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10-15-2007, 09:17 PM
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#1 (permalink)
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Last Online: 08-22-2008 08:10 AM Join Date: Jul 2002
Posts: 2,284
DNF$: 12,571 Location: Athens Greece
Country: | Reverse Domain Name Hijacking I know what "Reverse Domain Name Hijacking" is but I don't understand what the respondent wins if the panel founds that there was a "Reverse Domain Name Hijacking" attempt by the complainant.
If you win the UDRP what additional benefits does a "Reverse Domain Name Hijacking" bring?
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10-15-2007, 09:37 PM
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#2 (permalink)
| | DNF Member
Last Online: Today 02:10 PM Join Date: Mar 2006
Posts: 496
DNF$: 1,913 Location: Birmingham | Quote:
Originally Posted by dvdrip I know what "Reverse Domain Name Hijacking" is but I don't understand what the respondent wins if the panel founds that there was a "Reverse Domain Name Hijacking" attempt by the complainant.
If you win the UDRP what additional benefits does a "Reverse Domain Name Hijacking" bring? | For me, it means you've exposed them for the scumbags that they are, and it's kind of like rubbing a dog's nose in it's own shi* when it does it on the living room carpet. In my opinion, a reverse domain hijacker is about 10 notches below a blatant cybersquatter, trying to abuse the rules and laws, spinning the UDRP wheel of fortune. I hope we can get a better answer from a lawyer here on the forum, but I'd also think it could help if you want to then go to court to sue for damages. It may also make them think twice before attempting another reverse hijacking. |
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10-15-2007, 09:40 PM
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#3 (permalink)
| | Philadelphia Lawyer
Last Online: Today 10:29 AM Join Date: Oct 2002
Posts: 2,354
DNF$: 3,143 | Quote: |
If you win the UDRP what additional benefits does a "Reverse Domain Name Hijacking" bring?
| Your choice of large plush toys.
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10-15-2007, 09:42 PM
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#4 (permalink)
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Last Online: 08-22-2008 08:10 AM Join Date: Jul 2002
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DNF$: 12,571 Location: Athens Greece
Country: | John, you lost me...
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10-15-2007, 10:11 PM
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#5 (permalink)
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Name: Dave Zan Last Online: 08-27-2008 03:11 AM Join Date: Aug 2004
Posts: 1,606
DNF$: 0 Location: Manila | Quote:
Originally Posted by dvdrip John, you lost me... | It's probably the heat from John's handling the fcc.com UDRP.
A panelist might or might not consider that RDNH should the complainant file
a similar dispute in the future.
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10-15-2007, 10:19 PM
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#6 (permalink)
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Last Online: 08-22-2008 08:10 AM Join Date: Jul 2002
Posts: 2,284
DNF$: 12,571 Location: Athens Greece
Country: | A similar dispute connected to me only or with any other owner that has a similar domain?
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10-15-2007, 10:24 PM
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#7 (permalink)
| | Philadelphia Lawyer
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10-15-2007, 10:36 PM
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#8 (permalink)
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Last Online: 08-22-2008 08:10 AM Join Date: Jul 2002
Posts: 2,284
DNF$: 12,571 Location: Athens Greece
Country: | So what is the point? Make my girlfriend happy? 
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11-11-2007, 09:23 PM
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#9 (permalink)
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Last Online: 08-22-2008 08:10 AM Join Date: Jul 2002
Posts: 2,284
DNF$: 12,571 Location: Athens Greece
Country: | I just found out that .ca domain resolution policy has this very interesting term.
"Registrant’s Claim Re Bad Faith of Complainant
CIRA Policy, para. 4.6, provides that if a Registrant is successful in resisting a complaint,
and if the Registrant can prove, on the balance of probabilities:
that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay to the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant."
This should be a great addition to UDRP.
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11-11-2007, 09:29 PM
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#10 (permalink)
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Name: Deceased Last Online: Today 07:15 PM Join Date: Jan 2007
Posts: 930
DNF$: 804 Location: Louisiana
Country: | Quote:
Originally Posted by acesfull ... In my opinion, a reverse domain hijacker is about 10 notches below a blatant cybersquatter.... | Or the equivalent of a political telemarketer.
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11-11-2007, 10:11 PM
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#11 (permalink)
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Last Online: Today 06:44 PM Join Date: Feb 2004
Posts: 18,104
DNF$: 8,694 Location: Universal Citiz
Country: | ICANNT understand it either 
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11-11-2007, 11:26 PM
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#12 (permalink)
| | Internet Real Estate
Last Online: Today 05:30 PM Join Date: Jun 2004
Posts: 750
DNF$: 580 Location: USA
Country: | Quote:
Originally Posted by dvdrip ... and if the Registrant can prove, on the balance of probabilities:
that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay to the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant."
This should be a great addition to UDRP. | I have never heard of a monetary award occurring to defray the costs incurred by the registrant. That is exactly what is needed to give Reverse Hijacking any teeth - but I assume that would be outside the scope of a UDRP proceeding, and only enforcible through the courts. The paltry $5000 penalty should be $50,000.
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11-11-2007, 11:55 PM
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#13 (permalink)
| | Platinum Lifetime Member
Name: Dave Zan Last Online: 08-27-2008 03:11 AM Join Date: Aug 2004
Posts: 1,606
DNF$: 0 Location: Manila | Quote:
Originally Posted by dvdrip I just found out that .ca domain resolution policy has this very interesting term.
"Registrant’s Claim Re Bad Faith of Complainant
CIRA Policy, para. 4.6, provides that if a Registrant is successful in resisting a complaint,
and if the Registrant can prove, on the balance of probabilities:
that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay to the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant."
This should be a great addition to UDRP. | That's probably put in because it's more realistically feasible to collect money
damages from .CA registrants. Imagine trying to do that for gTLD registrants
who live in Timbuktu.
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