Interesting UDRP ruling

This is...interesting...

http://www.thedomains.com/2012/02/23/fcm-com-a-domain-acquired-in-a-phising-scam-taken-in-a-udrp/

The phishing angle is nothing new, but the fact that WIPO basically is flaunting their adherence to policies (specifically in this case trademark or lack thereof) is problematic to me.

In other words, based on this ruling, WIPO has now bent their policy to cover an alleged domain name theft case, which other panels previously declined to do.

I find it bothering that common use of a mark now qualifies as a legal mark to UDRP. To obtain a legal mark in the USA is expensive and much research has to be performed before a mark is granted. Now it appears WIPO just stomped all over the Federal Copyright / Trademark jurisdiction and granted protection for a mark that never existed.

The outcome of the case, if the facts are true, was correct but it should have been handled in Federal Court. Of course, without a valid mark I wonder if the Federal Courts would have considered protection? Sounds like the defendant never showed so a default judgment would have happened most likely. WIPO should have referred the case to the proper jurisdiction IMO.