Tag Archives: john berryhill

Mon 17th August 2015
Written by The Domains in EN and tagged
Donald Trump May Own Over 3K Domains But Doesn't Own Trump.org & Isn't Happy About It - Several mainstream websites recently wrote about how many domain names the Trump Organization owns, including BusinessInsider.com that said  the Trump Organization owns 3,153 domain names. boingboing, weighted in  with a story entitled “Donald Trump owns vast numbers of web addresses”. Suntimes.com, published a story entitled “Donald Trump probably already owns your anti-Trump domain name” Probably is right! One domain name that was not mentioned in any of these stories is the domain name ... read more ...
Wed 15th July 2015
Written by DomainNameWire in EN and tagged
Judge: "You were perplexing to set him up" in cybersquatting case - Judge rips apart cybersquatting lawsuit. Want to see what it’s like when someone brings a weak cybersquatting case in front of a judge? Domain Name Wire has obtained the transcript from a hearing over a motion for preliminary injunction in the WorkBetter.com case. Office Space Solutions, run by Harsh Mehta, is starting a new business called Work Better. It tried to buy WorkBetter.com from Jason Kneen, who registered the domain name in 1999, last year. Metha then filed a trademark application. ... read more ...
Mon 1st June 2015
Written by DomainNameWire in EN and tagged
John Berryhill on domain name law and cybersquatting – DNW Podcast #35 - Protect yourself from cybersquatting claims. What happens when a company thinks you’re cybersquatting on one of its trademarks? Domain name attorney John Berryhill has helped people defend many such accusations. On this episode he explains what a company has to prove in the Uniform Domain Name Dispute Resolution Policy (UDRP). He also discusses some common misconceptions about the factors that will sway a UDRP panel one way or the other. Did you know that parking your domain name can actually help ... read more ...
Mon 13th April 2015
Written by DomainNameWire in EN and tagged
Bring out a Piñata: Fiesta.com UDRP fails - Panel rules domain name not registered in bad faith. A World Intellectual Property Organization panel has found in favor of the owner of the Fiesta.com domain name in a UDRP, although just one of three panelist found the complainant to have engaged in reverse domain name hijacking. Dean Simmons, Sàrl and Heintz Van Landewyck S.à.r.l. filed the UDRP against Fiesta.com. The company appears to have recently launched an e-cigarette under the Fiesta brand, but it also pulled up some old (and questioned) ... read more ...
Tue 13th January 2015
Written by DomainNameWire in EN and tagged
Company creates Magical Mystery claims, loses UDRP - Motive behind creating ad agency website and trademark claims are questioned. San Francisco company Hippie Tours LLC has lost a UDRP against the domain name HippieBus.com. It made a number of Magical Mystery claims in its UDRP. John Berryhill represented domain name owner Mansour Elseify in the case. On the surface, this case appeared to be one where a clueless complainant went after a domain name registered many years before the complainant started its business. ... read more ...
Tue 23rd September 2014
Written by DomainNameWire in EN and tagged
Sun City Casino Gambles On UDRP And Loses - A confusing set of circumstances, but panel rules it certainly isn’t cybersquatting. Sun International Limited, operator of hotels and casinos in Africa and Latin America, has lost a UDRP for SunBet.com. The company failed to prove that the respondent, Sun Ventures Development Limited, lacked rights or legitimate interests in the domain name and didn’t prove it was registered in bad faith. This is a case in which the panelists earned their keep; there’s a confusing ... read more ...
Fri 12th September 2014
Written by DomainNameWire in EN and tagged
Frank Schilling gets retreat domain name hijacking win on Puket.com - “Ah, Puket, let’s file this case and hope they don’t show up.” Clothing company IMB Textil S.A., which uses the domain name puket.com.br, has been found guilty of Reverse Domain Name Hijacking (RDNH) for trying to steal Puket.com through UDRP. Frank Schilling parked the domain name Puket.com, an alternative spelling of Phuket in Thailand, and it showed links related to to island. IMB Textil filed the UDRP after initiating purchase negotiations with Schilling, ... read more ...
Wed 27th August 2014
Written by DomainNameWire in EN and tagged
UDRP: Girls Do Porn, though association Doesn’t Do Trademarks well - Company runs site that is rather descriptive of its services. BLL Media Holdings has lost a UDRP it filed against Infinitoria Ltd over the domain name GirlDoPorn.com (in which “girl” in singular). The complainant purports to run the site GirlsDoPorn.com (in which “girls” is plural). BLL failed to show the World Intellectual Property Organization panelist that the domain name was confusingly similar to a mark in which it had rights. The domain name GirlsDoPorn.com ... read more ...
