Marc Randazza (Complainant) of The Randazza Legal Group wins UDRP action against Cybersquatter Crystal Cox (Respondnent) for the bad faith registration and use of domain names incorporating the Complainant’s personal name.
Further, the Respondent, in registering multiple domain names which each incorporated the Complainant’s personal name or surname – all of which are identical to corresponding ones of the Complainant’s RANDAZZA Marks, certainly denied the Complainant the right to reflect any of those marks in a domain name and exhibited a pattern of conduct in doing so.
Lastly, the Respondent’s websites, to which the disputed domain names resolved, contained pay-per-click (click-through) links to third-party websites, including that of a competitor of the Complainant. Obviously, in doing so, the Respondent relied on the confusion she caused to Internet users who thought they were reaching the Complainant’s website but in actuality were diverted to one of the Respondent’s websites instead for her own pecuniary benefit in subsequently collecting click-through revenue as a result of some of those users interacting with those sites – revenue she would not have gained but for the diversion, and denying the Complainant legal business and his resulting revenue which he and his law firm may have otherwise received had those users not been so diverted.
The panel concluded that the respondent violated bad faith provisions under the Uniform Domain Name Dispute Resolution Policy.
Hence, the Panel concludes that the Respondent violated paragraph 4(a)(iii) of the Policy including both the general bad faith provision in paragraph 4(b) and also the specific exemplary bad faith conduct set forth in each of paragraphs 4(b)(ii), (iii) and (iv) thereof.
Full Decision Below:Randazza v. Cox