Sorry ThePrive.com, we can’t only take Prive.com -
Company fails to grab domain name through UDRP.
The operators of the sample sale website Privé, online at ThePrive.com, have lost a UDRP against the domain name Prive.com. This is despite the respondent not filing a formal response.
There are a number of reasons the complaint failed, including that Privé is a generic term. But the panelist explained in great detail how badly the complainant’s lawyers screwed up, too.
Prive.com was registered back in 1996, well ... read more ...
Tag Archives: legal
Mon 7th October 2013
Wed 2nd October 2013
The Health Insurance Marketplaces are here, and so are a Cybersquatters -
Typosquatters were quick to register domain names similar to new health exchanges.
Yesterday marked the official start of the health insurance marketplaces under Obamacare. Residents of most states can shop for plans at HealthCare.gov, but 17 states and Washington D.C. have their own websites for their health exchanges.
The domain names selected by each state have no similarities. Some use .com, others .org, and still others .gov. Some use state abbreviations, others ... read more ...
Tue 1st October 2013
Bang With Friends Settles Suit With Zynga & Rebrands As TheNextBang.com - According to several sources, Bang With Friends, Inc., will Re-brand the company name its website and the name of its app, to settle its trademark suit brought by Zynga.
In July Zynga sued Bang With Friends, Inc. for infringing upon its trademark of “With Friends” brand.
In a statement issued by the companies, “Zynga Inc. and Bang With Friends, Inc. are pleased that they have reached an amicable resolution of their dispute. Although the terms of the settlement are confidential, Bang With Friends, ... read more ...
ICANN publishes final Rights Protection Mechanisms for new TLDs -
Final RPMs create two types of sunrise periods and leave room open for special treatment of geo domain names.
ICANN has published the final Rights Protection Mechanisms (RPMs) added to the new top level domain name program.
There are a few notable changes from the draft version of the RPMs.
One key difference is that registries will be able to choose either a “start-date sunrise” or “end-date sunrise”. A start-date sunrise allows the registry to allocate domain ... read more ...
Vanity.com settles with Vanity Shop, transfers domain name -
Valuable Vanity.com domain name changes hands as a result of lawsuit.
The owners of Vanity.com have settled a legal dispute with Vanity Shop of Grand Forks, resulting in a transfer of the domain name to the clothing company.
In June 2012, National Arbitration Forum panelist Nelson A. Diaz made a shocking decision in favor of complainant Vanity Shop in a UDRP for the domain name. After the decision was handed down, Vanity.com, Inc. filed a lawsuit to halt the transfer.
That ... read more ...
Mon 30th September 2013
Pinterest Gets $7.2 Million Dollar Judgement Against Cybersquatter Over 100 Domain Names - According to Allthingsd.com, A San Francisco judge awarded Pinterest $7.2 million in damages and legal fees against a Chinese cybersquatter Qian Jin, over 100 domain names including pinterests.com, pimterest.com and pinterost.com.
The judge found the infringement to be “willful and serial,” noting, “There is no indication of good faith mistake or excusable neglect justifying defendant’s failure to respond or otherwise defend against plaintiff’s allegations.”
Pinterest.com also was awarded ... read more ...
Fri 27th September 2013
Claiming heading to a tenure “women”, association files UDRP opposite women-asia.com -
Sorry guys, you don’t own “women”.
An international modeling agency claiming to have trademarks for the term “women” used them to try to wrestle away the domain name women-asia.com in a UDRP.
It lost.
PEC Intellectual Property Management B.V. of Amsterdam, which is affiliated with modeling agency Women Management, filed the complaint against a domain owner from Thailand. The complainant actually has some stylized trademarks for the term “women” in various ... read more ...
Wed 25th September 2013
Block your heading on 200+ tip turn domains for $600 a year -
Donuts’ service is not cheap, but it’s much easier and cheaper than the alternative.
Donuts, applicant for over 300 top level domain names, has launched its “Domains Protected Marks List” offering to trademark holders.
