Analyzing the Outcome of Praetorian Legal Limited v. Michael Ross: A Study in Domain Name Dispute Resolution

In the case D2019-2468, Praetorian Legal Limited, a UK-based timeshare termination company, filed a complaint against Michael Ross over the domain name ‘tess-timeshare.com’. Filed on October 9, 2019, with the WIPO Arbitration and Mediation Center, the complaint was based on the claim that Praetorian had unregistered trademark rights in the term ‘timeshare’. The domain, registered on October 4, 2016, was linked to a website criticizing various timeshare-related businesses and individuals, including Praetorian Legal Limited.

The panel, led by Nick J. Gardner, found that Praetorian did not hold any trademark rights in the term ‘timeshare’, as it was a generic term used in its dictionary sense. The panel observed that the respondent’s website appeared to be a legitimate criticism site without commercial use. Consequently, the complaint was denied for lack of evidence of trademark rights and bad faith registration and use by the respondent.

The panel also considered the possibility of Reverse Domain Name Hijacking (RDNH) due to the inadequacy of the complaint. However, it concluded that a finding of RDNH was unnecessary, attributing the complaint’s failures to a lack of understanding of the Policy rather than intentional misconduct. The decision was made on November 29, 2019.

This case underscores the importance of understanding the basics of trademark law and the criteria for domain name disputes under the UDRP policy. It highlights that unregistered or generic terms, especially those used in their dictionary sense, are unlikely to be considered as grounds for a domain name dispute. Additionally, the case demonstrates the policy’s approach to criticism websites and the distinction between legitimate noncommercial use and bad faith registration and use.

In the case D2019-2468, Praetorian Legal Limited, a UK-based timeshare termination company, filed a complaint against Michael Ross over the domain name ‘tess-timeshare.com’. Filed on October 9, 2019, with the WIPO Arbitration and Mediation Center, the complaint was based on the claim that Praetorian had unregistered trademark rights in the term ‘timeshare’. The domain, registered…