Today, I found another interesting news story related to the UDRP case on XMY.com. The story is based on information provided by the lawyer of the respondent Lv Chang Bing, and gives us further insight in this legal case. For the background of this dispute, please read my post published yesterday.
The complainant hired a very experienced law firm, listed a large volume (40+) of evidences, and demonstrated with much force — for example all screenshots were notarized — that they were well prepared to win the case. Their tactic was to overwhelm Lv so that he was unable to respond within the short time allowed by the proceeding. They probably hoped Lv would give up the domain name without a fight.
However, the investor believes he has the legitimate ownership of the domain name. Together with an experienced law firm, they fought back. They did so by focusing on the most important point — and not be distracted by the non essential complaints — registered trademark or common law rights. Their research revealed the complainant actually did not own any registered trademark on XMY. Also, common law rights could not be established on XMY because there was no evidence XMY was extensively and continuously promoted so that it had acquired distinctiveness.
This is a very fascinating story, and they also argued beautifully in other areas. If you can read Chinese, you can find the story at http://news.west.cn/8341.html. Finally, the defense lawyer gave the following recommendations to domain investors.
- Read a lot and beware of stolen domain names.
- Keep all evidence of domain ownership, particularly purchase transaction details.
- Respond to UDRP with confidence and good preparation.
- Study UDRP cases to familiarize yourself with tactics used by reversed hijackers.
Note: I’m not a lawyer, so what I have written here may not be legally correct. Always do your own research. However, I do have one suggestion to the defense lawyer. Their official website is Todaylawyer.com.cn, which has the same meaning as the Chinese name of the firm (今天律师). As a law firm experienced in domain names, they should know their domain extension is weak. Upgrade to Todaylawyer.com or Todaylawyer.cn is recommended.