RMIT University of Melbourne, Australia lost its bid to get the domain name RMIT.education suspended through a Uniform Rapid Suspension (URS) proceeding.
Its a pretty amazing finding in that the domain holder didn’t even respond to the URS, Complainant had a valid trademark, and the domain name is parked and contains links to the school, on the parked page.
According to the opinion the fault for decision may lay with the attorney for the School who represented it in the proceeding
Here are the relevant parts of the very short decision:
“The record makes clear that the Complainant holds a valid national or international registration and that [it] is in current use,and that the registration is identical to the second-level portion of the disputed domain name.
However the examiner Ho-Hyun Nahm found the Complainant failed to submit clear and convincing evidence that the Registrant has no legitimate right or interest to the domain name.
Complainant failed to bring any evidence that the domain was registered and is being used in bad faith.
After reviewing the parties submissions, the Examiner determines that the following domain names should be dismissed without any findings; the Examiner hereby Orders the following domain name(s) be returned to the control of the Respondent.”
i would have done a better job in bringing the URS and i am not a lawyer >:)
Stupid and senseless abuse of UDRP or URS, etc. should be punished. It creates instability and chaos in domain industry, preventing the development of internet as a whole.