The commission has taken away the name domain from the user
We have repeatedly cited examples of ambiguous decisions of the commission for resolving domain disputes under the UDRP procedure. Sometimes the outcome of a dispute becomes so unpredictable that some companies complain about domain seizure only with the expectation of being “lucky”.
As a rule, controversial situations arose when considering domains that potentially violate the rights of brand owners. But recently a new precedent has appeared - the selection of a domain name. Fashion designer Justin Alexander (Justin Alexander) managed to get the rights to the domain JustinAlexander.com, which was registered 14 years ago (in 1999).
The background is as follows. In 1999, the American Harry Alexander registered domain names in the .COM zone: GaryAlexander.com, DianeAlexander.com, JustinAlexander.com and JaredAlexander.com for himself and his wife and children.
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Fashion designer Justin Alexander (later he will register the brand Justin Alexander, Inc.) began its commercial activity only two years later.
And 14 years after registering a domain, he lodges a complaint against cybersquatting and gets rights to it.
There is a violation of a number of rules. First, each user has the right to own a domain with his own name. Secondly, the domain was registered before a brand with a similar name appeared. Thirdly, the statute of limitations for a potential violation was ignored.
To justify his decision, Commissioner Glenn Ayrs said only that the domain had never been used in all that time, and Harry Alexander was registered, and not his son Justin, who, by the way, in 1999 was only 10 years old. However, the non-use of the domain and the absence of any information on it also cannot be a reason to transfer it to another owner.
The plaintiff, in his appeal to the commission, completely turned to the individual. His words: “It is suspicious that Justin, who this year is finishing his studies at the State University of Washington with a degree in business, has not yet created his own website on a domain with his name.”
This case claims one of the most absurd decisions on the results of domain disputes. Now the Alexander family will have to defend their rights in court.
Note also that the UDRP procedure was created solely to curb the obvious cases of cybersquatting. The question of the domain JustinAlexander.com to those, of course, can not be attributed.
As a rule, controversial situations arose when considering domains that potentially violate the rights of brand owners. But recently a new precedent has appeared - the selection of a domain name. Fashion designer Justin Alexander (Justin Alexander) managed to get the rights to the domain JustinAlexander.com, which was registered 14 years ago (in 1999).
The background is as follows. In 1999, the American Harry Alexander registered domain names in the .COM zone: GaryAlexander.com, DianeAlexander.com, JustinAlexander.com and JaredAlexander.com for himself and his wife and children.
')
Fashion designer Justin Alexander (later he will register the brand Justin Alexander, Inc.) began its commercial activity only two years later.
And 14 years after registering a domain, he lodges a complaint against cybersquatting and gets rights to it.
There is a violation of a number of rules. First, each user has the right to own a domain with his own name. Secondly, the domain was registered before a brand with a similar name appeared. Thirdly, the statute of limitations for a potential violation was ignored.
To justify his decision, Commissioner Glenn Ayrs said only that the domain had never been used in all that time, and Harry Alexander was registered, and not his son Justin, who, by the way, in 1999 was only 10 years old. However, the non-use of the domain and the absence of any information on it also cannot be a reason to transfer it to another owner.
The plaintiff, in his appeal to the commission, completely turned to the individual. His words: “It is suspicious that Justin, who this year is finishing his studies at the State University of Washington with a degree in business, has not yet created his own website on a domain with his name.”
This case claims one of the most absurd decisions on the results of domain disputes. Now the Alexander family will have to defend their rights in court.
Note also that the UDRP procedure was created solely to curb the obvious cases of cybersquatting. The question of the domain JustinAlexander.com to those, of course, can not be attributed.
Source: https://habr.com/ru/post/183956/
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