NEW YORK, NY – There is an excellent article on Circle ID that you should read if you are interested in domain names and value them in almost any regard, especially as investments. You’ve probably already heard of the recent UDRP decision regarding Francois Carrillo’s ADO.com (Autobuses de Oriente ADO, S.A. de C.V. v. Private Registration / Francois Carrillo, WIPO Case No. D2017-1661) and its nonsensical determination that it should be transferred to the complainant.
This decision serves only as the strongest possible example of how severely UDRP Reform is necessary.
Let me put it this way; this ADO.com decision was so obviously misguided, that it seems like it was a near “gift” to the entire argument of why UDRP reform is even necessary. Whoever from the ICA (Internet Commerce Association) wrote the Circle ID article must have been sort-of shocked that they were even crafting an argument for something so plainly obvious, to anyone with even a general understanding of domain names and trademarks.
The sheer stupidity in this decision is shocking; riddled with guesswork and assumptions.
Excerpt: “A well-functioning UDRP requires that UDRP panelists exercise decisional restraint, stick to the evidence rather than relying on speculation and follow the Policy itself”
Putting myself in the shoes of the writer of that Circle ID article was like having to explain “domain names” and how they work, to a panel of people in charge of making legal and critical decisions on “domain names”. You have to know what they are before you are put in charge of administering them. The writer probably questioned themselves several times, scratching their head in disbelief, and confusion, on whether or not some of the points made even needed to be written in detail.
And to make matters even worse for the panel that handled this case – the exact price of $500,000 used and detailed in the decision and said to be ‘ridiculous’, became very factually accurate with the closing of a different three letter .com domain name the very same day. Speechless. You really can’t make this stuff up.
In my opinion, this is the single UDRP decision that is actually going to make reform possible. It’s that bad. They really stuck their foot in their month on this one, and it’s all documented and in writing. How embarrassing. Talk about “making a mockery”…
make a mockery of something: to make something such as a plan or system seem completely useless or ineffective. (ref)
About The Author: John Colascione is Chief Executive Officer of Internet Advertising Inc. He specializes in Website Monetization, authored a ‘how to’ book called ‘‘Mastering Your Website’, and is a key player in several Internet related businesses through his search engine strategy company Searchen Networks®
When you see David Bernstein appointed as panelist, you really should hire a team of well-known lawyers.
What can you expect buddy. UDRP is simply a tool for moneybags to get the domains they want from those who buy and keep it for future sale.