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Panel finds that it filed a cybersquatting claim in bad faith.
A National Arbitration Forum panel has found (pdf) that financial giant Charles Schwab tried to reverse domain name hijack schwabfinancialcare .com.
The domain name is owned by Simon Schwab, who registered the domain and created a site offering lending services.
The majority of the panel found that Charles Schwag did not show that Simon Schwab lacked rights or legitimate interests in the domain and registered and used the domain in bad faith.
Panelists David Sorkin dissented.
The two other panelists went a step further and found reverse domain name hijacking, noting that all three panelists were concerned about Charles Schwab’s “lack of candor” in its complaint.
For example, Charles Schwab “disingenuously refers to “Schwab” as “Respondent’s purported surname,” even though by the time it refiled its complaint it had learned the identity of the domain owner and that his last name is actually Schwab.
Charles Schwab also said the domain was inactive even though it knew there was an active website. Apparently, it made this claim because an email it sent to an address on the site bounced.
Panelists Alan Limbury and Neil Anthony Brown thus found reverse domain name hijacking.
Amanda Martson of Holland & Hart LLP represented Charles Schwab, and Jason Schaeffer of ESQwire.com represented the domain owner.
Categories: Policy & Law
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