GDPR has significantly altered the landscape for filing UDRP (Uniform Domain-Name Dispute-Resolution Policy) cases due to the widespread implementation of privacy services by domain registrars. Previously, complainants could either find the identity of the domain registrant or detect falsified public Whois information before initiating a case. However, with privacy now the norm, complainants frequently do not know the identity of the domain owners until after a case is filed.
In the current UDRP process, once a complaint is registered, the registrar provides the registrant’s information to the UDRP provider. This often compels the complainant to amend their complaint, which might simply involve changing the name of the respondent or, in some cases, may require a complete reevaluation of the case based on newly revealed information.
A notable example of this can be seen in a recent dispute involving Dawsongroup Limited, a UK-based company, which filed a claim against the domain DawsonGroup.com. Upon filing, they discovered that the domain was registered to someone with the surname Dawson. This revelation complicated their case, which teetered on weak ground. The domain owner countered by stating that they had acquired the domain after establishing "The Dawson Group" as a trading name in Washington, D.C., and had actively operated their business under that name. This twist essentially dismantled the complainant’s position.
The question arises: what obligation did Dawsongroup Limited have to withdraw their case upon discovering the registrant’s identity? Should they have sought to withdraw their claim once they received the registrant’s response, despite the risk of an objection from the registrant?
Panelist Warwick Rothnie chose not to categorize the situation as reverse domain name hijacking (RDNH). He based this decision on two main points: first, the identity of the respondent was protected by a privacy service, and second, the disputed domain had not pointed to an active website, limiting the complainant’s ability to learn about the respondent’s identity prior to filing.
However, criticism arises from the interpretation of Rothnie’s reasoning. If privacy protection was a substantial factor against finding RDNH, it could lead to an assumption that most cases should be deemed RDNH since many domains use privacy services today. While it’s true the complainant was unaware of the registrant’s identity at the filing time, they had the amended complaint information available eventually.
Additionally, a cursory look through archives such as the Wayback Machine could have demonstrated that the domain was, in fact, in use by the registrant. This begs the question of whether the complainant should have continued their pursuit of the case given this newfound knowledge.
Ultimately, the discussion leads to the contention that Dawsongroup Limited should have considered withdrawing its case once ample evidence emerged that undermined their original claims.
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