Reverse Domain Name Hijacking (RDNH) is effort to steal a domain name from its proper owner through legal complaint to WIPO (the World Intellectual Property Organization; or other official body) that a domain was registered and used in bad faith, and also infringes a trademark.
In some jurisdictions the RDNH finding can be used to bring charges. Legal terms & definitions differ around the world, but complainants guilty of RDNH might later be counter-charged with:
HallofShame.com
RDNH.com
There are no automatic WIPO penalties, so RDNH findings need support & publicity.
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It's not uncommon that trademark holders misunderstand their rights. Trademarks are registered for a specific class of goods, within a specified geographic region, for a specific period.
Others in the same jurisdiction may hold similar valid trademarks for different goods and services.
Other businesses can use a word or phrase differently, for a different product, with no registration, and not infringe trademark.
Lawyers may belittle these key points in hope of generating business, but poor understanding threatens the reputation & livelihood of everyone involved in a complaint, and can soil corporate reputation. Domain name UDRP (Uniform Dispute Resolution Policy) cases are read carefully by a great many concerned investors & officials around the world. Too many cases include misrepresentation or deception by the complainant, or abuse of the process (as with the P&G swash.com case). Beware.
In some jurisdictions the RDNH finding can be used to bring charges. Legal terms & definitions differ around the world, but complainants guilty of RDNH might later be counter-charged with:
- Attempted Theft
- Attempted Grand Larceny
- Robbery by Deceit
- Attempted Robbery
- Fraud
HallofShame.com
RDNH.com
There are no automatic WIPO penalties, so RDNH findings need support & publicity.
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It's not uncommon that trademark holders misunderstand their rights. Trademarks are registered for a specific class of goods, within a specified geographic region, for a specific period.
Others in the same jurisdiction may hold similar valid trademarks for different goods and services.
Other businesses can use a word or phrase differently, for a different product, with no registration, and not infringe trademark.
Lawyers may belittle these key points in hope of generating business, but poor understanding threatens the reputation & livelihood of everyone involved in a complaint, and can soil corporate reputation. Domain name UDRP (Uniform Dispute Resolution Policy) cases are read carefully by a great many concerned investors & officials around the world. Too many cases include misrepresentation or deception by the complainant, or abuse of the process (as with the P&G swash.com case). Beware.
