Complainant is Brime, LLC (“Complainant”), represented by Robby Anderson of Balch & Bingham LLP, Alabama, USA.
A majority of the Panel (Professor Sorkin and Mr. Brown) finds that the Complaint was brought in bad faith, in an instance of reverse domain name hijacking, and constitutes an abuse of the administrative proceeding.
As the Panel’s conclusion on the first element is dispositive of the present dispute, a majority of the Panel declines to address the other elements set forth in Paragraph 4(a).
Accordingly, the Respondent has prevailed on all three issues and in the light of that has asked a finding of RDNH. Panelist Brown would make that finding.
This case is what is sometimes referred to as a “Plan B” scenario, where a complainant attempts to purchase a domain name and then switches tactics, bringing a complaint under the Policy despite a clear inability to make the required showings.
Complainant is represented by counsel with experience in the UDRP process, who likely advised Complainant that its position was unsupportable.
Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.
Accordingly, it is Ordered that the <brime.com> domain name REMAIN WITH Respondent.