Nevyas v. Morgan III (UDRP Action) [1]

On July 1, 2010, Drs. Herbert Nevyas and Dr. Anita Nevyas-Wallace, two Pennsylvania LASIK surgeons, filed requests for arbitration under the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") with the National Arbitration Forum ("NAF"), seeking the transfer of the domain names NevyasLasik.com, HerbertNevyasLasik.com, and AnitaNevyasLasik.com.

According to the Complaint, the websites located at the domain names at issue in the proceeding contain "disparaging and false remarks about Complainants" and falsely imply "that they are owned by Complainants, not that they are owned by an individual criticizing Complainants." (Complaint ¶¶5[a]-[b].)

On August 26, 2010, the National Arbitration Forum decided in favor of Drs. Nevyas and Nevyas-Wallace [2], finding that Morgan's use of the domains was confusingly similar to the Complainants' trademarks, the Respondent had no legitimate interests in the domains, and the domains were used in bad faith.  The NAF ordered the domains transferred to the Complainants.

In response to the NAF's finding, Morgan filed a complaint against Drs. Nevyas and Nevyas-Wallace, seeking declaratory action stating that as a result of the NAF decision, the doctors were in violation of the reverse domain name hijacking provisions of the Anticybersquatting Consumer Protection Act.  See Morgan v. Nevyas.

The parties have previously been involved in federal and state court litigation over allegedly defamatory statements made by Morgan about Drs. Nevyas and Nevyas-Wallace.

Related case in state court: Nevyas v. Morgan [3] (state lawsuit)

Related case in federal court: Nevyas v. Morgan II [4] (federal lawsuit).