The UDRP Wall of Shame highlights questionable decisions under the Uniform Dispute Resolution Policy (UDRP).  The ten decisions chosen for the 2009 UDRP Wall of Shame have contributed the most to undermining the rights of domain name owners over the past year.  A panel composed of Andrew Allemann, Brett Lewis, Michael Berkens, Paul Keating, and Zak Muscovitch selected the decisions for inclusion on the 2009 UDRP Wall of Shame.

Attorney Zak Muscovitch, Andrew Allemann (DomainNameWire.com), Michael Berkens (TheDomains.com), attorney Howard Neu and attorney Eli Pearlman - photo courtesy of Ron Jackson, DNJournal.com

The ten decisions on the 2009 UDRP Wall of Shame were publicly revealed at TRAFFIC Las Vegas.  Following the announcement, five panelists debated which decision deserved to be considered the very worst UDRP decision of 20009.  Andrew Allemann proposed OpenDental.com.  Howard Neu proposed DEAcom.com.  Mike Berkens proposed SmoothMove.com.  Eli Pearlman proposed parvi.org.   Zak Muscovitch proposed LomaLinda.net/.org.  Patrick Ruddell (Chef Patrick) moderated the debate.  The audience voted after the presentations and selected LomaLinda.net/.org as the most poorly decided UDRP case of 2009.

IDN Blog and DN Journal have photos and brief write-ups of the UDRP Wall of Shame presentation.

Here are the ten decisions the panel selected for the 2009 UDRP Wall of Shame:

LomaLinda.net/.org (WIPO: March 11, 2009) – Decision grants trademark rights in ‘Loma Linda’, a mid-size California city, to a local hospital and university.

SmoothMove.com (NAF: April 7, 2009) – finds it is bad faith to speculatively own a dictionary phrase domain if there is a trademark on that phrase.  The decision has the effect of granting trademark holders ownership rights to the English language.

DEAcom.com (NAF: April 14, 2009) – Respondent owned domain for 12 years, used it for a corporate web site for four years, and continues to use the domain for email.  Yet because the web site has been dormant for two years, he is found to be using the domain in bad faith.

Filta.com (NAF: April 23, 2009) – Panelist chooses to ignore response received 44 minutes late (but timely filed in Respondent’s time zone) and a timely filed additional submission and awards filta.com based on a design mark for FILTAFRY granted after the registration of the domain name.

MothersMilk.com (NAF: June 22, 2009) – finds ‘passive non-use’ of a generic phrase is bad faith.   Complainant refiled after same claim denied two months prior.

OpenDental.com (NAF: August 5, 2009) – Korean dentist registers domain in 1999 and after a brief period of use no longer uses the domain.  American company starts using term ‘Open Dental’ in 2003.  Panelist finds the dentist’s continued ownership without use is bad faith.

OkTaTaByeBye.com (WIPO: August 11, 2009)– claims active travel site using ‘Ta Ta’ in the British meaning of ‘Goodbye’ infringes on the rights of the Indian conglomerate TATA Sons.

KOC.com (WIPO: August 31, 2009) – blank page found to be bad faith use.  Trademark holder lost a UDRP on the same domain eight years earlier.

DKB.com (WIPO: September 30, 2009) – Continued passive holding of the domain by DKB Data Services after prior legitimate commercial use found to be bad faith once German bank Deutsche Kreditbank AG asserts an interest.

Parvi.org (WIPO: Nov 19, 2009) – Panelist finds the domain owner likely registered the domain in good faith but nevertheless orders the transfer of the domain.