Wed 25th June 2014
Written by DomainNameWire in EN and tagged
The Great Courses loses dual UDRPs on a same day - Company that owns TheGreatcourses.com loses two cases in one day. The Teaching Company, LLC, d/b/a The Great Courses, lost two UDRPs on the same day this week. The company lost a case filed against Marchex for GreatCourses.com and against Michael Berkens for GreatCourse.com. Conveniently, John Berryhill represented both parties. In both cases, The Great Courses failed to prove the domain names were registered and used in bad faith. Marchex has owned GreatCourses.com ... read more ...
Fri 20th June 2014
Written by DomainNameWire in EN and tagged
Michael Berkens wins UDRP box involving dual colorful lawyers - Randazza and Berryhill square off over X-Videos.com. Two of the most colorful lawyers in the trademark/UDRP business squared off in a UDRP over one of Michael Berkens’ domain names. Marc Randazza’s law firm represented WGCZ S.R.O., which filed a UDRP over Berkens’ domain name X-Videos.com. John Berryhill represented Berkens. Anyone familiar with the work of Randazza and Berryhill would expect rather colorful submissions by each party. Indeed, the three person ... read more ...
Fri 25th April 2014
Written by DomainNameWire in EN and tagged
Frank Schilling beats $200 billion medical hulk Novartis in UDRP - 9 year delay in filing UDRP hurts pharma company’s claim of disruption to its business. Frank Schilling has successfully defended the domain name ClearCare.com in a UDRP filed by Novartis AG. Novartis, which has a $200 billion market cap, offers a line of contact lens cleaning solutions under the name Clear Care. Schilling (through attorney John Berryhill) noted that his business involves registering expired domain names and parking them with ad links unrelated ... read more ...
Tue 4th March 2014
Written by DomainNameWire in EN and tagged
See how John Berryhill schools a UDRP complainant - Berryhill brings it home in ican.com case. John Berryhill has successfully defended Digimedia’s domain name ican.com in a UDRP brought by Galaxy Rainbow Limited in Hong Kong. Berryhill pokes a number of holes in Galaxy Rainbow’s case, but really brings it home in the “registered in bad faith” section. For your reading enjoyment: …the Respondent registered the domain name in 1998 – ten years prior to the earliest evidence of a trademark registration presented ... read more ...
Tue 17th December 2013
Written by DomainNameWire in EN and tagged
Domainers are going to adore and hatred a QLP.com UDRP decision - Complaint fails, by why did only one panelist find Quality Logo Products guilty of reverse domain name hijacking? Get On The Web, Ltd has successfully defended the domain name QLP.com in a UDRP brought by Quality Logo Products, Inc. While the overall decision in the case was good, domain investors are still going to be upset about some of the details. The obvious fact here is that QLP.com is a generic domain. It was also registered in 1999. That’s seven years before ... read more ...
Mon 25th November 2013
Written by DomainNameWire in EN and tagged
Gold Coast Tourism Corporation guilty of retreat domain name hijacking - Tourism group guilty of trying to hijack domain name from Digimedia. Gold Coast Tourism Corporation Ltd. has been found guilty of reverse domain name hijacking in a UDRP over the domain name GoldCoast.com. The case was filed against Digimedia, which was represented by John Berryhill. The complainant, a non-profit that promotes the Gold Cost in Australia, uses the domain name at visitgoldcoast.com. Gold Coast Tourism alleged that Digimedia asked $1 million for the ... read more ...
Thu 24th October 2013
Written by DomainNameWire in EN and tagged
Michael Berkens defends RoadWatch.com domain name in UDRP - Complainant loses all three prongs of case. Michael Berkens, who runs the domain name blog TheDomains.com, has successfully defended one of his company’s domain names in a UDRP. Commercial Vehicle Group, Inc filed a UDRP against the RoadWatch.com domain name, a domain that Berkens’ Worldwide Media has owned for about a decade. The complainant failed to even pass the first prong of a UDRP, that the domain name is similar to a mark in which the complainant has rights. ... read more ...
Wed 24th July 2013
Written by DomainNameWire in EN and tagged
Aptus Tech nailed for perplexing to steal domain name from Frank Schilling - Panel determines that Aptus Tech engaged in reverse domain name hijacking. Last month I asked why people didn’t do a bit of research before filing a UDRP against Frank Schilling. The specific case that prompted my article was Klipz.com, which had just been filed. The decision is in, and it’s clear that, not only did the complainant not research who owned the domain, but he didn’t research much about UDRP, either. A three person National Arbitration Forum panel ... read more ...
Mon 11th March 2013
Written by DomainNameWire in EN and tagged
Procter & Gamble guilty of retreat domain name hijacking - Consumer products giant provided false sales numbers to WIPO panel. A World Intellectual Property Organization panel has found Procter Gamble guilty of attempted reverse domain name hijacking over the domain swash.com. Marchex has owned the domain name since 2004. PG launched a new brand called Swash several years later. In its complaint, PG originally stated that it had generated more than $40 million in Swash sales over the past four years. It also claimed some ... read more ...
