UDRP Agena.com UDRP ends in RDNH finding (5.Viewing)

With a 2000 registration date and no evidence of reputation strong enough to suggest targeting at that time, the Panel rejected claims of bad faith. Listing a domain for sale, even at a high price, was not enough without proof it was aimed at the trademark holder.

The Panel found the Complaint itself crossed the line, noting that experienced counsel should have recognized the weakness of claiming exclusive rights over a widely used term and the difficulty of proving bad faith against a 25-year-old registration. The filing was deemed an abusive attempt to obtain the domain through the UDRP process.

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This UDRP abuse will continue until there are consequences to filing abusive UDRP's.

Someone needs to set precedence by taking it to court and launching a suit for time/expenses/grief.

It's not until there is a real cost to frivolous UDRP filings that this type of behaviour will stop. Had my UDRP received an RDNH ruling I would have been one of the first to take it to court to claim back for substantial costs. Especially if it was a company with deep pockets, the courts have to impose a large judgement only once or twice in an RDNH ruling and most of these frivolous claims would reduce significantly. Right now there are no consequences and everything to gain so every Tom, Dick, and Harry will lay claim to a domain they clearly do not own.