October 13, 2004

Fraudulent transfer exceeds scope of policy

This is a story that might remind you of the sex.com litigation. In this case (Miff Munitions, Inc. v. Domains for Cheap, NAF, Sept. 28, 2004), the Complainant originally registered the domain name 9mm.com with Network Solutions and had paid the registration fees for the domain name through the year 2012. Network Solutions later sent an e-mail to Complainant stating that the password for the disputed domain name account had been changed. The domain name registration was subsequently transferred to a different registrar and to another domain name registrant. The Panel found that, although it appeared that Complainant was the victim of fraudulent activity, the purpose of the Policy is to deal with abusive domain name registrations by deterring the abusive practice known as "cybersquatting," not fraudulent registration transfers. Therefore, the Panel found that the case exceeded the scope of the Policy.

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