• Home
  • About Us
  • Contact
  • Advertise
  • Awards
  • Privacy Policy
  • Twitter
  • Facebook
  • RSS
TheDomains.com

Stolen Three Letter .Com, IDA.com Awarded Back To Owner In UDRP After Godaddy Acct Hacked

June 23, 2014 by Michael Berkens

asianLogo

 

 

The Asian Domain Name Dispute Resolution Centre (“the Centre”) one of the “new” UDRP providers returned the allegedly stolen domain name IDA.com to World Hair Cosmetics Co Ltd, of Hong Kong which owned the domain since  2005.

The panel writes:

“In April, 2014, the Complainant discovered that its account with GoDaddy.com had been hacked and that, as a result, the Registrar had been changed to PublicDomain Registry Ltd and the Complainant was no longer the registrant.

The Complainant has complained of cybercrime to the Hong Kong police and to the FBI.

The domain was registered in 2005 and “renewed that registration in September, 2010 until 2018.”

Some UDRP panels have refused to award a “stolen” domain name back to the registrant on the basis that the situation falls outside of the UDRP enviroment, however the Centre had no such problem in finding a way to get the domain returned to the rightful owner.

In a very short opinion the Centre found the IDA mark to be is distinctive and well known.

“”The Complainant’s assertions are sufficient to constitute a prima facie showing of absence of rights or legitimate interest in the domain name on the part of the Respondent. The evidentiary burden therefore shifts to the Respondent to show by concrete evidence that it does have rights or legitimate interests in that name: Do The Hustle, LLC v. Tropic Web, WIPO Case No. D2000-0624 and the cases there cited.

The Respondent has made no attempt to do so.
Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in the domain name
There is no dispute that the domain name had been registered to the Complainant until 2018 and came to be registered to the Respondent and resolve to a reseller website as a result of an unauthorized transfer from GoDaddy.com to the present Registrar.

Under these circumstances it is clear that the domain name was registered and is being used in bad faith.

The Complainant has established this element of its case.

Having established all three elements required under the Policy, the Panel concludes that relief should be granted. Accordingly, it is ordered that the domain name should be TRANSFERRED to the Complainant.””

Filed Under: UDRP

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

« TechCrunch Covers The New Google Domains Registrar & Google Talks About New gTLD’s
Quick Poll:What Will Google Domains Market Share Of The Registrar Market Be A Year After Launch? »

Comments

  1. jose says

    June 28, 2014 at 4:51 pm

    UDRP can be used for everything


Recent Articles

  • Sedo now offering 6 more payment options
  • NameJet/SnapNames May 2022 domain sales led by Vip.org
  • Sedo weekly domain sales led by Yachts.com

Recent Comments

  • FX on Move over Web3 hype here comes Web5
  • steven on JoeRogan.net expires closes at $52,000 at GoDaddy auctions
  • Mark Thorpe on JoeRogan.net expires closes at $52,000 at GoDaddy auctions
  • brian on JoeRogan.net expires closes at $52,000 at GoDaddy auctions
  • Cheetah Cowboy on Sedo weekly domain name sales led by Marathon.de

Polls

How Many .Web Domains Will Be Registered 1 Year After Launch

View Results

Loading ... Loading ...
  • Polls Archive

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Archives

domain name news

Copyright ©2019 TheDomains.com — Published by Worldwide Media, Inc. — Site by Nuts and Bolts Media