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OK,
this reverse domain hijacking trend
is
getting out of hand. Not that it comes as
a surprise. I've said for years that, with the high
value of generic .com domain names, more and
more people, including over-reaching
corporations with no right to generic names,
would attempt to steal them through the UDRP
process rather than pay for assets that
belong to someone else.
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The
situation continues to get worse because bad
actors are seeing others being handed
domains they had no right to through
indefensible decisions made by
"arbitrators" who overwhelming
side with complainants (often whether or
not there is any merit to their
complaints). It has been an especially hot
topic in recent weeks after noted domain
attorney Paul
Keating and the Internet
Commerce Association's Legal Counsel
Phil
Corwin pointed out some
especially egregious examples of this.
The
deck is stacked against domain
owners and the corporate hijackers know
it, so they figure "why not take a
shot at it, we've got nothing to lose and
everything to gain." Indeed, you
almost can't blame them because there
is no penalty for attempting a reverse
domain hijacking, even if you lose
the UDRP. I say "almost"
because any time someone is engaged in
attempted theft, whatever the |
Attorney
Paul Keating |
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means
may be, blame is warranted (and
it seems to me a stiff penalty
would also be in order as it is in
conventional cases of attempted
robbery). |
The
latest to attempt this flimflam is a Brazilian
company that operates SaveMe.com.br.
Though the company was only established in 2010,
it decided it should own the generic
SaveMe.com domain, even though it was
registered in 1996, 14 years before
this unknown company even existed!
SaveMe.com.br obviously knew they had no
right to the name because they repeatedly
tried to buy it from the owner. When
he would not sell his property to them
for the price they wanted to pay, they
decided to try this backdoor attempt to
make off with the name through an unwarranted
UDRP.
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Rick
Schwartz
SaveMe.com owner |
SaveMe.com.br
made one miscalculation
though. The domain they hope to pilfer
with the help of friendly
arbitrators (one report said the WIPO
panel is comprised of three panelists
who are all from Brazil) is owned
by Rick Schwartz, AKA the
Domain King. Rick knows more than a
little about hijacking attempts and
unlike many other victims he has both the
means and the will to fight back.
With the help of his attorney, Howard
Neu, Schwartz has already launched a
full
frontal assault on
SaveMe.com.br and their representative, Márcio Mello Chaves
(who tried to buy the domain from
Schwartz). Though
this would seem to be an open and shut
UDRP case in favor of Schwartz,
recent arbitration cases have shown that
nothing is a sure thing. Even so,
I would bet the SaveMe.com.br people are
not going to be happy even if they were
to somehow win what looks like an
unwinnable UDRP case. As other wealthy
domain owners who refused to be bullied
have successfully done in the past,
Schwartz would then likely file a
federal |
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lawsuit
against SaveMe.com.br and walk way
with a good bit more than just the
domain name he started with. It couldn't
happen to a "nicer" company. |
(Posted March
15, 2012)
To refer others
to the
post above only you
can use this URL:
http://www.dnjournal.com/archive/lowdown/2012/dailyposts/20120315.htm
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