Tag Archives: john berryhill

Wed 2nd May 2012
Written by DomainNameWire in EN and tagged
Mastercard loses another Priceless case - Mastercard is devaluing its “Priceless” mark. Last Friday I wrote about how Mastercard lost UDRP cases for pricelessistanbul.com and pricelessamsterdam.com. It just lost another case (pdf), this one involving pricelesslondon.com, pricelessparis.com, pricelessnewyork.com, pricelesslosangeles.com and pricelessmexico.com. Why is Mastercard suddenly going after PricelessCity domain names? It appears to be related to its move to associate its “Priceless” trademark ... read more ...
Thu 8th December 2011
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Frank Schilling and John Berryhill group adult to get RDNH decision - Company files dispute for UDRP in bad faith. Frank Schilling, with the help of attorney John Berryhill, has convinced a UDRP panel that AINS, INC is guilty of reverse domain name hijacking in a dispute over eCase.com. AINS, Inc has a trademark for “ecase” for its software for workflow and case management. It claimed a first use in commerce date of 2009 on its trademark application. Schilling acquired the domain name eCase.com in 2002, so the case had no chance ... read more ...
Wed 22nd June 2011
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Marchex Wins UDRP for Walkaway.com - Panel points out the perils of descriptive marks. Marchex has successfully defended a UDRP case brought against its domain name Walkaway.com with the help of domain name attorney John Berryhill. Complainant Walkaway Canada Incorporated is the company behind the Hyundai Assurance program. The program allowed new car buyers the opportunity to return their car and walk away from the loan in the event of a certain life event such as a job loss. It was offered during ... read more ...
Wed 11th May 2011
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Prominent UDRP Defense Attorneys Also Opposed to UDRP Reform - If it ain’t completely broke, don’t risk breaking it. Yesterday I wrote about how World Intellectual Property Forum and National Arbitration Forum are opposed to initiating a UDRP reform effort at WIPO. They aren’t the only ones in this camp. Prominent UDRP defense attorneys John Berryhill and Ari Goldberger also spoke on yesterday’s “State of the UDRP” webinar. And both of them are opposed to an overhaul of UDRP. This is an interesting dynamic. The ... read more ...
Mon 14th February 2011
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Scott Day’s DigiMedia Wins Reverse Domain Hijacking Charge - WIPO panel finds complaint against DigiMedia.com was brought in bad faith. Legendary domain name investor Scott Day’s company DigiMedia.com has won a charge of reverse domain name hijacking against a Dubai company. Prime Pictures LLC filed the case in an attempt to get the domain name CinemaCity.com. But DigiMedia.com had registered the domain name way back in 1998, about 7 years before the complainant used “CinemaCity” in commerce. That clearly means the ... read more ...
Fri 4th February 2011
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UDRP Panel Weighs in on Domain Broker Responses - Jeff, your point is well taken, and relates to what Michael asked above. The point here is that what is relevant to the UDRP is an intention of registering a domain name with the “primary purpose of selling to to the Complainant or a competitor”. What’s been happening, across the board, is that people have registered and been using domain names for years and years, and then someone in the Complainant’s organization hits up a broker, such as Sedo, Marksmen, Buydomains, and so ... read more ...
Mon 3rd January 2011
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Convoy (.com) Saved from Attack in Hong Kong - Generic domain name registration stays with rightful owner. The domain name Convoy.com has been successfully defended against an attack in a Hong Kong UDRP. The case was brought by Convoy Financial Services, a company incorporated in Hong Kong, against Rainforest Consulting of Tennessee. The respondent was represented by domain name attorney John Berryhill. This dispute is interesting right off the bat because it was decided by Asian Domain Name Dispute Resolution ... read more ...
Mon 22nd November 2010
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Schilling Beats New York Times in Landmark UDRP - Frank Schilling beats media behemoth; panel decision could be important. Frank Schilling’s Name Administration has won a case against the New York Times Company over the domain name DealBook.com. But it’s more than a victory; the National Arbitration Forum panel also addressed an issue that most other panels have dismissed: doctrine of laches. As described by the panel, “Laches is an equitable doctrine that may provide a defense when an adverse party has unreasonably ... read more ...
Wed 20th October 2010
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BizFilings Loses Domain Dispute When Dates Don’t Add Up - Online business formation company loses arbitration case. Business Filings Incorporated, which offers business filing services at BizFilings.com, has lost a domain name dispute over BizFiling.com (singular version). The company registered BizFilings.com back in 1996, but for many years used the brand “Business Filings Incorporated” on its web site. It filed an intent-to-use trademark in 2000 for BizFilings, which was refused a couple years later. Then in 2008 ... read more ...
