Justice Prevails – PortStephensAccommodation.com.au

To ultimately make a profit on domain names, sometimes you have to first protect them from others.

I’m talking about those people or businesses who believe they should have the right to acquire a domain name without offering a fair price for it. When this fails, they then try and acquire the domain by attempted force.

Such was the case with PortStephensAccommodation.com.au

So it’s wonderful when justice and commonsense prevail.

This is an excellent auDRP decision by Philip N Argy (from the Resolution Institute) in favour of the Respondent (who is the registrant of the domain name PortStephensAccommodation.com.au).

Reverse Domain Name Hijacking

the Panel is of the view that the Complaint was without merit and should never have been lodged. It is obvious from the language used in the Complaint that the Policy and its associated jurisprudence is well-known to the Complainant’s lawyers. It should have been abundantly clear to them that the background facts and the evidence they filed was hopelessly incapable of supporting the Complaint. In particular, the evidence did not even come close to supporting many of the submissions made. Complainants and their legal representatives must take care not to construct complaints by a ritualistic recitation of matters which have historically been found to make good the three grounds of the Policy. Submissions must be tailored to the facts of each case and, in particular, supported by the evidence filed.

The Panel has formed the view that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking and primarily to harass the Respondent. Accordingly, the Panel formally declares pursuant to paragraph 15(e) of the Rules that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

 

You can read the full decision here. auDRP_23_1 portstephensaccommodation

 

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