Should the Brazilians pay restitution to Rick Schwartz?

When the WIPO determines there is a case of reverse domain name hijacking, there should be a penalty imposed.

Rick Schwartz won the UDRP against the domain name, SaveMe.com fair and square, after a remarkable defense by Howard Neu.

The WIPO panel found that not only there was no case as presented by the Complainant, Brazilian corporation SaveMe.com.br but that they are to be tagged as “Reverse domain name hijackers“.

Howard Neu is a long time partner and friend of Rick Schwartz’s – but this does not mean his time and effort comes for free.

So the question is, since Marcio Mello Chaves and his company were found to have acted as “reverse domain hijackers” in the SaveMe.com case, should they pay at least the legal costs to Rick Schwartz?

Your opinion matters.

What should be the penalty for RDNH?

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Comments

6 Responses to “Should the Brazilians pay restitution to Rick Schwartz?”
  1. Gnanes says:

    They won’t pay him unless he goes to court. It would be a long process and money is better saved.

  2. Lucius "Gunz" Fabrice says:

    Gnanes – Exactly why a UDRP should include this type of punishment; e.g. when filing a UDRP as the Complainant and you’re found to be a RDNH’er, your CC on record gets charged.

  3. BullS says:

    Islamic Syriah law comes in handy …

    chop the hands that steal

    cut the tongue for defamation

    and

    everyone gets 5 stones of your choice……

    now go for it!

  4. Darth says:

    While we are at it, how about an adverse possession rule too? If you have owed a domain open and notoriously for 7 years, you should be free from having to worry about a domain name challenge. A no brainer.

  5. adrian keys says:

    Only if it would stop others from trying the same thing but @Gnanes is right plus no guarantee people would be deterred.

  6. Hello Lucius,

    Say you wake up tomorrow, you go to your site or sites and they are gone Hi-jacked, stolen ! by Felons ,

    whose intent is to crush and burn the very Fondation of your life. Now pretent you become a pretty

    excitable boy and study and pass your bars. Do you think you could WIN ?

    It all comes down to the will of the attorney not the victim !

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

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