Wed 30th December 2009
Written by DomainNameWire in EN and tagged
A Belated 2008 Domain Dunce: John Berryhill - Better late than never, here’s a 2008 Domain Dunce Award. What do you mean today is Wednesday? This week I’ve run a series of posts with Domain Dunce Awards for 2009. But there was one I missed last year that is worth giving a retroactive award for. This one goes out to John Berryhill, the well known domain name attorney. What could a domain name lawyer due to earn this not-so-prestigious award? It’s more what he didn’t do: renew his domain name Berryhill.net. ... read more ...
Tue 30th June 2009
Written by DomainNameWire in EN and tagged
Success Bank Unsuccessful in Domain Dispute - Bank tries to get domain registered years before it gets trademark. Success Bank, an Iowa bank, should stick to the banking business. The company failed at arbitration to get the domain name SuccessBank.com from its owner, who registered the domain name in 2003. The bank changed its name to Success Bank only in 2007, at which point it filed a trademark for the term. The trademark was granted in 2008. Success Bank uses the inferior domain SuccessBank.Net. If you ... read more ...
Wed 8th April 2009
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Edible Arrangements Should Stick to Edibles - Would you like a UDRP with that arrangement? Poor Edible Arrangements. All it wanted to do was swipe the domain name EdibleBrands.com. But it didn’t count on the respondent calling John Berryhill to pick apart the case. Now that food-instead-of-flowers company Edible Arrangements, LLC is getting big, it’s apparently creating a new brand or umbrella company called Edible Brands. It filed for a trademark for “Edible Brands” in January 2009 using a “first ... read more ...
Thu 20th November 2008
Written by DomainNameWire in EN and tagged
Frank Schilling Loses His First UDRP - Schilling’s company comes down on wrong end of ChilliBeans.com decision. Frank Schilling’s Name Administration has lost its first UDRP decision, spoiling a perfect record of success (according to searches at National Arbitration Forum and WIPO). Schilling, teamed up with attorney John Berryhill as usual, failed to convince a three person WIPO panel that its use of the domain name ChilliBeans.com was generic. The complainant is a company selling sunglasses under ... read more ...
Fri 10th October 2008
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Schilling and Berryhill Win Another UDRP - Frank Schilling, with help of John Berryhill, successfully defend domain name. Frank Schilling’s Name Administration has won an arbitration case brought by a trampoline company. Domain name attorney John Berryhill represented Schilling. NAOP, LLC, which apparently manufactures trampolines under the JUMPRO brand, filed for arbitration. I can find little information about the company, and jumpro.com is in use by a company unrelated to the trampoline manufacturer. The ... read more ...
Tue 26th August 2008
Written by DomainNameWire in EN and tagged
DNN.com: History Behind Domain Name News’ New Domain - Domain Name News has scored the domain DNN.com. But there’s a story behind the domain. Last week domain news site Domain Name News announced that it had acquired the domain name DNN.com for use with its web site. This is a great domain and the team at DNN deserves a tip of the hat. Earlier today I was reviewing UDRP decisions and came across a three character domain decision found in favor of the respondent. As I read the case, it hit me: this is the domain DNN.com, ... read more ...
Tue 24th June 2008
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BerryHill Gets Reverse Domain Name Hijacking Charge Against Italian Company - Lawyer defends Gregory Ricks on Decal.com, wins RDNH charge. Domain name lawyer John Berryhill has successfully defended famed domainer Gregory Rick’s Decal.com domain name, as well as getting a charge of reverse domain name hijacking against Italian company Decal (Depositi Costieri Calliope). The decision, handed down on June 11 and just posted online, details an egregious attempt by the Italian company to steal a generic domain name that wasn’t used in an infringing ... read more ...
Wed 14th May 2008
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Frank Schilling’s Defensive Patent - Legendary domainer’s patent-pending system could fend off ISP redirects. On April 24, 2006, domain name portfolio owner Frank Schilling filed a patent application for “Generic top-level domain re-routing system” with the help of attorney John Berryhill. This patent, if granted, could end up being very important to the domain name industry. Patent application 20060265516 describes a system for redirecting typos of domain names, such as a typo of the .com portion ... read more ...
Thu 20th March 2008
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Register.com Loses Register.cc Battle - Battle of the registrars goes to “the little guy”. In terms of size, Register.com is Goliath and Domain-It is David. According to RegistrarStats.com, Register.com controls 2,635,000 domains compared to Domain-It’s 25,000. But David prevailed in an arbitration filed under UDRP by Register.com for the domain Register.cc (first covered on Domain Name Wire here.) The three person panel found that, while the domain is identical to Register.com’s trademark, ... read more ...