Recent Case Notes & Commentary

OVERLOOKING TO RE-REGISTER THE DOMAIN NAME

All is not lost if you forget to re-register a domain name when it becomes due. You can still retrieve it under the UDRP process.


You should not need to refer to prior decisions but if you want to rely on them to bolster your case, here are two decisions to that effect, one very recent.


First decision

A disputed domain name that is registered by a respondent after a complainant inadvertently allowed the domain name’s registration to lapse may show a respondent lacks rights and legitimate interest in the disputed domain name under Policy 4(a)(ii). See Raise Labs, Inc. v. Hong young jin, FA1607001685247 (FORUM Sept. 1, 2016) (“[The disputed domain name was] registered by Complainant on or about September 20, 2013. The registration was inadvertently allowed to lapse and was registered by Respondent at a subsequent date... As Respondent has not filed a Response or attempted by any other means to rebut the prima facie case against it, the Panel finds that Respondent has no rights or legitimate interests in the disputed domain name.”).

Second decision

The second and more recent decision is White Tiger Corporation v. John Vles, FORUM Claim Number: FA21050019456 (June 23, 2021). You should not need to use Kung Fu to retrieve the domain name, as the decision should be sufficient.