StubHub won a UDRP decision over 123 domain names that were owned by 2 different respondents. The case is noteworthy for how the panel dealt with the consolidation issue which allowed eBay Inc. to join in the proceeding and included a second respondent who the Complainant argued was an “alter ego” of the first respondent.
The standard for including another respondent in a UDRP proceeding is one of “common control” according to the panel. Specifically, the panel explained:
“[c]onsolidation of multiples registrants as respondents in a single administrative proceeding may in certain circumstances be appropriate under paragraphs 3(c) or 10(e) of the Rules provided the complainant can demonstrate that the disputed domain names or the websites to which they resolve are subject to common control, and the panel having regard to all of the relevant circumstances, determines that consolidation would be procedurally efficient and fair and equitable to all parties.”