One more for the hall of shame.
Frank Schilling wins big!!
The Complainant is Jetgo Australia Holdings Pty Limited of Queensland, Australia, represented by Sparke Helmore Lawyers, Australia.
The Respondent is Name Administration Inc. (BVI) of Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland, represented by John Berryhill, Ph.d. esq., United States of America.
"The Panel considers that the Complaint filed in this case was brought in bad faith, and constitutes an abuse of the administrative proceeding, on the basis that it is seriously misleading. In particular, the Complaint fails to set out fully facts that were fundamental to the Complainant’s case and of which the Complainant had knowledge – namely, the Complainant’s unsolicited initiation and renewal of communications with the Respondent regarding possible purchase of the disputed domain name. By failing to state these facts, the Complaint makes an implied assertion that is false – namely, that the Respondent’s offer to sell the disputed domain name to the Complainant for a substantial sum was unsolicited by the Complainant. This false assertion might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refuted this implied assertion. To knowingly make a false implied assertion on a material issue is evidence that the Complaint was brought in bad faith. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case on a material issue is without basis when the Complainant must have known this fact.
Having regard to all the circumstances of the filing of this Complaint, the Panel is of the view that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding that is provided by the Policy."
This post will be updated. Congrats to John Berryhill and Frank Schilling!!
WE will end this! Reverse Domain Name Hiajcking is going to be at the end of the road! Sparke Helmore Lawyers, Australia, welcome to the club! You have soiled YOUR name too! Hope you are proud. YOUR NAME will appear on Hallofshame.com for the WORLD to see! Your entire legal team infected!