The service allows trademark holders to block the registration of second level domains that contain their mark across all of Donuts’ domains. In order to qualify, the trademark must be registered with the Trademark Clearinghouse. Companies ... read more ...
Walmart goes after dispute website and man responds with indignant rant -
Gripe site creator demands Walmart pay him before he hands over domain name.
Walmart has filed a dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP) to take control of the domain name WalmartDoorGreeter.com. [Update: the domain owner has transferred the domain to WalMart.]
The domain name was registered by a Missouri man who set up a gripe site about how much Walmart pays its employees.
Gripe sites are OK in certain circumstances. But after receiving ... read more ...
JetGo guilty of RDNH after filing “seriously misleading” box opposite Frank Schilling -
Australian charter jet company didn’t give the full story to WIPO panel.
Frank Schilling’s Name Administration has successfully defended another UDRP filed against one of its domain names. The three person UDRP panel also found the complainant guilty of reverse domain name hijacking.
JetGo Australia, an airplane charter company, filed the complaint over the domain name JetGo.com.
This is a classic case of a company adopting a company name in which the .com was ... read more ...
Tue 24th September 2013
With .Sex, some-more explanation a ICDR doesn’t have the act together -
Despite what the official list says, SX Registry lost its objection against .sex.
So I’m going through the updated list of string confusion objection decisions when I think I’ve hit a great story: SX Registry SA has prevailed in its string confusion objection against the .sex domain name!
This is a goldmine story for me. There are so many great headlines I could write about this one.
So I start to write my story and do some research on the .sx country code as ... read more ...
Google beats Donuts in .Games tip turn domain name dispute -
.Games domain names will likely be confused with .game domains, panelist rules.
Donuts has lost another string confusion objection for a plural domain name, this time .games.
Google, one of five applicants for the .game top level domain, argued that having both .games and .game as top level domain names would confuse internet users. It convinced the panelist of this, which means that Donuts’ uncontested application for .games is now contested. It will have to beat ... read more ...
.Axis TLD appears passed after WIPO decision -
WIPO decides not to accept late response to objection.
World Intellectual Property Organization has made a determination that it will not accept a late response to a Legal Rights Objection against .axis, thereby effectively killing off Saudi Telecom Company’s bid for the top level domain.
Axis Communications AB filed the objection against the .axis application. Saudi Telecom then submitted its response to the objection too late.
This resulted in ICANN Ombudsman ... read more ...
Mon 23rd September 2013
Comparing private vs. final review new TLD auctions -
In private auctions, applicants bid less than the valuation they place on the string.
There have been two rounds of private auctions (that we know about) to settle top level domain contention sets.
The first one included six TLDs and totaled $9.01 million. The second included 8 strings and totaled $9.65 million.
That’s an average of $1.5 million per string in the first auction and $1.2 million in the second. So are the applicants in these auctions valuing the typical ... read more ...
Viacom CEO loses domain brawl opposite cybersquatter -
Philippe Dauman loses UDRP, but that may not be the last of it.
Viacom CEO Philippe Dauman has lost a UDRP for the domain name philippepierredauman.com
He lost the UDRP because he didn’t convince the panel that he had trademark rights in his own name. Panelist Richard G. Lyon followed the letter of the UDRP as well as precedent in coming to his decision. That was the right thing to do.
But I also don’t hesitate to render my own opinion that the person who registered ... read more ...
Fri 20th September 2013
ICANN admits new TLD auctions are delayed -
The first ICANN auctions to settle new top level domain contention sets could take place in the middle of November.
In a new top level domain applicant update webinar yesterday, ICANN VP of gTLD Operations Christine Willett admitted that new TLD auctions won’t start in October as previously planned. The start date has been pushed to the middle of November.
This shouldn’t come as any surprise to applicants, especially given the number of outstanding issues that ... read more ...
Over 10,000 annals now in Trademark Clearinghouse -
Number of records in Trademark Clearinghouse doubles since the middle of July.
As of the end of August, the Trademark Clearinghouse for new top level domain names has 10,398 trademark records. That’s double the amount as of the middle of July.
