A recent three-member UDRP panel has rejected a refiled dispute initiated by Tiger Aesthetics Medical, LLC against the domain tigeraesthetics.com. This follows a prior case in which the panel found that the complainant did not provide sufficient evidence to support their claims.
Initially, the complainant had alleged they held common law rights to the domain despite losing the first dispute. They aimed to refile claiming new material evidence was available regarding the registrant’s intent to register the disputed name. However, in this attempt, Tiger Aesthetics merely reiterated their previous arguments without presenting any substantial new information.
The panel noted that while the domain’s price spiked from $18,888 to $500,000 post-decision, this change was not legally relevant under UDRP guidelines. The increase was viewed as primarily related to the domain’s use rather than its registration, further strengthening the decision against the plaintiff. The previous ruling underscored the complainant’s failure to demonstrate any bad faith in the domain’s registration.
The majority of panelists, Douglas Isenberg and Francine Siew Ling Tan, also opted not to classify the refiled attempt as reverse domain name hijacking. They indicated that the complainant did not act in bad faith, despite their second submission’s lack of new evidence.
Contrarily, panelist David Sorkin argued for a finding of reverse domain name hijacking. He suggested that the refiled complaint was an attempt to rehash earlier claims without newly provided evidence, qualifying it as a misuse of the UDRP process.
David M. Perry from Blank Rome LLP represented Tiger Aesthetics in both disputes, while the domain registrant defended themselves without legal counsel.
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