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- 08-14-2009 01:15 AM #1
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Out thousands defending UDRP Reverse Domain Name Hijacking. Can I collect for damages
The title basically says it all. Someone tried RDNH on me, I spent money for a 3 Panel ect... It didn't seem like an option to risk a single Panel member. I have seen cases where single panel members decided on their opinions of what is considered legit or valid use of a domain name.
Based on this I felt a 3 Panel was absolutely required.
Can I now sue the Complainant for fees paid to defend their RDNH case to take my domain name?
What is likely to happen if I try to sue them? Will a court just tell me sorry there is no law to deter people from performing RDNH when ever they feel like it?
Thank you for your time.
Sincerely,
OUT THOUSANDS
PS. Had they taken my domain name they would most likely take over my business which has users paying for subscription services on my website. The RDNH was an investment for the Complainant. Why start a business when you can just seal someone else's like changing the lock on someone car door and saying ok, car is mine now. That's worst than cyber squatting. It's out right THEFT. Should be criminal.
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Can I use this law below?
Source:
http://www4.law.cornell.edu/uscode/15/1114.html
1114 (2)(D)(iv)
(iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) based on a knowing and material misrepresentation by any other person that a domain name is identical to, confusingly similar to, or dilutive of a mark, the person making the knowing and material misrepresentation shall be liable for any damages, including costs and attorney’s fees, incurred by the domain name registrant as a result of such action. The court may also grant injunctive relief to the domain name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant.



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