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An Arbitrator’s View of Reverse Domain Name Hijacking

ow a UDRP panellist approaches the issues of Reverse Domain Name Hijacking and abuse of process.

by The Hon Neil Brown QC

[Editor’s note: in this exclusive guest article, The Hon. Neil Brown explains how he approaches the question of reverse domain name hijacking in UDRP decisions. Brown is an arbitrator and has heard dozens of cases at National Arbitration Forum and WIPO. He recently wrote a detailed finding of RDNH in a case for Shoeland.com. You can read more about Brown on his web site, DomainTimes.info.]

The first step that a panellist should take is to remind him or herself that, as with all issues, an application for a finding of Reverse Domain Name Hijacking (RDNH) should be judged as an individual case to be decided on its own merits and in the light of proper principles and the evidence adduced in the particular case for decision. Previous decisions are, of course, always interesting, but they must not be regarded as precedents to be followed slavishly and must not have priority over the facts in the instant case that is before the panellist. By the same token, panellists should approach the issue with the objectivity and independence they bring to bear to all proceedings.

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