Case Number: Case #44
Complainant: Consuela, LLC
Represented by: Erik Paul Belt of McCarter English, LLP, Massachusetts
Consuela, LLC represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found Guilty Reverse Domain Name Hijacking of Consuela.com Respondent is Alberta Hot Rods (“Respondent”), represented by Ari Goldberger of Esqwire.com Law Firm, New Jersey, USA.
“According to the majority of the Panel, not only did the Complainant present its Complaint when it was obvious that it could not succeed, it actually pressed its case by submitting an Additional Submission which did not address the key issue raised by the Respondent. The Complainant thus harassed the Respondent by pursing the Complaint after the Complainant knew it to be insupportable.
A minority of the Panel is of the view that reverse domain name hijacking should not be found without evidence of some knowing effort to seize someone else’s intellectual property. However, the minority accepts the majority’s view.
Consequently, the Panel finds that the Complaint was submitted in an attempt to the hijack the Respondent’s domain name.”
Source: http://domains.adrforum.com/domains/decisions/1504547.htm