Morning Folks!!
The Poster Boy for Reverse Domain Hijacking, Márcio Mello Chaves, has hit a little snag. I received the '5 Day Stay' early this morning. I will share the details.
The case will not been accepted by WIPO citing lack of specifics in accordance with 'Bad Faith' unless amended by March 24th. So the clock is ticking. Let's see.
'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:
(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.
Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.
(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).
Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'
I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'
Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. The 'Clown' would have to turn himself into a 'Magician'!
And so on this single point alone Márcio Mello Chaves will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied if/when it ever goes forward! It is flawed on so many levels it could not even reach the lowest bar let alone some of the high hurdles.
Márcio Mello Chaves of Brazil Acting in BAD FAITH on behalf of SaveMe.com.br
The POSTER BOY for Reverse Domain Hijacking
Stay Tuned!
Rick Schwartz
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