Sahil Gupta, world class idiot, tried to steal the domain name Spase .com for the 3rd time and again failed miserably even though the owner did not respond to the UDRP.
He first filed for a Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name Spase.com at the World Intellectual Property Organization (WIPO). This UDRP was denied by a 3-member panel and Sahil Gupta was found guilty of Reverse Domain Name Hijacking.
He then filed the same UDRP complaint at The Forum (formerly known as the National Arbitration Forum). The complaint was of course denied and the 1-member panel found Sahil Gupta once again guilty of Reverse Domain Name Hijacking. The respondent didn’t even file a response this time.
This 3rd time he filed the same UDRP complaint for the same domain name spase.com at Arab Center for Dispute Resolution (ACDR). I have no idea what he expected to accomplish with this but all he got was another loss.
The Panelist Prof. Hossam El–Saghir said in the decision:
The current facts do not fulfil this test given that the Domain Name spase.com had been registered fourteen years before the Complainant had any rights in the name SPASE. In light of the two previous Panel decisions, this Panelfinds that Complainant succeeded in proving bad faith use of the disputed domain name, but failed to prove bad faith registration due to the fact that the domain name registered fourteen (14) years before the Complainant had any rights in the name SPASE. Therefore, the Panel finds that bad faith registration of the domain name is not established.
Establishing bad faith requires the complainant to establish that it was targeted by such registration at the time it was made. The date the panel will consider in assessing bad faith registration is February 3, 2005, i.e. the Creation date of the domain. The Panel does not uphold the Complainant’s argument that the Respondent’s registration was in bad faith.It is noted that panels have found that the mere renewal of a domain name registration by the same registrant is insufficient to support a finding of registration in bad faith. (WIPO overview 3.9) The Respondent registered its domain name fourteen years before the Complainant began to use and acquired any rights in the name SPASE. Therefore, there is no evidence that the Respondent targeted the Complainant at the time of registration of the domain name.
The Policy aims at providing expeditious resolution of domain name disputes without affecting the Complainant’s right to seek national courts. Repeated filing of unsuccessful complaints without presenting new grounds that had not been available before unnecessarily clutters the system and undermines the expeditious resolution of disputes. Following the basic principles and reasoning of Grove Broadcasting and Creo Products and subsequent cases, this panel finds that the complainant had failed to show that it could not have obtained the evidence supporting arguments two and three evidence outlined earlier at the time of the prior proceedings. Therefore, the new evidence cited by the complainant does not justify consideration of the Refiled Complaint. It still has the option to seek relief from the national courts of the Respondent’s country, i.e. the US courts.
The complaint was of course once again denied and Sahil Gupta became one of those very rare idiots that has 3 lost UDRPs for the same domain and 2 Reverse Domain Name Hijacking rulings for the same domain name!
I will leave a tweet and a video here that clearly describe this person. I am very sorry but he clearly needs immediate medical attention. Somebody help him.
I started before https://t.co/uuNiTm5un0
— Sahil Gupta (@sahil5d) March 11, 2021
The domain name Spase.com was registered in 2005.
And here is the video where he says Spase Inc. is a 2 year old start up:
Read more about Sahil Gupta, aka “The Idiot”, here: