longer need, or may otherwise wish to sell.

4. Domain Name Pricing and Availability Would be Little Different Even in the Imagined Absence of Domain Name Investors

Domain name investors do not set the market value of aftermarket domain names nor do they determine which domain names are desirable — the operation of a competitive marketplace does. Prices and desirability are dictated by the market. If the asking price is set too high, a buyer can choose from a variety of similar domain names available at a range of prices.[21] If a domain name is desirable, it would have been registered long ago even in the absence of domain name investment.

Verisign proposes an unrealistic scenario in which, in the imagined absence of domain name investment, valuable domain names such as Ice.com (bought for $3,500,000) or Super.com (bought for $1,200,000)[22] could be obtained at a standard registration cost of around $10 each. Even if professional domain name investors vanished, high-quality domain names would not be sitting unregistered and the owners of these domain names would seek the market value for them.

For instance, Procter & Gamble was one of the companies in the early days of the Internet with the foresight to register valuable generic dot-com domains, such as the kind favored by domain investors. When they went to sell some of their domain names, such as flu.com, beautiful.com and thirst.com, P&G;was surprised by the high value of those domains in the secondary market. P&G;did not offer those domains for sale at its cost, nor did anyone expect them to.[23] Similarly now that electrical engineer Marcelo Siero has decided to sell the domain name ee.com, which he registered 24 years ago, he is seeking a market price in the millions of dollars,[24] and who would fault him for that?

Twenty years into the evolution of the commercial Internet, and after over 100 million .com domain name registrations, there are almost no domain names of general value sitting unregistered. The net impact on .com domain name availability due to the presence of domain name investors is that domain name investors have registered millions of lower-quality, less desirable domain names that otherwise might have gone unregistered.[25]

5. Verisign Encourages Domain Investing and Has Benefited Greatly From It

Verisign, throughout its history, has encouraged people to invest in domain names and has been a primary sponsor at conferences focused on domain name investing. Verisign had good reason to do so, as domain name investors send tens of millions of dollars to Verisign annually from registering millions of domains that no one else has shown much interest in. The business most benefiting from these registrations is Verisign itself, which receives $7.85 per domain name per year while taking no risk, whereas the domain name investor often loses money on his or her investment.[26]

6. Verisign Sells Domains at Premium Prices

During the "land rush" for the Japanese[27] and Korean[28] versions of its .com domain names, Verisign unilaterally set initial prices on certain keyword domains at over $10,000 each.[29] For instance, Verisign set a premium price on the Japanese version of <blog.com>, which is ブログ.コム. This domain is currently available for first-time registration at a price of $15,000 from Name.com.[30] Our understanding is that while a portion of this price represents a retail mark-up charged by Name.com, the base price set by Verisign was over $10,000. Verisign's criticism of speculators for offering premium domain names at market prices, when Verisign engages in comparable sales, therefore appears to be extremely contradictory."

[18] "McCartney told Jackson about how he had been purchasing other artists' catalogues (such as Buddy Holly's) as a business investment.", see: http://mentalfloss.com/article/85007/how-michael-jackson-bought-publishing-rights-beatles-catalogue

[19] See http://justtheword.com/

[20] https://domainnamewire.com/2009/06/17/yahoo-sells-contestscom-for-380000/

[21] "Finding the right URL can be daunting, but with a little time and effort you can absolutely find a domain that works for your brand — and your wallet!", see https://catchwordbranding.com/catchthis/naming-tips/your-websites-url-an-expensive-com-domain-name-or-these-creative-alternatives/

[22] Source DNJournal.com

[23] See https://www.nytimes.com/2000/06/28/technology/procter-gamble-plans-to-sell-domain-names.html

[24] https://globenewswire.com/news-release/2018/03/07/1417995/0/en/EE-com-Domain-Name-Announced-for-Sale-by-VIPBrokerage-com-DomainAssets-com.html

[25] "While buying up a ton of domains seems like a great way to make some extra money, the real world results show that it is very hard to make that process profitable."; see: https://moz.com/blog/is-buying-domain-names-profitable

[26] https://morganlinton.com/hand-registering-domains-today-is-a-fools-game/

[27] https://blog.verisign.com/domain-names/launch-of-verisigns-first-idn-new-gtld-コム/

[28] https://blog.verisign.com/domain-names/verisign-launches-new-gtlds-for-the-korean-market-닷컴-and-닷넷/

[29] https://domainnamewire.com/2016/06/15/domainers-say-verisign-bungled-first-idn-launch/#comment-2239419

[30] https://www.name.com/domain/search/xn--qckyd1c.xn--tckwe


By Zak Muscovitch, General Counsel, Internet Commerce Association

5th Anniversary of The Procter & Gamble Memorial Day Massacre

Morning Folks!!

Reverse Domain Name Hijacking (RDNH) may not have LEGAL consequences but it does have other consequences!

5 Memorial Days ago back in 2013 something pretty memorable happened. Let's revisit the Procter & Gamble Memorial Day Massacre in which the entire upper echelon of P&G were FIRED!

The CEO, Mr.McDonald, steps down "effective immediately" at the beginning of Memorial Day weekend on May 23rd.  "Robert McDonald's four-year struggle to adapt Procter & Gamble Co. to a new world of more frugal consumers and tougher global competition has come to an abrupt end."

My thoughts at the time:

http://www.ricksblog.com/2013/06/proctr-gambles-biggest-management-shakeup-in-100-years/#.WwqDwS-ZN0t

My open letter to P&G about being found GUILTY of RDNH. And I ALWAYS spell it out for SEARCH! REVERSE DOMAIN NAME HIJACKER! P&G found GUILTY by an esteemed worldwide panel of the World Intellectual Property Organization. P&G GOT SPANKED BIG TIME! NOT BY ME, BUT BY THE PANEL. OUR JOB IS TO CIRCULATE THE EVIDENCE! Our job is to remind folks.

http://www.ricksblog.com/2013/03/procter-and-gamble-found-guilty-of-reverse-domain-hijacking-an-open-letter-to-ceo-mcdonald/#.WwvVZy-ZN0s

So Why were they all fired? We may never know. Then again it is my belief that the Swash.com Reverse Domain Name Hijacking was the very last straw. For a measly $30,000 P&G and their management team were able to flush a 100 year old brand right down the toilet. As I said then, "It's a stain even Clorox can't get out." They deserved to be fired!

Since there are no penalties, it is up to us to remind the world of these attempted thefts and let them be the final judge. P&G stock back then was trading at $77/share. Now, after the greatest run up in stock exchange in history from 15,000 to 25,000, they are trading at $5/share less. Ooops!

See this decision is indicative of other bad decisions they make and how it has hurt their brand and their business. The company was founded by William Procter and James Gamble in 1837. Probably not the way they would have handled things. Management let them down and it is unforgivable. I am sure most people could understand a $186 BILLION company trying to screw someone for $30k. Right?

And props to their legal team for such a job well done. Not one of you FOOLS warned them the peril they were putting themselves in? I bet your billing was more than $30k Keating Muething & Klekamp PLL, United States of America. They got to pay people to be STUPID!?

John Berryhill a famed attorney in the doman space mopped the floor with these fools! And they deserved it. I have read many decisions on Reverse Domain Name Hijacking. FEW if ANY are quite like this judgement. P&G and their IDIOT LAWYERS got spanked! They hired a law firm to STEAL for them and the Law Firm Keating Muething & Klekamp PLL, United States of America either lacked integrity or don't have any business in this arena. Maybe BOTH!

So Happy Memorial Day to all of you. This stain follows Procter and Gamble and Keating Muething & Klekamp PLL, http://www.kmklaw.com FOREVER!

Guess who owns the name Swash.com today? It's even in Wikipedia!
https://en.wikipedia.org/wiki/Swash_(brand)

This Privacy Statement describes how Go Unlimited LLC, a joint venture between Whirlpool Corporation (“Whirlpool”) and The Procter & Gamble Company (“P&G”) (Whirlpool and P&G, collectively, the “Affiliates”) will collect, use and disclose your Personal Information (as defined below) and applies to customers in the United States. Swash is a brand of Go Unlimited LLC and, in this Privacy Statement, “Go Unlimited, LLC” and “Swash” will be used interchangeably.

And instead of paying $30k, they have paid an invisible price that could be many many millions regardless of the price actually paid for the name just a few days after the decision.

Based on reporting by Marchex in which they sold 50 domain names with an average price of around $27,000 during Q1 of 2013, I would imagine that the selling price might have been only $50k-$100k. Marchex left at least $400,000 on the table. But $30,000 was way too cheap to begin with and P&G and their idiot hijacking lawyers were to busy being bullies to know or understand that!

https://www.thedomains.com/2013/04/29/marchexs-archeo-sells-1-4m-in-domains-in-4th-q-2012/

And when you do a Google search for these Reverse Domain Name Hijackers like Frands Jepsen, who tried to Hijack my very own Queen.com, look at the Google results you get! The Internet is written in INK fellas!

Frands Jepsen Convicted Domain Name Hijacker of Queen.com 

 

Márcio Mello Chaves Convicted Domain Name Hijacker of SaveMe.com

 

Bob McDonald CEO Procter & Gamble Convicted Domain Name Hijacker of Swash.com

http://www.HallofShame.com

We all have a JOB and a DUTY to continuously circulate these stories, not forget about them and remind these people and companies along with their lawyers and their customers about their wrongdoings. To my knowledge, no CONVICTED REVERSE DOMAIN NAME HIJACKER has ever made a public apology! And for those that continuously put down efforts to do this because there are no laws and likely never will be, YOU may as well be part of the problem! SAVE IT!

Have a GREAT Day Fellas!!

Rick Schwartz

Queen.com Hijacking by Frands Jepsen of Knud Jepsen, Denmark, Foiled by WIPO

Evening Folks!!

The SECOND to last thing I want to do is blog again. But the LAST thing I want to do is allow a THIEF like Frands Jepsen of Knud Jepsen from Denmark and his attorney  Marie Lykke Kristiansen of Patrade A/S Denmark to get away without paying a substantial and LONG LASTING price!!

So I am minding my own business and read that my domain, Queen.com that I bought in 1997 and was first registered in 1995 was the subject of a WIPO action claiming Trademark Infringement! I laughed cuz whoever the FOOL and the INEPT attorney representing the fool was to go after a name that I owned for just short of 20 years was going to have their lives altered in a way they could never even imagine. Like a mugshot permanently hung up for the entire world to see. Blogs, news, social media. All out of their control but allowed others control of THEIR reputations. A costly mistake by THIEVES to try and steal a multi-million dollar asset. Cute! Caught! Game over for YOU, just starting for ME.

For the record, I am a TERRIBLE steward of reputations for THIEVES and would-be hijackers. No reputation repair company can EVER help them. They EARNED the name "Reverse Domain Name Hijackers" by an esteemed International panel of 3 and they will bear that moniker for eternity. My problem is now THEIR problem.

Here are the employees of Knud Jepsen from Denmark and doing business at Queen.dk. Led by Frands Jepsen (below) ceo/owner and I assume other employees that are responsible. Now CONVICTED of "REVERSE DOMAIN NAME HIJACKING" (RDNH). Represented by Marie Lykke Kristiansen of Patrade A/S Denmark who should have known better! SHAME ON YOU and your LAW FIRM! "Accomplices" in a hijacking. Like driving the getaway car!

Since there is no prison time nor is there even a monetary penalty for their attempted theft, it is up to domain and business owners like myself to tell EVERYONE.

Cattle Rustlers used to be HUNG! The only tool we have is public shaming and humiliation. The Internet is written in INK. Their names will be forever associated with their Reverse Domain Name Hijacking. Even though it was not successful, it cost me $5000 to defend my own property and time and all the other crap! Well, I am here for my POUND OF FLESH Frands Jepsen and Company. You had your turn, now it is my turn!

$2 Million was the price I quoted your representative Karen Mogelvang from your Marketing & Branding Department in 2015. Matter of fact, I never even answered her first email. I blew her off. She had to email me again before I responded. Glad I did, helped me win the case! In the decision it states:





  1. The Complaint (That's you Frands) lacks candour (That means: the quality of being open and honest in expression; frankness is MISSING) in that it makes no mention of the Complainant's unsuccessful approach to buy the Disputed Domain Name from the Respondent.





I sent an email (see in italics below) and tried to warn Frands Jepsen of the consequences he and his company AND his lawfirm, Patrade A/S, Denmark would face after their conviction. Now Frands you pay the price for trying to STEAL a domain you did not want to pay $2 Million for. The 3 member panel that UNANIMOUSLY convicted you called it a classic "Plan B".

"In the Panel's view, this is a classic "Plan B" case where a party, having been frustrated in its negotiations to buy a domain name, resorts to the ultimate option of a highly contrived and artificial claim not supported by any evidence or the plain wording of the UDRP. This stratagem has been described in many UDRP cases as "a highly improper purpose" and it has often contributed to findings of RDNH"

In lay language. You are CHEAP BASTARDS that abused the administrative proceeding of the World Intellectual Property Organization (WIPO). You tried to use them to STEAL from ME! And for that, you get what Frands Jepsen, employees and their lawyers deserve. To be exposed throughout the world. My job will be done when your NEIGHBORS know you are a THIEF!

Did I get an apology? NO! Did they send me $5000 to reimburse me? NO! Scoundrels and THIEVES seldom do. But I am entitled to bring a Federal action with a minimum $100,000 award PLUS attorney fees etc etc.

Frands Jepsen of Knud Jepsen, Owner and CEO tried to steal my business. I am going to teach Frands Jepsen and all connected an Internet lesson they will never forget. There are now multiple articles about this attempted hijacking of Queen.com. Twitter discussions. Linkedin discussions. Blog posts. My job is CIRCULATION Frands! I want the world to know you tried to HIJACK the QUEEN!

Hope you comment. But I am sure you are a COWARD as well as a THIEF! Oh well, there is a dictionary of adjectives I will use to describe you in the coming years.

So with that in mind, you have been inducted into HallofShame.com where I list Reverse Domain Hijackers like Frands Jepsen. You may want to read my article on Procter and Gamble who did a similar thing for a $30,000 domain. Now that is a STAIN that even Clorox can't get out. Was it a coincidence that the CEO and his team were fired 90 days after the Reverse Domain Name Hijacking decision and MY articles? The biggest company shakeup in 100 YEARS!!??? I DON'T BELIEVE SO!!

Let me share my UNANSWERED email to Frands with my readers. I am a man of my word:

Hello Frands,

I am going to file suit against YOU and YOUR COMPANY for interfering with my business.
YOU will be labeled a "reverse domain name hijacker" (GO LOOK IT UP) and the world will see it. Your lawyers and employees too. 

Check out what I did to the last MORON that tried to STEAL from me. http://www.saveme.com 
And I have reserved a spot for YOU, YOUR EMPLOYEES and your Attorney on http://www.HallofShame.com where it will be for eternity!

Campbells tried to get LadyGodiva.com from me. THEY LOST!
Lilly Company tried to get Goofoff.com from me. THEY LOST!

And you, YOU will be the BIGGEST LOSER EVER because we are talking about a multi-million dollar domain.I don't like THIEVES and sir, that is what YOU are!

I will exercise my right of FREE SPEECH on Twitter so folks FAR and WIDE know. Your NEIGHBORS and FAMILY will know. And after I win and you are slapped with a "Reverse Domain Name Hijacker" moniker, I will present in Federal Court for substantial DAMAGES. I am going to make you infamous to all in DENMARK and beyond. Present this as evidence I don't give a crap. I HATE THIEVES!

Good thing YOU will be CAUGHT and in front of the entire world! The Internet is written in INK and this attempted theft will follow you, your company and your family to the day you die. 



Can't wait for your WIPO complaint so I and my attorney can make you look like FOOLS and THIEVES! And when it is over, the answer is NO. No, I will NOT remove any reference to what you and your company did and I will make you and your company the NEWEST POSTER BOY for DOMAIN HIJACKING! I will call YOU a HIJACKER for many YEARS! Ask around Frands, Do some research. YOU picked the wrong guy to steal from! Please don't blame me for what is to come. YOUand your ATTORNEY brought this on yourself.



btw, check out the Clorox stories of Procter and Gamble I wrote about: http://www.ricksblog.com/?s=procter#.WOTKYlLMxZ0n
  They will NEVER remove that stain. CEO got fired for it!

 

So, a PROMISE KEPT! I tried to warn him. Fell on deaf ears. Just crickets! Ignoring concerns on the Internet is a recipe for disaster no matter who tries it. Every single time and folks NEVER learn. They watch others go down in FLAMES and just follow the same idiotic path.

And this exercise is for the next FOOL, that tries to steal from ME or possibly anyone else!

Frand Jepsen and his company Knud Jepsen are hereby awarded the distinction of HallofShame.com Poster boy for 2017. In the coming days YOU will have YOUR FACE and your attorney plastered on HallofShame.com HOME PAGE as well as Queen.com. Frands, you will be the STAR of Queen.com. Or shall I say the QUEEN of Queen.com? But only until circulation hits critical mass. Then back to where it was pointed before! So don't think you are any better off then you were. Eventually you will figure it out and know how badly you screwed up. The screwup of a lifetime! Only about 35 companies/people a YEAR are CONVICTED of Reverse Domain Name hijacking out of some 300 MILLION domain names WORLDWIDE. That puts you in a very exclusive group of ASSHOLES, FOOLS, MORONS and IDIOTS! I am sure my readers could spend DAYS pinning adjectives on you and your attempted hijacking. Remember to update your résumé with your new title Frands.

At least we finally found out WHO is "Rotten in Denmark", Frands Jepsen and his company Knud Jepsen and attorney Marie Lykke Kristiansen of Patrade A/S Denmark. Did you guys learn anything or are you just jumping up and down angry?

And should ANY of you threaten me for circulating FACTS, then I will go into HIGH GEAR! Believe me, I am still on "Cruise Control" guys.

Poke a SLEEPING Lion once and he may keep sleeping. Do it twice he will DEVOUR ALL of you in whole!! BURP!

Here is their Facebook page in case you would like to wish them luck. I used google translator to post in Danish: https://www.facebook.com/pg/QueenFlowersdk/posts/

Have a GREAT Day!
Rick Schwartz

PS: A big THANK YOU to Zak Muscovitch for presenting a MASTERFUL case. I may even release our entire argument. Text Book PERFECT!

PS2: If your comment is "Long" the "Post button" may disappear on some browsers. We are addressing the issue but may be a few days. Please try and separate into smaller posts until then. Thanks!

Danish Translation

Aften folkens !!

Den anden til sidste ting, jeg vil gøre, er blog igen. Men det sidste, jeg vil gøre, er at tillade en TJOR som Frands Jepsen fra Knud Jepsen fra Danmark og hans advokat Marie Lykke Kristiansen fra Patrade A / S Danmark at komme væk uden at betale en betydelig og langvarig pris !!

Så jeg tænker på min egen virksomhed og læser, at mit domæne, Queen.com, som jeg købte i 1997 og blev registreret første gang i 1995, var genstand for en WIPO-aktion, der påberåber varemærkes overtrædelse! Jeg lo cuz hvem den FOOL og den INEPT advokat, der repræsenterer idioten, skulle gå efter et navn, jeg ejede i bare kort 20 år, ville få deres liv ændret på en måde, de aldrig kunne forestille sig. Ligesom en mughot hang permanent for hele verden at se. Blogs, nyheder, sociale medier. Alt er uden for deres kontrol, men tillod andre kontrol over deres omdømme. En kostbar fejl ved THIEVES at forsøge at stjæle et multi-million dollar aktiv. Cute! Fanget! Spil over til dig, lige begyndt for mig.

Til posten er jeg en FORFÆRDELIG steward af omdømme for THIEVES og ville være kapere. Intet omdømme reparationsfirma kan nogensinde hjælpe dem. De har EARNED navnet "Reverse Domain Name Hijackers" af et anerkendt internationalt panel på 3 og de vil bære den moniker for evigheden. Mit problem er nu deres problem.

Her er medarbejderne hos Knud Jepsen fra Danmark og forretninger på Queen.dk. Ledet af Frands Jepsen (under) ceo / ejer og jeg påtager sig andre medarbejdere, der er ansvarlige. Nu BEKRÆFTET af "REVERSE DOMAIN NAME HIJACKING" (RDNH). Repræsenteret af Marie Lykke Kristiansen fra Patrade A / S Danmark, som burde have kendt bedre! SKAM PÅ DIG OG DERES LOVFIRM! "Akkompagnementer" i en kapring. Kan lide at køre flugtbilen!

Da der ikke er nogen fængselstid, og heller ikke er der en monetær straf for deres tyveri, er det op til domæne- og virksomhedsejere som mig selv at fortælle alle.

Kvæg Rustlers plejede at være HUNG! Det eneste værktøj, vi har, er offentlig shaming og ydmygelse. Internettet er skrevet i INK. Deres navne vil altid være forbundet med deres Reverse Domain Name Hijacking. Selvom det ikke lykkedes, kostede det mig $ 5000 for at forsvare min egen ejendom og tid og alle de andre crap! Nå, jeg er her for min PUND OF FLESH Frands Jepsen og Company. Du havde din tur, nu er det min tur!

$ 2 millioner var prisen jeg citerede din repræsentant Karen Mogelvang fra din Marketing & Branding afdeling i 2015. Faktisk svarede jeg aldrig selv sin første email. Jeg sprængte hende ud. Hun måtte e-maile mig igen, før jeg svarede. Glad jeg gjorde, hjalp mig med at vinde sagen! I beslutningen hedder det:

Klagen (det er du Frands) mangler godhed (Det betyder: kvaliteten af ​​at være åben og ærlig i udtryk; åbenhed er MISSING), fordi det ikke nævner Klagerens mislykkede tilgang til at købe det omtvistede domænenavn fra respondenten.
Jeg sendte en email (se kursiv nedenfor) og forsøgte at advare Frands Jepsen om de konsekvenser, som han og hans firma OG hans advokatfirma Patrade A / S, Danmark ville møde efter deres overbevisning. Nu, Frands betaler du prisen for at forsøge at STEAL et domæne, du ikke ønskede at betale $ 2 millioner til. Det 3-medlemspanel, som UNANIMOUSUS dømte dig, kaldte det en klassisk "Plan B".

"I panelets opfattelse er dette en klassisk" Plan B "-sag, hvor en fest, der har været frustreret i sine forhandlinger om at købe et domænenavn, er den ultimative mulighed for en stærkt konstrueret og kunstig påstand, der ikke understøttes af noget bevis eller Klart formulering af UDRP. Denne strategi er blevet beskrevet i mange UDRP-tilfælde som "et meget ukorrekt formål", og det har ofte bidraget til resultaterne af RDNH "

På sproget. Du er CHEAP BASTARDS, der misbrugte den administrative procedure fra World Intellectual Property Organization (WIPO). Du forsøgte at bruge dem til at stjæle fra mig! Og for det får du, hvad Frands Jepsen, medarbejdere og deres advokater fortjener. At blive udsat i hele verden. Mit arbejde vil blive gjort, når dine naboer ved, at du er en tøf!

Fik jeg undskyldning? INGEN! Har de sendt mig $ 5000 for at refundere mig? INGEN! Scoundrels og THIEVES gør sjældent. Men jeg har ret til at bringe en føderal handling med mindst $ 100.000 tildeling PLUS advokatgebyr mv mv.

Frands Jepsen fra Knud Jepsen, ejer og CEO forsøgte at stjæle min virksomhed. Jeg skal lære Frands Jepsen, og alle har tilsluttet en internet-lektion, de aldrig vil glemme. Der er nu flere artikler om dette forsøg på kapring af Queen.com. Twitter diskussioner. Linkedin diskussioner. Blogindlæg. Mit job er CIRCULATION Frands! Jeg vil have verden til at vide, at du forsøgte at HIJACK DROTTEN!

Håber du kommenterer. Men jeg er sikker på at du er en COWARD såvel som en TYPE! Åh ja, der er en ordbog med adjektiver, jeg vil bruge til at beskrive dig i de kommende år.

Så med det i tankerne er du blevet introduceret i HallofShame.com, hvor jeg nævner Reverse Domain Hijackers som Frands Jepsen. Du vil muligvis gerne læse min artikel om Procter og Gamble, som gjorde en lignende ting for et $ 30.000 domæne. Nu er det en STAIN, at selv Clorox ikke kan komme ud. Var det tilfældigt, at administrerende direktør og hans team blev fyret 90 dage efter domænenavnets kapacitetsbeslutning og mine artikler? Det største selskab shakeup i 100 år !! ??? Jeg tror ikke så !!

Lad mig dele min UNANSWERED email til Frands med mine læsere. Jeg er en mand af mit ord:

Hej frands

Jeg skal klage over dig og din virksomhed for at forstyrre min virksomhed.
Du vil blive mærket med et "reverse domain name hijacker" (se det op), og verden vil se det. Dine advokater og medarbejdere også.

Se, hvad jeg gjorde til den sidste Moron, der forsøgte at stjæle fra mig. http://www.saveme.com
Og jeg har forbeholdt dig, dine medarbejdere og din advokat på http://www.HallofShame.com hvor det vil være for evigheden!

Campbells forsøgte at få LadyGodiva.com fra mig. DE TABTE!
Lilly Company forsøgte at få Goofoff.com fra mig. DE TABTE!

Og du vil du være den største LOSER, EVER, fordi vi taler om et multi-million dollar domæne. Jeg kan ikke lide THIEVES og herr, det er det du er!

Jeg vil udøve min ret til GRATIS TALE på Twitter, så folk, FAR og WIDE, ved. Dine naboer og familie vil vide. Og efter at jeg har vundet og du er slået sammen med en "Reverse Domain Name Hijacker" -moniker, vil jeg præsentere i Federal Court for betydelige skader. Jeg vil gøre dig berygtet over for alle i DANMARK og ud over. Præsentér dette som bevis, jeg giver ikke noget skit. Jeg hader dem!

Godt, du bliver CAUGHT og foran hele verden! Internettet er skrevet i INK, og dette forsøg på tyveri følger dig, din virksomhed og din familie til den dag du dør.

http://www.hallofshame.com
http://www.RDNH.com

Kan ikke vente på din WIPO-klage, så jeg og min advokat kan få dig til at ligne FOOLS og THIEVES! Og når det er overstået, er svaret nej. Nej, jeg vil IKKE fjerne nogen henvisning til hvad du og din virksomhed gjorde, og jeg vil gøre dig og din virksomhed til den nyeste POSTER BOY for DOMAIN HIJACKING! Jeg vil kalde dig en HIJACKER i mange år! Spørg omkring Frands, lav lidt forskning. Du har valgt den forkerte fyr til at stjæle fra! Vær venlig at bebrejde mig for, hvad der skal komme. Du og din advokat bragte dette på dig selv.

Btw, tjek Clorox historierne om Procter og Gamble jeg skrev om: http://www.ricksblog.com/?s=procter#.WOTKYlLMxZ0n De vil ALDRIG fjerne den plet. CEO blev fyret for det!

Så, en PROMISE KEPT! Jeg forsøgte at advare ham. Fæld på døve ører. Bare crickets! At ignorere bekymringer på internettet er en opskrift på katastrofe, uanset hvem der prøver det. Hver eneste gang og folk lærer ALDRIG ikke. De ser andre gå ned i FLAMES og følg bare den samme idiotiske vej. Og denne øvelse er til den næste FOOL, der forsøger at stjæle fra ME eller muligvis nogen anden!

Frand Jepsen og hans firma Knud Jepsen bliver hermed tildelt sondringen af ​​HallofShame.com Poster-dreng i 2017. I de kommende dage vil du have dit ansigt gipset på HallofShame.com såvel som Queen.com. Frands, du vil være STAR Queen.com. Eller skal jeg sige QUEEN of Queen.com?

I det mindste har vi endelig fundet ud af, hvem der er "Rotten i Danmark", Frand Jepsen og hans firma Knud Jepsen og advokat Marie Lykke Kristiansen fra Patrade A / S Danmark. Har du læst noget, eller er du bare ved at hoppe op og ned vred?

Og skal nogen af ​​jer true mig for at cirkulere FAKTA, så går jeg ind i HØJ GEAR! Tro mig, jeg er stadig på "Cruise Control" guys.

Poke en SLEEPING Lion en gang, og han kan blive ved med at sove. Gør det to gange, han vil DEVOR alle jer i helhed !! Bøvse!

Hav en god dag!
Rick Schwartz

PS: En stor Tak til Zak Muscovitch for at præsentere en MASTERFUL sag. Jeg kan endda frigive hele vores argument. Tekstbog PERFEKT!

BREAKING!! Former CEO of Procter and Gamble During Swash.com Reverse Hijacking set to be Named Obama V.A. Secretary!

Afternoon Folks!!

In just a few minutes President Obama is set to nominate Bob McDonald to head the Department of Veteran Affairs whom you might remember was the CEO of Procter and Gamble when they were convicted of trying to reverse hijack the domain name Swash.com.

In what was I believe the greatest shakeup in 100 years at Procter and Gamble when then CEO Bob McDonald and his nearly entire army of executives were forced to step down.  I contend it was over the Swash.com Reverse Domain Name Hijacking decision as a final straw in which I wrote about extensively. Below is that exact post.

But I also called for his resignation as you can read below as well back in March of 2013:

 

Morning Folks!!

I am not happy that Procter and Gamble has been found guilty of Reverse Domain Name Hijacking but I am going to milk this story for every ounce it is worth and it may take me YEARS to do it. When it comes to Domain Names, Procter and Gamble was a guiding light in my book. Great respect because they figured it out. Even tho I vaguely recall them dumping a bunch of domains years ago. I think I might have gotten 1 or 2.

Reverse domain name hijacking (also known as reverse cybersquatting), occurs where a trademark owner attempts to secure a domain name by making false cybersquatting claims against a domain name's rightful owner. In this case not only did P&G make false claims, they also lied outright to the governing panel and got caught!

See when I started, P&G was already out there getting domain names or soon thereafter. So they understood about domain names very early. It is that reason that what they did is particularly troubling. I always liked and respected Procter and Gamble because they always moved well with the time and of course I like everyone else use a lot of their products. But all our lives. All my parents lives. All my grandparents lives and half of the life's of their parents before them. Whew!

They are the warm and fuzzy company that gave us many soap operas and toothpaste and all types of other things we use each and every day. They perfected the TV commercial long before any of us were even in the game or born. So it makes me sad to learn one of my heroes is now a would-be thief had the other party not fought back and exposed their fraud! Well done John Berryhill!

Who made that decision? Who was responsible for P&G overstepping in this outrageous manner? So outrageous that a 3 member panel called them out in a way I don't think I have seen before. Saveme.com case had very strong language. But this language seemed to be harsher in tone. I guess it is open to interpretation. But maybe because it was slapping a business giant as if he had no more standing than you and me. BRAVO!!

I am not mad at them. I am going to use Procter and Gamble to make many points over the next YEARS! Let companies KNOW if P&G is convicted of Reverse Domain Name Hijacking, you will be too if you engage in this despicable act. But I would just as well have them tell the story. I'd like to ask why a company worth billions would STAIN their reputation with this act that the common man would find appalling? Why would they not just come to an agreement with the owner? Now they pay the price and the price is priceless. How stupid is that??

I am angry, upset and most of all disappointed in a company that wrote the book on marketing and other things. They were true leaders of an era. Of many eras.

So what MORONIC company wants to be NEXT!!?? Who made the decision to do this? Why did they do it? What transpired that allowed them to risk so much for so little?? That's what I really don't get.

I am very disappointed. I am still going to use their products but they can't force me to look at their company the same ever again. These companies are playing with fire.

Maybe they should do some research into history and see what some little old ladies did to big companies that tried to build malls where their homes were located. This is akin to that. But in an age like this news flies and it is in ink.

Some SCHMUCK working at SOME DEPARTMENT at Procter and Gamble, decided it was worth GAMBLING the reputation of a 172 year old company. 135,000 employees. $79 BILLION in sales in 80 countries. And they had to try and muscle some guy with a domain? What would you call that Mr. CEO of Procter and Gamble?? I CHALLENGE you Mr. McDonald to come to our trade show and explain it to this audience and the wider audience? I CHALLENGE YOU!!??

Wow! What a HUGE blunder. What have you learned? Are you going to use the same tactics again? Are you pissed at me? Maybe you should be pissed but I am not the one you should be pissed at. I would be pissed at the person, department or firm that put the reputation of your 172 year old company on the line and LOST!!??

Besides all this your company, P & G, was found to misrepresent facts to the panel. Nice touch! Were you personally involved in that decision? You should RESIGN TODAY if you were. This is all my personal as well as professional opinion. I'll assume you were not involved in a low level decision that was this stupid and worse.

What say you Mr. McDonald? Personally I am just disappointed that a company I have always looked up to would stoop to this. I am sorry for the bluntness of this post but our industry has suffered from corporate bullies for nearly 20 years and this time the giant of em all went down and went down very hard. Very hard! A company that otherwise has been very wise in their domains and how they have conducted themselves. But now this STAIN and none of your STAIN REMOVERS will be effective on this.

Mr. Berkens points out that your folks LIED to the panel when your company said they did $40 Million in business on the 'swash' product.

“The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000.”

“When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000.”

Most importantly Mr. Berkens points out one last thing:

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

So your company LIED Mr. McDonald in an effort to STEAL a domain that belongs to another company, Marchex, which just as easily could have been some mom and pop in Iowa that could not defend themselves and let you have the domain. You now join our 'Hall of Shame' and each time somebody is convicted of Reverse Domain Name Hijacking, we repost the entire list. Congrats!

So let me ask you directly Mr. McDonald, How many domains has your company gotten that it had to LIE about? Or that they had to make folks spend money they did not have to defend what was rightfully theirs and is now yours? Tell us that. Isn't that a fair question in light of what has happened? Maybe you should WANT to find out. WANT to make it right. If I have something wrong, please let me know.

Sir, I have been doing this for 18 years and what your company did is troubling and it is something that we as risk takers have had to UNFAIRLY endure. There is a free market place. Use it, don't abuse it. Right now you and your 172 year old company have to live with this. It probably means nothing to you but it may mean the WORLD to somebody else. So to get our message out we need to SHAME companies that engage in this abuse as there is no penalty for what we just saw happen. They just walk away.

McdonaldBob McDonald. CEO since 2009

Here is a list of Procter and Gamble Products. The asterisk are their *Billion Dollar Brands*. Come on Mr. McDonald. What say you about this? You sound like a stand up guy that served your country and company well. You have been with the company for 33 years. Don't you want to get to the bottom of this as well? Who put the companies good name in jeopardy for this? Who lied? What idiot is responsible? Marketing? Legal? Finance? Who? How many? Why would you allow this embarrassment to occur again or are you too big to be embarrassed? Any other abuse in the name of your 172 year old company. I sure as hell would want to know if I were in your position.

So we are forced to use Procter and Gamble as an example to sway the next MORON or the next company not to get involved with this despicable act of Reverse Domain Name Hijacking (RDNH). Help us do that Mr. McDonald and you will find an ally and we can call it a great day!

And as I read the history of the company I stopped as it described the 'Joint Venture' that started this company back in 1837. Wonder what Mr. Procter and Mr. Gamble would have done given the same circumstance? Before they even had billions? My instinct says they would have acted in a different manner and somebody there violated a 172 year old trust just because he or she was a cheap bastard that played fast and loose with the facts and refused to pay either fair market value or find an alternative.

Regretfully,

Rick Schwartz

http://www.ricksblog.com/2013/06/proctr-gambles-biggest-management-shakeup-in-100-years/#.U7GX4xYtQ6I

 

And here is the original post on the hijacking:

http://www.ricksblog.com/2013/03/reverse-domain-hijacking-and-the-virtual-scarlett-letter/#.U7GaOBYtQ6I

 

Morning Folks!!

Let's not minimize or maximize the Reverse Domain Name hijacking (RDNH) decision that came down against Procter and Gamble (P&G) over Swash.com back in March. But for a stellar company like P&G it is a black eye they should have never gotten.

So lets just deal with a few facts. This was what I wrote about the fallout back then.

This was my open letter to the CEO Bob McDonald that followed.

That was besides personally contacting each and every communications director for a comment without a single response.

But let's look and see what has happened in the days since. Exactly 90 days if you are counting.

The CEO, Mr.McDonald, steps down "effective immediately" at the beginning of Memorial Day weekend on May 23rd.  "Robert McDonald's four-year struggle to adapt Procter & Gamble Co. to a new world of more frugal consumers and tougher global competition has come to an abrupt end."

bobceo

Did "Frugal" (another word for CHEAP) include giving him or those that report to him the order to try and grab Swash.com?

But that is not all. Then just DAYS later P&G announces "Organization changes". MASSIVE changes. I then asked myself when in my lifetime did I ever see a shakeup like this at Procter and Gamble and I just can't remember one. Can you? They even picked the former ceo A.G. Lafley to get the compnay back on track. Both men in the industry for well in excess of 30 years.

lafleyjpg-4c2b2efd654c4661
A.G. Lafley. Chairman, CEO, President

Straw that broke the camels back? I guess we will never know. But it was a straw and that STAIN remains with this company FOREVER! It happened and somebody in their organization made a very costly and unfortunate mistake. A mistake that could rise to the level of ending a career.

So as domain name investors this is a case we can point other would-be hijackers to which will let them know that no company no matter how big or small are immune to a decision like this and the repercussions that come both personally and professionally. Ignorance is no longer an excuse.

Have a GREAT Day!

Rick Schwartz

All that said, and without being too political, I certainly wish him well in trying to fix the problems that loom at the V.A. that really has a lot of people upset across the political spectrum.

On The Record! Jaguar and Land Rover Added to RDNH List! #45

Evening Folks!!

I am sure you are sick of reading these and I am sick of posting them. But what has to be has to still be done to stop Reverse Domain Name Hijacking.

As I posted on Monday, Jaguar/Landrover is the most recent Fortune 500 Company found GUILTY of Reverse Domain Name Hijacking. They Join Procter & Gamble as the 2nd fortune 500 to risk tarnishing their respective brands this year. Will there be a company wide shake up? Time will tell.

The attempt was so blatant, that the panel found for the respondent without the respondent even answering the complaint. A HUGE VICTORY for all!! But this is a really  GREAT case because there was no response by the domain owner and the panel still found Jaguar/LandRover guilty of RDNH. Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA got defeated by a ghost. How does a debacle like this unfold?

I will repost the following post each and every time there is a Reverse Domain Name Hijacking Decision. The best thing domain owners can do is Tweet, Like, Post and/or Share. So just don't sit there! You CAN do something to circulate these offenders. So do it! That's REAL SEO! I need your HELP. I can't do this alone. Charity starts at home and that means protecting what is yours. 

Want to stop RDNH and get the $$$ instead of a NAF or WIPO action? THIS is the way to start. Someday there WILL be a legal and CRIMINAL penalty but until then there IS a social penalty if YOU CHOOSE. And believe me, the social penalty is MUCH more severe than a fine that can be easily absorbed and forgotten about. This is PERMANENT! THEY have to live with the social consequences of their actions. The best thing you can do is Tweet, Like and/or Share instead of throwing your hands up in the air and doing NOTHING! Doing nothing is what these little pricks count on! Let them know! I can only do so much and I need your help to DEFEAT this practice.

 

Morning Folks!!

There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.

When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.

So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!

Go to Google or go to Bing and search for Márcio Mello Chaves or Marcio Mello Chaves.

THAT is how SEO REALLY works!!!

RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!

Search procter and gamble domains. You no longer get a list of domains they own.

Search Jaguar or LandRover. Because of this, they too are subject to being reminded that what they did was so over the top it is permanent.

Tell me how much it is worth to undo what can't be undone and they are responsible for?

And reputation management software?? HATE IT! And thankfully it does not work! Most folks don't need to repair the reputations. They just do things the right way to begin with. Not so much in corporate America.

So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount".  But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!

The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.

So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.

Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!

I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and  life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??

Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.

Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process. 

I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!

Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would  take real balls to fire P&G. They might lose the account? Wonder if they were fired?

So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!

And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.

Rick Schwartz

 

Here is the current list I have of RDNH cases with our newest inductee. This list that the NEXT SCHMUCK gets to join and LIVE WITH!

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and Jaguar/Landrover and many others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 45 such cases so far of RDNH and this resource has 150 or more. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in?

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC(“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc(“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online AdviceWIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Hatami of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc(“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

Case #43 Complainant is Aptus Tech LLC (“Complainant”), represented by Max Moskowitz, of Ostrolenk Faber LLP, New York, USA.  Respondent is Name Administration Inc. (BVI)(“Respondent”), represented by John Berryhill, Pennsylvania, USA

Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, has now been found GUILTY of Reverse Domain Name Hijacking. (RDNH)

"In this case, the evidence indicates that Complainant clearly knew that the disputed domain name was registered many years before it could establish rights in the KLIPZ mark and, thus, that it would not be able to establish that the disputed domain name was registered in bad faith, which is one of elements one must establish in order to prevail under the Policy."

Case #44 Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com Respondent is Alberta Hot Rods (“Respondent”), represented by Ari Goldberger of Esqwire.com Law Firm, New Jersey, USA.

"According to the majority of the Panel, not only did the Complainant present its Complaint when it was obvious that it could not succeed, it actually pressed its case by submitting an Additional Submission which did not address the key issue raised by the Respondent.  The Complainant thus harassed the Respondent by pursing the Complaint after the Complainant knew it to be insupportable.

A minority of the Panel is of the view that reverse domain name hijacking should not be found without evidence of some knowing effort to seize someone else's intellectual property.  However, the minority accepts the majority’s view.

Consequently, the Panel finds that the Complaint was submitted in an attempt to the hijack the Respondent’s domain name."

Case #45 Jaguar/Land Rover is the latest to have been found GUILTY of Reverse Domain Name Hijacking (RDNH) on the domain name MountainRovers.com. Complainant is Jaguar Land Rover Limited (“Complainant”), represented by Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA.

The attempt was so blatant, that the panel found for the respondent without the respondent even answering the complaint. A HUGE VICTORY for all!! But this is a really  GREAT case because there was no response by the domain owner and the panel still found Jaguar/LandRover guilty of RDNH. Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA got defeated by a ghost. How does a debacle like this unfold? You assume you are dealing with top notch professional folks at every level.

 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz

 

Consuela, LLC represented by Erik Paul Belt of McCarter English, LLP, MA, USA, GUILTY, Reverse Domain Name Hijacking of Consuela.com

Morning Folks!!

Another great day for domainers!

Guys, your NAMES are in Lights!! Congrats! Way to go! Proud???

Hey Morons, it's called capitalism! If you want something you PAY for it you don't try and abuse the systems so you can STEAL it. So now you have to live with the consequences of you being labled a "Reverse Domain Name Hijacker" forever.

Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA.  Live with it!! Hope you are PROUD! You are now case #44 below.

I will repost the following post each and every time there is a Reverse Domain Name Hijacking Decision. The best thing domain owners can do is Tweet, Like, Post and/or Share. So just don't sit there! You CAN do something to circulate these offenders. So do it! That's REAL SEO! I need your HELP. I can't do this alone. Charity starts at home and that means protecting what is yours. 

Want to stop RDNH and get the $$$ instead of a NAF or WIPO action? THIS is the way to start. Someday there WILL be a legal and CRIMINAL penalty but until then there IS a social penalty if YOU CHOOSE. And believe me, the social penalty is MUCH more severe than a fine that can be easily absorbed and forgotten about. This is PERMANENT! THEY have to live with the social consequences of their actions. The best thing you can do is Tweet, Like and/or Share instead of throwing your hands up in the air and doing NOTHING! Doing nothing is what these little pricks count on! Let them know! I can only do so much and I need your help to DEFEAT this practice.

Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com

Morning Folks!!

There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.

When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.

So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!

Go to Google or go to Bing and search for Márcio Mello Chaves or Marcio Mello Chaves.

THAT is how SEO REALLY works!!!

RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!

Search procter and gamble domains. You no longer get a list of domains they own.

So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount".  But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!

The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.

So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.

Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!

I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and  life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??

Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.

Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process. 

I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!

Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would  take real balls to fire P&G. They might lose the account? Wonder if they were fired?

So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!

And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.

Rick Schwartz

Here is the current list I have of RDNH cases with our newest inductee. This list that the NEXT SCHMUCK gets to join and LIVE WITH!

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and any others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 43 such cases so far of RDNH and this resource has 129 or more. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in?

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC(“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc(“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online AdviceWIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc(“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

Case #43 Complainant is Aptus Tech LLC (“Complainant”), represented by Max Moskowitz, of Ostrolenk Faber LLP, New York, USA.  Respondent is Name Administration Inc. (BVI)(“Respondent”), represented by John Berryhill, Pennsylvania, USA

Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, has now been found GUILTY of Reverse Domain Name Hijacking. (RDNH)

"In this case, the evidence indicates that Complainant clearly knew that the disputed domain name was registered many years before it could establish rights in the KLIPZ mark and, thus, that it would not be able to establish that the disputed domain name was registered in bad faith, which is one of elements one must establish in order to prevail under the Policy."

Case #44 Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com Respondent is Alberta Hot Rods (“Respondent”), represented by Ari Goldberger of Esqwire.com Law Firm, New Jersey, USA.

"According to the majority of the Panel, not only did the Complainant present its Complaint when it was obvious that it could not succeed, it actually pressed its case by submitting an Additional Submission which did not address the key issue raised by the Respondent.  The Complainant thus harassed the Respondent by pursing the Complaint after the Complainant knew it to be insupportable.

A minority of the Panel is of the view that reverse domain name hijacking should not be found without evidence of some knowing effort to seize someone else's intellectual property.  However, the minority accepts the majority’s view.

