Stanley Pace has won a reverse domain name hijacking victory in court, overturning a wrongly-decided UDRP decision at WIPO in the celluvation.com dispute.
You can read the entire court decision here.
In summary:
The Court herby DECLARES and ORDERS:
1. Pace’s use of the celluvation.com domain does not violate the ACPA.
2. Pace’s use of the celluvation.com domain does not violate the Lanham Act.
3. Pace has established a claim for reverse domain name hijacking.
4. Defendant’s counterclaims against Plaintiff are DISMISSED WITH PREJUDICE for willful and inexcusable failure to prosecute and failure to comply with court orders pursuant to Fed. R. Civ. P. 41(b).
5. Pace’s request for fees is DENIED.
6. The WIPO arbitration panel decision is OVERTURNED, and the domain name
registrar for celluvation.com is ORDERED to lift the hold on the domain name and return the domain to Pace.
7. Judgment shall be entered in favor of Plaintiff
Will WIPO add this decision to its list of UDRP-related court cases? You might recall that WIPO retaliated against my company and removed the PUPA.com court case decision from their list (after I voted against Brian Beckham as co-chair of the RPM PDP working group at ICANN).