This UDRP looks really dirty to me.
Borum A/S, a company in Denmark, lost a UDRP if filed against the domain name Borum.com. The decision was correct, but I have deep concerns about the complainant and his representatives at Patrade A/S for filing this case in the first place.
The Whois record clearly indicates that the domain is registered in the name of Thomas A. Borum, DVM in Natchez, Mississippi. This would show that the registrant has a legitimate interest in the domain and the UDRP should fail.
In his filing, the Complainant stated (as told by the panelist):
the Complainant asserts that the Registrant’s name in the WhoIs records may in fact be an alias used to match the disputed domain name.
Someone could definitely use a fake last name in Whois. But I spent 30 seconds googling his name and found this:
The first two results are for the domain owner’s LinkedIn profile. The third (and many more) search results clearly indicate that Borum died in a plane crash in September last year.
I see only two possibilities here. The first is that the Complainant did not take a minute to research the Respondent’s name before asserting that it might be false. The other is that he Googled his name, realized he was dead, and decided now was the right time to file a UDRP.
Both of these possibilities are bad. Either he did not undertake basic research before making his allegation, or he filed a case knowing that the person was dead and did not mention it.
The plaintiff even criticizes the owner of the domain for not having checked the trademarks before acquiring the domain. The panelist summarizes:
At the very least, according to the Complainant, the Respondent deliberately failed to research the conflicting marks before acquiring the disputed domain name.
Thus, the complainant suggests that the domain holder needed to search trademark databases before registering the domain, but (perhaps) did not bother to search for the name of the owner of the domain. domain on Google before filing the file?
Worse still, panelist Alistair Payne noted that even though Borum had searched the trademark database, all records post-date the domain registration.
Payne ruled in favor of the deceased domain name holder. But I have a bad feeling about this case.