Over 97% are for ASCII characters (e.g. the type of characters you’re reading on your screen right now). Only 270 records are for internationalized domain names.
The top non-ASCII script so far is Han with 162 records. Cyrillic, ... read more ...
Thu 19th September 2013
Hitting Like Button Is Protected Free Speech Says The US Court Of Appeals - Hitting the “Like” button on Facebook is an element of free speech protected by the US constitution, The US Court of Appeals in Richmond, Virginia, ruled yesterday
Virginia case involving six people who say Hampton Sheriff B.J. Roberts fired them for supporting an opponent in his 2009 re-election bid, which he won.
The workers sued, saying their First Amendment rights were violated.
The court ruled that hitting the like button qualifies as speech and can be considered the 21st century-equivalent ... read more ...
Donuts loses another conflict to .Pets domain name -
Another panelist finds that .pet and .pets are too similar to both be delegated as top level domain names
How many pets are there?Apparently two panelists agree: .Pets and .Pet should be in a contention set because they’ll cause confusion amongst internet users.
International Centre for Dispute Resolution just posted a decision (pdf) by panelist Richard Page for Google’s objection to Donuts’ application for .pets.
Google argued that having both .pet and .pets ... read more ...
Wed 18th September 2013
Verisign loses conflict opposite Dish’s .DTV tip turn domain name -
Panelist says .DTV can coexist with .TV.
Verisign has lost a String Confusion Objection against Dish DBS over the string .DTV.
Verisign runs the registry for .TV, and argued that having .TV and .DTV as top level domain names would confuse the average internet user.
Panelist Archibald Findlay turned in a rather lengthy (pdf) 23 page decision detailing both parties’ arguments, ultimately siding with Dish.
Findlay has decided one other string confusion case, which ... read more ...
Tue 17th September 2013
Tencent is latest to plea ICANN on new TLD objections -
Company lost legal rights objections for weibo domain names.
Chinese internet giant Tencent is the latest company to ask ICANN to reconsider a new top level domain objection decision.
The company is challenging the legal rights objections brought by rival Sina against its applications for .微博 and .weibo.
Sina was the only other applicant for these domain names. By winning the objections, it no longer faces other applicants and will likely obtain the top level ... read more ...
Mon 16th September 2013
Paramount Pictures Gets Paramount.co.uk In Nominet Ruling After Owner Asks For £120,000 - Paramount Pictures Corporation was awarded the domain name the domain name Paramount.co.uk in an arbitration decision by Nominet when operates the .Uk ccTLD.
Its a pretty interesting decision since the domain Paramount.co.uk, was first registered as on June, 25th 2005 with the then Registrant identified as TagNames Limited (UK Co. No. 4534942), and with the Administrative Contact listed as “Andy Hugh”.
The registration remained this way until a transfer was recorded on 29 December, 2012 from ... read more ...
Stolen domain name recovered by UDRP -
Education group that manages Thompson Island gets its domain name back.
Thompson Island Outward Bound Education Center has recovered the domain name ThompsonIsland.org through a UDRP case.
The group alleges that the domain name was stolen from its Network Solutions account.
According to documents provided to the UDRP panel, it appears that an unauthorized person changed the password on the complainant’s registrar account as well as the challenge questions used ... read more ...
Interisle cashes in as new TLD hopefuls compensate for some-more data -
New TLD applicants turn to Interisle for more data in effort to avoid more delays.
Interisle Consulting Group dropped a bombshell on new top level domain name applicants when it submitted its 197 page report to ICANN about name collisions and new top level domain names.
As a result of the report, about 20% of applied-for strings were grouped into an “uncalculated risk” pool, which means that they could face three to six months of delays as ICANN further studies ... read more ...
