Domain Owner sues National Arbitration Forum and complainant following losing UDRP

Lawsuit names UDRP complainant and National Arbitration Forum.

VirtualPoint, Inc., which operates the site UDRPSearch.com, has filed a lawsuit following losing a UDRP for the domain name WindCreek.com.

The firm filed the suit (pdf) against not only the complainant in the case but also the National Arbitration Forum.

Against complainant Poarch Band of Creek Indians, VirtualPoint alleges that the group fraudulently obtained its Wind Creek trademarks and manipulated evidence by searching for a specific keyword on the WindCreek.com parked page.

In an unusual move, VirtualPoint also named UDRP venue National Arbitration Forum (NAF) in the suit. It alleges that “NAF attributes factual assertions in the Respondent allegations section that were not stated by either Respondent (i.e., Plaintiff) or Complainant…”

Specifically, VirtualPoint is upset that the decision states that the plaintiff is a “generic domain name reseller”, and that the decision contains an error stating that it used a privacy service.

It asked NAF to remove or redact the decision, but NAF declined.