""This is the first time in a long time that a WIPO panel found reverse domain
Fcc.com - The Spanish complainant - a concrete company - didn't mention what, if anything, the respondent was doing with the domain name. Of course, if you look at the site, anyone can see that it is an RSS aggregator for stories relating to the Federal Communication Commission.
The Panel found this kind of creative omission to be abusive, regardless of whether the Complainant did it on purpose. The money quote is where the Panel itself mentioned that a three-member panel pays closer attention to these things than a single member panel:
"[T]he Panel observes that if there had been no response, there would have only been one panelist (it was the Respondent who sought a three member panel) and it is known that some panelists take a more robust view than others where there is no response and some panels restrict their consideration solely to the papers before them. Accordingly, it is not inconceivable that a sole panelist might have decided the case without looking at the Respondent's website and might have come to a different conclusion. [...]
Anyone examining the Respondent's website could see that it was a genuinesite and that anyone1 launching a complaint was bound to fail. The Complaint makes clear that the Complainant had visited the Respondent's website. The Complainant mentions the fact that the Respondent's website features revenue earning advertisements, but does not identify the nature of the advertisements; moreover, the Complainant uses the fact of those revenue earning advertisements (i.e. commercial gain) as a basis for its bad faith claim. The Panel is in no doubt that it was incumbent upon the Complainant in the circumstances of this case, noting in particular the nature of the domain name in question, to provide the Panel with sufficient detail of the Respondent's website to enable the Panel to make a fair assessment." There are a couple of money quotes in the decision. ""
***FS*** Terrific decision and blog fodder