Thu 3rd January 2013
Written by DomainNameWire in EN and tagged
You’ve got to review this one: Marchex wins Reverse Domain Hijacking charge - UDRP panel finds pet transportation company guilty of reverse domain name hijacking. Marchex, with the help of domain name attorney John Berryhill, has won a charge of reverse domain name hijacking. The case was brought by Airpet Animal Transport, Inc for the domain name PetExpress.com. What makes this case particularly interesting to the public is the volume of the two parties’ pleadings that are included in the decision. The complainant clearly left out important ... read more ...
Thu 27th December 2012
Written by DomainNameWire in EN and tagged
Marchex defends EuroBaby.com opposite Irish company - Company can keep domain acquired with UltSearch portfolio, panel rules. Marchex has successfully defended the domain name EuroBaby.com in a URDP proceeding brought by an Irish company. Eurocycles Eurobaby and Eurotrek Group Limited of Dublin, Ireland sell bikes and strollers. One of its brands, EuroBaby, sells strollers, car seats, baby furniture, and other baby goods. Its site for EuroBaby is EuroBabyNursery.com, so it’s no wonder it wants the better EuroBaby.com ... read more ...
Tue 30th October 2012
Written by DomainNameWire in EN and tagged
“UDRP Veterans” urge domain name - Panel says “UDRP Veterans” know what they’re doing. Garry Chernoff of NetIncome Ventures and domain attorney John Berryhill teamed up to successfully defend the domain name Hennessey.com in a UDRP. There are a couple interesting things about this case: 1. If I see a UDRP and the complainant is not who I would have thought it would be, that’s a pretty good sign that the complaint will fail. In this case, when I saw the domain Hennessey.com, I assumed the complainant ... read more ...
Tue 9th October 2012
Written by DomainNameWire in EN and tagged
Software association guilty of Reverse Domain Name Hijacking opposite Frank Schilling - WIPO panel rules company filed UDRP “to obtain the disputed domain name at any cost”. A World Intellectual Property Organization panel has found a software company guilty of reverse domain name hijacking in a UDRP filed against one of Frank Schilling’s domain names. The UDRP was filed by MetaQuotes Software Corp. for the domain name MetaTrader.com. Schilling’s company registered the domain prior to MetaQuotes filing for a trademark registration or even copyright ... read more ...
Thu 9th August 2012
Written by DomainNameWire in EN and tagged
Amazing! If we hunt for duck in a hunt box, you’ll get duck associated results - Lawyer manipulates parked page links in UDRP. Here’s a fun fact: if you search for “chicken” in the search box of a parked page, you’ll get search results related to chicken. And if you are a complainant basing your allegations of targeted infringement on said search results, you’re probably not going to win your case. That’s what just happened with a case brought by Raising Cane’s USA, LLC. The company owns chicken finger restaurants and apparently ... read more ...
Tue 17th July 2012
Written by DomainNameWire in EN and tagged
DoorKings.com: this is because we sinecure a domain profession for UDRP - A complainant’s UDRP filing should be pretty simple, if it knows what it’s doing. John Berryhill was ready. His client, United Marketing Group, Inc, had to prove to a WIPO panel that its domain names DoorKings.com and DKSOpeners.com were registered in good faith after DoorKing, Inc. filed a UDRP complaint. So he dutifully explained that, as a reseller meeting certain conditions, United Marketing Group had rights or legitimate interests in the domain names. Then ... read more ...
Wed 30th May 2012
Written by DomainNameWire in EN and tagged
John Berryhill’s Farmville gets bigger with Elk.com victory - Pigs, ants, elephants, and elk. Domain name attorney John Berryhill has an animal fetish. When it comes to UDRPs, anyway. Berryhill has successfully defended Pig.com, Ant.com, and Elephant.com. Now you can add Elk.com to that list. I first wrote about this nonsense case back in March. Now the decision has been handed down in favor of the domain owner — with a finding of reverse domain name hijacking. The case was brought by is ELK Accesories Pty Ltd., which has ... read more ...
Fri 11th May 2012
Written by DomainNameWire in EN and tagged
Marchex successfully defends geo domain name in UDRP - Panel rules company can keep Norcross.com domain name. Marchex has successfully defended the domain name Norcross.com in a UDRP with the help of domain name attorney John Berryhill. Marchex acquired the domain when it bought Yun Ye’s Ultimate Search portfolio. Norcross is a suburb of Atlanta and the parked page at Norcross.com has shown links related to Georgia, hotels, etc. The complainant, Norcross Corporation, sells viscosity equipment. While I’ll applaud ... read more ...