Fri 13th September 2013
Montblanc Files Federal CyberSquatting Lawsuit Over 126 Domain Names - Montblanc the luxury pen maker filed a federal lawsuit today in the Virginia Eastern District Court against a bunch of domain holders for CyberSquatting under the Anticybersquatting Consumer Protection Act (ACPA) seeking control of the domain names, $100,000 statutory damages for each domain name and attorney fees
Here are the domain names subject to the lawsuit:
bestmontblancpen.com
boligrafomontblancespana.com
boligrafomontblancespana.org
boligrafosmontblanc.biz
boligrafosmontblanc.org
boligrafosmontblancespana.com
boligrafosmontblancespana.net
buymontblancpenau.com
buymontblancpenonline.com
buymontblancpensau.com
buymontblancpensca.com
buymontblancpensca.net
buymontblancpensonline.com
buymontblancpensonlineuk.com
cheapmontblancpensaleuk.com
cheapmontblancpensca.com
cheapmontblancpenseau.biz
cheapmontblancpenseau.com
cheapmontblancpenseau.net
cheapmontblancpenseau.org
cheapmontblancpensshop.com
cheapmontblancs.net
cheappensmontblancsale.com
cheappensmontblancsale.net
discountmontblancpensuk.biz
discountmontblancpensuk.com
discountmontblancpensuk.net
discountmontblancpensuk.org
fullermontblanc.com
fullermontblanconline.com
fullfederahaltermontblanc.com
kugelschreibermontblancsale.com
montblancboligrafos.org
montblancboligrafosespana.biz
montblancboligrafosespana.net
montblancboligrafosespana.org
montblancfullergunstig.com
montblancfullergunstig.net
montblancfullerkaufen.com
montblancfullfederkaufen.com
montblanckugelschreibergunstig.biz
montblanckugelschreibergunstig.com
montblanckugelschreibergunstig.org
montblanckugelschreiberkaufen.biz
montblanckugelschreiberkaufen.net
montblanckugelschreiberkaufen.org
montblanckugelschreiberschweiz.com
montblanckugelschreiberschweiz.net
montblanckugelschreiberschweiz.org
montblanckuglependk.com
montblanckuglependk.net
montblanckuglepenkob.com
montblancloja.net
montblancmeisterstuckpen.biz
montblancmeisterstuckpen.net
montblanconlinesale.net
montblancoutletaustralia.com
montblancpenau.net
montblancpenau.org
montblancpenaustralia.net
montblancpenireland.com
montblancpenireland.net
montblancpenireland.org
montblancpennen.net
montblancpennenegozi.com
montblancpennenoutlet.biz
montblancpennenoutlet.com
montblancpennenoutlet.net
montblancpennenoutlet.org
montblancpenneonline.com
montblancpenonline.biz
montblancpenonline.net
montblancpenonline.org
montblancpenonlinesale.com
montblancpenonlineuk.com
montblancpenonlineuk.net
montblancpenonlineuk.org
montblancpens-uk.net
montblancpensaleau.com
montblancpensaleca.com
montblancpensaleca.net
montblancpensau.biz
montblancpensau.org
montblancpensbuyonline.com
montblancpenshopau.net
montblancpensireland.biz
montblancpensireland.net
montblancpensireland.org
montblancpensonlineau.com
montblancpensonlineca.com
montblancpensonlineie.com
montblancpensonlineshop.com
montblancpensoutletuk.com
montblancpenssaleuk.net
montblancpenssaleuk.org
montblancpensstores.com
montblancpensstores.net
montblancpensukonline.biz
montblancpensukonline.org
montblancstarwalkerpen.com
montblancstarwalkerpen.net
montblancstylosfrance.net
pascherstylomontblanc.com
pascherstylomontblanc.net
pascherstylomontblanc.org
penmontblanc.net
penmontblancaustralia.com
penmontblancaustralia.net
penmontblanccanada.com
pennemontblancitalia.biz
pennemontblancitalia.org
pennormontblanc.biz
pennormontblanc.net
pennormontblanc.org
pensmontblancca.com
pensmontblancca.net
pensmontblanccanada.com
pensmontblancforsale.com
salemontblanc.net
shopmontblancpensuk.com
stylobillemontblanc.com
stylomontblancboutique.com
stylomontblancpascher.biz
stylomontblancpascher.net
stylomontblancpascher.org
utsoktmontblanc.net
Google+Michael ... read more ...