The value of an RNDH finding

[DutchBoyd]

I recently won my first UDRP dispute and the panelist found for reverse domain name hijacking. I had a pretty well known domain attorney mention in another thread I wrote about it that I should demand reimbursement of costs and expenses. I did that and expect a polite "get lost" email back sometime in the next day or two, if I even get a reply.

My questions...

Is there an actual defined cause of action you can bring against a company anywhere here in the US for a reverse domain name hijacking attempt to get the money you poured into it back?

If not, is there any in other jurisdictions they might be exposed to? They are a foreign online company so I imagine they're exposed to personal jurisdiction in a lot of different countries... and maybe they also exposed themself to the WIPO country's jurisdiction?

Has anyone ever heard of anyone using a more general cause of action to try recovering costs and expenses related to fighting a UDRP that was found to have been a RDNH attempt?

Thanks,
Dutch

[draggar]

I think it depends on your jurisdiction but if they're a foreign entity then it might be hard to get a ruling enforced.

**BUT** if you do get a ruling in your favor and they refuse to pay, you might be able to seize their assets (possibly including a domain name). If it's a .com then it's though Verisign - in the USA and they shoudl enforce it (it's easier if the registrar is in the USA, too).

So the questions are:
1) Is it worth it? I'll assume the costs were more than 5K so small claims court is out of the question (unless you're willing to settle for 5K). If not, you might need an attorney to go after them, which'll cost more. Is it worth it?

2) If the complainant is vocal enough - they could try to tarnish your reputation (i.e. vigilante etc..).

[DutchBoyd]

Ok draggar,

So if it depends on the jurisdiction then I'm guessing the answer is YES, there is a cause of action? This is great news... what you said about seizing the .com was exactly what I had in mind...

The answer of whether it is worth it... the reverse hijackers in this case were a major online poker site / casino / sportsbook and I don't think they'd show up to defend for fear of being nailed for violating the Wire Act (18 USC 1084). The poured tons of money into branding their .com without even owning the .net. So I could see potentially getting a default judgment and hijacking the .com from them... and I actually graduated from MU law school a few years back at the ripe old age of 18, so I would probably be able to do most if not all of the legal work myself if I couldn't find an attorney willing to take it on a contingency basis (I'm assuming the legal fees incurred in collecting the legal fees would also be part of a judgment...).

The answer to question 2... I'm not worried about my reputation... I'm actually pretty well known in the poker world, and if you do a google search for "dutch boyd" you'll see that there's not too much more mud that they could sling. lol.

Can anyone actually cite a US case? Or ANY case for that matter?

[Steen]

Unless they are really stupid the domain name will be registered by a foreign (likely UK) registrar. Not sure if your small claims action will allow you to seize the domain at the Verisign level. Interesting question.

[KaneCo]

Ok draggar,
.. what you said about seizing the .com was exactly what I had in mind...


Can anyone actually cite a US case? Or ANY case for that matter?

Do not know any actual cases Dutch but will search around, I like the argument. I know you own tons of poker domains for a while now so you most likely have the most experience in taking heat for your online poker stuff...

I will pm you my brothers email and contact info he is a lawyer in Vegas who may be able to help you.

[domaingenius]

I recently won my first UDRP dispute and the panelist found for reverse domain name hijacking. I had a pretty well known domain attorney mention in another thread I wrote about it that I should demand reimbursement of costs and expenses. I did that and expect a polite "get lost" email back sometime in the next day or two, if I even get a reply.

My questions...

Is there an actual defined cause of action you can bring against a company anywhere here in the US for a reverse domain name hijacking attempt to get the money you poured into it back?

If not, is there any in other jurisdictions they might be exposed to? They are a foreign online company so I imagine they're exposed to personal jurisdiction in a lot of different countries... and maybe they also exposed themself to the WIPO country's jurisdiction?

Has anyone ever heard of anyone using a more general cause of action to try recovering costs and expenses related to fighting a UDRP that was found to have been a RDNH attempt?

Thanks,
Dutch

I would look closely at the Rules that you agreed to when signing the
response and also of course UDRP to see if anything excludes such action.
Would be very careful and not jump into it. I myself and am awaiting
response from WIPO as I have said that I do NOT wish to agree to
their own supplemental rules as I dont agree with them ,but equally
wish to respond.

DG

Yes Dutch maybe read the US Appeals Court decision in Barcelona.com
it may have some points of use to you. If you need a copy PM me.

DG

Ok draggar,

So if it depends on the jurisdiction then I'm guessing the answer is YES, there is a cause of action? This is great news... what you said about seizing the .com was exactly what I had in mind...

The answer of whether it is worth it... the reverse hijackers in this case were a major online poker site / casino / sportsbook and I don't think they'd show up to defend for fear of being nailed for violating the Wire Act (18 USC 1084). The poured tons of money into branding their .com without even owning the .net. So I could see potentially getting a default judgment and hijacking the .com from them... and I actually graduated from MU law school a few years back at the ripe old age of 18, so I would probably be able to do most if not all of the legal work myself if I couldn't find an attorney willing to take it on a contingency basis (I'm assuming the legal fees incurred in collecting the legal fees would also be part of a judgment...).

The answer to question 2... I'm not worried about my reputation... I'm actually pretty well known in the poker world, and if you do a google search for "dutch boyd" you'll see that there's not too much more mud that they could sling. lol.

Can anyone actually cite a US case? Or ANY case for that matter?