How to return the domain "with interest"

    Three months ago, we talked about the case of the domain , which My-Art Company received through a complaint to WIPO under the UDRP procedure.

    As already noted, the plaintiff had no reason to claim the right to own a domain name: it was registered 14 years earlier than the trademark My-Art Company, and also consists of commonly used dictionary words. Also, the domain was inactive, therefore, there are no facts of illegal use of someone else’s brand. The only reason the plaintiff was able to obtain the domain is because the previous owner ignored the plaintiff's complaint.

    Ignoring complaints is not recommended, as in this case WIPO may transfer your domain to another person even in very contentious cases. However, this time the events took an unexpected turn.

    After losing the domain dispute, the law firm Lewis & Lin, representing the previous owner, filed a lawsuit in which she demanded that he return the rights to the domain name and compensate for the damage to the commercial activities and reputation that the domain owner suffered due to the actions of My-Art Company.

    Based on the fact that My-Art Company does not have rights to the domain for the reasons mentioned at the beginning of the article, the company was found guilty of an attempt to illegally seize a domain name. The court satisfied the plaintiff’s claims and ordered the domain to be returned to the former owner, and My-Art Company ordered him to pay him compensation and to pay all legal expenses.

    The total amount of compensation paid to the owner amounted to $ 7,500 excluding his expenses for legal services. This is not very much, but the fact of returning with interest the domain name lost by negligence is interesting.

    We can also conclude from this that the decision of the WIPO Domain Disputes Commission under the UDRP procedure has a low legal force and can be easily overturned by a court decision. In other words, if the WIPO commission takes a decision that is clearly not legally correct, the victim can not only regain the domain in court, but also require additional compensation.

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