Case Number: D2015-0064
Complainant: NH Resources LLC and Vaughn Crowe of Southlake, Texas, United States of America (the “US”)
Represented by: Charhon Callahan Robson & Garza, PLLC, US.
WIPO Domain Name Decision: D2015-0064
NH Resources LLC and Vaughn Crowe of Southlake, Texas, were just found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name no-heat.net, despite the fact that the domain holder didn’t even ask the panel to make a RDNH finding.
The three member panel of John Swinson, Gaynell Methvin and David H. Bernstein rejected the Complainants claim of a common law trade mark rights in no-heat.com. The Complainants registered the domain name on October 21, 2004.
The domain holder registered the Disputed Domain Name on July 27, 2014.
The website at the Disputed Domain Name is headed “No Heat Chemicals”.
In short, this domain name dispute is part of a larger dispute between the Crowe brothers and their associated interests on the one hand and Mr. Holmes and Mr. Snodgrass and their associated interests on the other.
Although the Respondent has not made any submissions in relation to RDNH, the Panel believes it has a responsibility to independently consider whether the Complaint was brought in bad faith
“The Complainant certifies that the information contained in this Complaint is to the best of the 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 the Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”
Continue reading at TheDomains.com
Source: http://www.thedomains.com/2015/04/13/panel-makes-reverse-domain-name-hijacking-finding-without-domain-holder-asking-for-it/