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Ari Goldberger Defends PropellerHead com

03/03/2009
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Domain attorney helps registrant keep domain name in UDRP.

When you think of “propeller head”, what comes to mind? I think of those beanie hats with a propeller on them. You know, the type that nerds wear. Pilots might think of the plane part.

But a software company thought it should have rights to PropellerHead.com. Unfortunately for Propellerhead Holding AB, it couldn’t convince a three person panel at National Arbitration Forum.

The registrant of PropellerHead.com at one time had the domain parked at Hitfarm with links that may be competitive to the software company. But before receiving the complaint, it had switched the landing page to a generic page with a search box.

The panel decided that the domain was not registered and used in bad faith, giving victory to Goldberger and his team. But I’m surprised at the brevity of the panel’s written decision. Goldberger appears to have asked for a finding of reverse domain name hijacking. Panels usually consider all three elements of a case when reverse domain name hijacking is alleged, yet in this case it only considered the bad faith argument. The panel punted and merely wrote:

“The Panel does not find that Complainant has attempted to engage in reverse domain name hijacking.”

It provided no reasoning whatsoever.

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