Consequently, the Panel finds that the Complaint was submitted in an attempt to the hijack the Respondent’s domain name."

 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz

 

Reverse Domain Hijackers Scarlett Letter List. Updated!!

Afternoon Folks!!

Another great day for domainers!

Hey Morons, it's called capitalism! If you want something you PAY for it you don't try and abuse the systems so you can STEAL it. So now you have to live with the consequences of you being labled a "Reverse Domain Name Hijacker" forever.

Aptus Tech LLC and Max Moskowitz of Ostrolenk Faber LLP.  Live with it!! Hope you are PROUD! You are now case #43 below.

I will repost the following post each and every time there is a Reverse Domain Name Hijacking Decision. The best thing domain owners can do is Tweet, Like and/or Share. So just don't sit there! You CAN do something to circulate these offenders. So do it! That's REAL SEO!

Want to stop RDNH and get the $$$ instead of a NAF or WIPO action? THIS is the way to start. Someday there WILL be a legal penalty but until then there IS a social penalty if YOU CHOOSE. And believe me, the social penalty is MUCH more severe than a fine that can be easily absorbed and forgotten about. This is PERMANENT! THEY have to live with the social consequences of their actions. The best thing you can do is Tweet, Like and/or Share instead of throwing your hands up in the air and doing NOTHING! Doing nothing is what these little pricks count on! Let them know! I can only do so much and I need your help to DEFEAT this practice.

Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, GUILTY! RDNH of KLIPZ.com

Morning Folks!!

There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.

When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.

So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!

Go to Google or go to Bing and search for Márcio Mello Chaves or Marcio Mello Chaves.

THAT is how SEO REALLY works!!!

RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!

Search procter and gamble domains. You no longer get a list of domains they own.

So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount".  But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!

The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.

So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.

Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!

I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and  life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??

Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.

Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process. 

I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!

Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would  take real balls to fire P&G. They might lose the account? Wonder if they were fired?

So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!

And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.

Rick Schwartz

Here is the current list I have of RDNH cases with our newest inductee. This list that the NEXT SCHMUCK gets to join and LIVE WITH!

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and any others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 43 such cases so far of RDNH and this resource has 129 or more. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in?

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC(“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc(“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online AdviceWIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc(“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

Case #43 Complainant is Aptus Tech LLC (“Complainant”), represented by Max Moskowitz, of Ostrolenk Faber LLP, New York, USA.  Respondent is Name Administration Inc. (BVI)(“Respondent”), represented by John Berryhill, Pennsylvania, USA

Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, has now been found GUILTY of Reverse Domain Name Hijacking. (RDNH)

"In this case, the evidence indicates that Complainant clearly knew that the disputed domain name was registered many years before it could establish rights in the KLIPZ mark and, thus, that it would not be able to establish that the disputed domain name was registered in bad faith, which is one of elements one must establish in order to prevail under the Policy."

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz

 

There IS a HUGE Penalty for Reverse Domain Name Hijacking!! More Severe than Dollars!

Morning Folks!!

There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.

When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.

So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!

Go to Google or go to Bing and search for Márcio Mello Chaves or Marcio Mello Chaves.

THAT is how SEO REALLY works!!!

RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!

Search procter and gamble domains. You no longer get a list of domains they own.

So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount".  But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!

The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.

So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.

Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!

I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and  life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??

Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.

Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process. 

I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!

Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would  take real balls to fire P&G. They might lose the account? Wonder if they were fired?

So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!

And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.

Rick Schwartz

 

 

And just for the sake of republishing for this post and July 4th. Here is the current list I have of RDNH cases. This list that the NEXT SCHMUCK gets to join and LIVE WITH!

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and any others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 41 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC(“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc(“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online AdviceWIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc(“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz

 


 

 

 

Ryan P. Boggs of Digi10ve.com found GUILTY of RDNH

Morning Folks!!

When will these folks learn? 2 more people with "Scarlett Letters" hanging around their neck forever!

DomainNameWire.com is reporting another  case of Reverse Domain Name Hijacking. This one with a twist.

According to their story:

"Ryan P. Boggs of the site Digi10ve.com filed a seven-sentence UDRP pleading with WIPO to try to wrestle the domain name Digilove.com away from Frank Schilling. The case was filed with the help of attorney Molly Megee Hankins, whose LinkedIn profile shows that she’s co-founder of Digi10ve.com" (Not exactly clean hands)

Hankins originally inquired about buying the domain in 2010. Boggs then followed up, offering to buy the domain “at a reasonable marked up price”. According to the response, Boggs offered $16,000 for the domain, which Name Administration accepted. Boggs withdrew the offer, explaining that the offer had been made to see what Name Administration would have accepted for the domain. He then filed a trademark application with the U.S. Patent and Trademark Office for “Digilove”. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. 

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and any others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 41 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC(“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc(“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online AdviceWIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc(“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz

 

Procter and Gamble’s Biggest Management Shakeup in 100 Years?

Morning Folks!!

Let's not minimize or maximize the Reverse Domain Name hijacking (RDNH) decision that came down against Procter and Gamble (P&G) over Swash.com back in March. But for a stellar company like P&G it is a black eye they should have never gotten.

So lets just deal with a few facts. This was what I wrote about the fallout back then.

This was my open letter to the CEO Bob McDonald that followed.

That was besides personally contacting each and every communications director for a comment without a single response.

But let's look and see what has happened in the days since. Exactly 90 days if you are counting.

The CEO, Mr.McDonald, steps down "effective immediately" at the beginning of Memorial Day weekend on May 23rd.  "Robert McDonald's four-year struggle to adapt Procter & Gamble Co. to a new world of more frugal consumers and tougher global competition has come to an abrupt end."

bobceo

Did "Frugal" (another word for CHEAP) include giving him or those that report to him the order to try and grab Swash.com?

But that is not all. Then just DAYS later P&G announces "Organization changes". MASSIVE changes. I then asked myself when in my lifetime did I ever see a shakeup like this at Procter and Gamble and I just can't remember one. Can you? They even picked the former ceo A.G. Lafley to get the compnay back on track. Both men in the industry for well in excess of 30 years.

lafleyjpg-4c2b2efd654c4661
A.G. Lafley. Chairman, CEO, President

Straw that broke the camels back? I guess we will never know. But it was a straw and that STAIN remains with this company FOREVER! It happend and somebody in their organization made a very costly and unfortunte mistake. A mistake that could rise to the level of ending a career.

So as domain name investors this is a case we can point other would-be hijackers to which will let them know that no company no matter how big or small are immune to a decision like this and the repercussions that come both personally and professionally. Ignorance is no longer an excuse.

Have a GREAT Day!

Rick Schwartz