Following Losing UDRP, Save The Children Federation Sues to Get Domain Name
Non-profit sues following losing UDRP.
Save the Children Federation is suing the owner of MySaveTheChildren.org following failing to win the same domain name in a UDRP proceeding.
The non-profit filed a UDRP case against the domain owner ProServices in April. ProServices forwards the MySaveTheChildren.org domain name to its zulufamily.net web site, which collects donations.
Save the Children Federation lost the UDRP, apparently hinging on whether or not ProServices knew of Save the Children when it registered the domain name. The panel considered that “Save the Children” could be descriptive and there was a plausible case that ProServices didn’t know regarding it when it registered the domain.
The lawsuit (pdf) mentions a cease and desist letter sent to the defendant, but fails to mention the UDRP. Although a court doesn’t need to provide deference to a UDRP, I find it disingenuous when it’s not mentioned in a subsequent lawsuit.
The case was filed in Connecticut. ProServices ought to be able to argue to change the venue; when submitting the UDRP Save the Children Federation had to select a venue of Arizona (where GoDaddy is based) or Mississippi (where ProServices is based).
