Domain Name Registration - Negotiation

When someone registers a domain name, they should rest assured that their domain name is safely theirs, but that is not always the case. Sometimes an end user may want a domain name that has already been registered by another user. In this case, the best and accepted practice is to email the user by looking up the domain WHOIS information and asking for a price to purchase the domain name. The offering price that the domain owner negotiates is based on how much the domain name is worth to the owner.

Reverse Domain Name Hijacking

When the end user is a company's trademark sometimes they operate in bad faith looking for loopholes to file a complaint with the UDRP arbitration of ICANN or sue for Trademark Infringement in a US Court because the company is not willing to pay the negotiated price of the owner. If the domain owner registered the domain name prior to the knowledge that the trademark exists (assuming the trademark isn't a famous trademark) and the domain name predates the trademark existence and the company still pursues ownership of the domain with this knowledge, that is Reverse Domain Name Hijacking. The domain name holder can then file for an RDNH complaint against the complainant. What's the penalty for RDNH? There is none. After putting the domain name owner through such battle with the possibility of losing their domain name when that owner file a counter complaint and the complainant is found guilty of RDNH, the punishment is...there is no punishment. There is just the acknowledgment that the complainant attempted to RDNH the domain owner. I and those that have signed this petition feel that there should be a penalty for those entities and individuals that are found guilty of RDNH. Whether it be monetary damages, some form of suspension from filing similar claims, some type of disciplinary action should be in place to deter this sort of behavior of bad faith. We feel it is appalling that the respondent/plaintiff has everything to lose while the complainant has very little to lose especially those with such frivolous claims.

Cases like Nissan Motors vs Nissan Computers proved to be costly to the respondent/plaintiff  while going up against a giant company like Nissan who can more than afford to spend thousands on legal battles. GWG Holdings were also not punished for RDNH when attempting to gain ownership of GWG.com. 

 Rick Schwartz - HallofShame.com

Rick Schwartz a legendary and wealthy domain investor had created the website HallofShame.com as a way to shame and deter Reverse Domain Name Hijackers that are operating in bad faith against the legal owner of a domain name. I have included an excerpt from Rick Schwartz via Saveme.com to serve as someone with more of a voice when it comes to domain names and the domain community.

"Marcio Mello Chaves, aka Marcio Chaves of buscape.com.br and saveme.com.br and brother Heitor have been labeled as REVERSE DOMAIN NAME HIJACKERS (RDNH)!! An attempted THEFT by an abuse of the system! Acted in 'Bad Faith.' GUILTY! If they did this in the real world, they would likely stand trial on criminal charges. That won't happen but most of us will agree that what they did was criminal whether acknowledged by the law at this time or not."

We ask that these following organizations put in place new rules and regulations involving RDNH:

ICANN - Internet Corporation for Assigned Names and Numbers​

DOJ - Department of Justice​

The United States Supreme Court​

WIPO- World Intellectual Property Organization (under ADR)

 

Please take this petition seriously because we are tired of the abuse of the system.