Feeds

NAF accused of unjustifiable money grabbing

Tells us something we don't know

  • alert
  • submit to reddit

Intelligent flash storage arrays

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.] ®

Intelligent flash storage arrays

More from The Register

next story
I'll be back (and forward): Hollywood's time travel tribulations
Quick, call the Time Cops to sort out this paradox!
Musicians sue UK.gov over 'zero pay' copyright fix
Everyone else in Europe compensates us - why can't you?
Megaupload overlord Kim Dotcom: The US HAS RADICALISED ME!
Now my lawyers have bailed 'cos I'm 'OFFICIALLY' BROKE
MI6 oversight report on Lee Rigby murder: US web giants offer 'safe haven for TERRORISM'
PM urged to 'prioritise issue' after Facebook hindsight find
BT said to have pulled patent-infringing boxes from DSL network
Take your license demand and stick it in your ASSIA
Right to be forgotten should apply to Google.com too: EU
And hey - no need to tell the website you've de-listed. That'll make it easier ...
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
The total economic impact of Druva inSync
Examining the ROI enterprises may realize by implementing inSync, as they look to improve backup and recovery of endpoint data in a cost-effective manner.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.