Feeds

NAF accused of unjustifiable money grabbing

Tells us something we don't know

  • alert
  • submit to reddit

High performance access to file storage

The National Arbitration Forum has been accused of pocketing money for a case that never happened.

The controversial domain name arbitrator has been criticised in the past for making arguable decisions in favour of trademark holders but in this case NAF is refusing to refund a $1250 fee paid by the respondent.

The case concerned Tobacco.com, owned by Michael Fischer. Mr Fischer received NAF notification of a complaint from a company calling itself Tobacco.com. The people behind Tobacco.com have attempted on several occasions to take advantage of the flawed UDRP (uniform dispute resolution policy) used by ICANN arbitrators by naming itself after a domain name and then applying for a trademark on that name.

The case should have been thrown out but stretched to numerous emails and legal notices. Tobacco.com chose to pay for only a single panellist to decide the case, however Mr Fischer wanted a three-panellist decision. Subsequently he was told by NAF he would have to pay it $1250 for the extra two judges. This he did.

However, when Tobacco.com dropped its complaint, Mr Fischer was expecting the $1250 fee back. It didn't arrive and when he called NAF, he was told he would not get any refund - even though the panel never sat.

Mr Fischer is not happy: "How can the NAF possibly 'justify' keeping my $1250 in monetary funds, if they will not employ them for the purpose for which they were tendered?," he told us. "I feel not only harassed by a frivolous and fraudulent UDRP case, but also cheated by the NAF itself! The $1250 was money to be paid to a three-member panel. If the panellists will not be receiving the $1250, then WHO THE HELL GETS IT?"

When his lawyer protested against NAF decision not to refund the fee, he was told it was justified since "the result is that your client gets to keep the name, which is the result you wanted to achieve."

We have protested loudly in the past that the way the current rules stand, innocent domain name owners can be subject to large legal costs to defend something that they have every right to. [A call to reform the UDRP rules was ignored by ICANN at its last meeting.] ®

High performance access to file storage

More from The Register

next story
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.