Longest Running Domain Name Dispute Concludes

The longest running Uniform Domain Names Dispute Resolution Policy (UDRP) case came to a close recently, two years and four months after the complaint was initially filed. Stanley Works, a manufacturer of well-known tools and household hardware, had filed its UDRP complaint with the National Arbitration Forum on April 27, 2000, requesting that McNeil & Associate transfer the domain names stanley-proto.com, stanley-husky.com, stanley-tools.com, and stanley-hardware.com to the complainant. The UDRP case was initially stayed in 2000 after McNeil filed an action in the U.S. District Court for the Northern District of California. McNeil's case in the U.S. District Court was dismissed for forum non-conveniens. The 9th Circuit Court of Appeals then affirmed the ruling on April 10, 2002. After losing at the appellate level, McNeil contended that it was going to appeal the decision to the United States Supreme Court. As a result, the UDRP panel continued to stay the proceedings until August 10, 2002, the last day by which McNeil could appeal to the United States Supreme Court. When McNeil failed to pursue its appeal, the panel finally ordered McNeil to transfer the four domain names to the Stanley Works. This case demonstrates that, in certain cases, UDRP proceedings, like litigation, can take a long time to resolve. For example, a respondent in a UDRP proceeding may commence civil actions during the UDRP process simply to delay the decision, and thus undermine the intent of the UDRP policy, which is to deal with domain name disputes quickly and efficiently. For a copy of the UDRP decision, visit: http://www.arbforum.com/domains/decisions/94671.htm