Scottmorrison.com.au and Scotty Doesn’t Know or the Troubles of the Australian Prime Minister

Australian Prime Minister Scott Morrison presumably failed to renew the domain name of his personal website scottmorrison.com.au. A few hours after its expiration, this domain name was registered by a third party who uploaded an ironic content on the webpage associated with the domain name. Indeed, visitors could listen to Scotty Doesn’t Know, the title of an American punk band called Lustra. That is to say: Mr. Morrison did not know how to renew a domain name. Since then, the content of the site has been removed.

In order to avoid such disappointments, it is advisable and preferable to rely on the services of a portfolio management company such as IP Twins.

For the time being, there are several solutions for Mr. Morrison: negotiation, mediation (not very effective in this type of dispute), judicial procedure (if the complainant is considering the transfer of the domain name, damages, and the reimbursement of the procedural costs) and the auDRP procedure (if the complainant is happy enough with the transfer of the domain name). The auDRP procedure is so similar to the UDRP that it is permissible to refer to the UDRP decisions. On several occasions, UDRP panelists have decided that the registration of a domain name immediately after its expiration may be constitutive of bad faith, among other circumstances. Moreover, the WIPO Overview 3.0 dedicates a few words to this issue:

“Particular circumstances may include the following: (…) the timing and circumstances of the registration name registration)” (WIPO Jurisprudential Overview 3.0, para 3.2.1 Additional bad faith consideration factors).

However, everything is about circumstances, as the following examples show:

2005-06-07, WIPO D2005-0183, Algiubagio di Antonello Giulio & C, S.N.C v. Domain Admins, June7, 2005algiubagio.comDenied
2005-10-20, WIPO D2005-0638, Salton Europe Limited v. Jeffrey Chen, October 20, 2005esaltoneurope.comTransfer
2010-03-03, WIPO D2010-0096, U-Dox Brand Development Limited v. Galina Budko, March 3, 2010spinetv.comTransfer
2013-07-18, WIPO D2013-1047, Fluor Corporation v. “acom”, July 18, 2013fluor.mobiTransfer
2017-08-15, WIPO D2017-1270, Telect, Inc. v. Arvind Reddy, August 15, 2017connectingthefuture.comDenied

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