Reverse Domain Name Hijacking Information

The ‘Reasons’ column is an attempt to identify and categorize the various circumstances cited by panels in support of a finding of RDNH.

Bad Faith – No Evidence – the complaint provides no evidence of the respondent’s bad faith

Beyond the Scope – complainant knew or should have known that the UDRP was not the appropriate forum

Deception – deceptive behavior in complainant’s prior dealings with respondent

Delay – a long delay in bringing the complaint raises questions about whether complainant believes it has rights to the domain

Domain First – the registration of the domain predates trademark rights of the Complainant

Harassment – the primary motive of complainant appears to be to harass the respondent

Ignored Precedent – ignoring established Policy precedent as captured in this WIPO Overview

Legitimate Rights – Complainant Knew – Complainant should have been aware that the respondent had a legitimate interest in the disputed domain

Misrepresentation – a misrepresentation to the panel, usually the omission of material information in violation of Complainant’s representation that the complaint is complete and accurate.

Plan “B” – the complainant is using the UDRP as an alternative acquisition strategy after commercial negotiations failed

Prior Court Case – complaint brought to further burden respondent despite the matter already being the subject of a court case
Represented by Counsel – Complainant counsel should have understood the requirements of the UDRP

TM – not valid – complainant did not have enforceable trademark rights

UDRP history – complainant has a history of filing unsuccessful UDRP complaints

Unjustified Refiling – Panel finds that Complainant’s refiling of a prior complaint is not justified.

Unsupported Allegations – baseless allegations unsupported by evidence

Violation of Policy’s Certification – Panel determines that the Complainant has violated its certification according to provision 3(b)(xiii) of the Policy: “Complainant certifies that the information contained in this Complaint is to the best of Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”