Tag Archives: legal

Wed 11th November 2015
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Movius.com UDRP denied, though how is it not RDNH? - This is a pretty blatant “Plan B” UDRP filing. Movius Interactive Corporation of Johns Creek, Georgia, represented by Smith Risley Tempel Santos LLC, has failed in its UDRP attempt against the domain name Movius.com. The domain name is owned by branding firm Dynamo.com, which registered the domain name many years before the complainant started using the mark. From the get go, this seemed like a reverse domain name hijacking case. Consider that panelist Robert A. Badgley said the crux of the complainant’s ... read more ...
Tue 10th November 2015
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Owner of Areas.com doesn't respond, loses domain name - Cybersquatting complaint successful in absence of response. The owner of Areas.com has lost the domain name in a UDRP after failing to submit a response. The complaint was brought by AREAS, S.A. of Barcelona, Spain. The company operates over 1,000 food and beverage outlets. The domain name owner, Andres Sanchez Garcia, lives in Sabadell, Spain. AREAS, S.A. showed that the domain name was confusingly similar to a mark in which it has rights. It also made out a prima facie case that the domain name ... read more ...
Thu 5th November 2015
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Trans-Pacific Partnership Treaty addresses cybersquatting, Whois - Countries would need a UDRP-like system for ccTLDs and online access to an accurate Whois. The text of the Trans-Pacific Partnership treaty has been released, and it has a couple requirements related to the countries’ country code domain names. Article 18.28 addresses domain names (pdf). Each country that is a party to the treaty must offer a mechanism for handling cybersquatting claims that is along the lines of the UDRP. They also must offer “online public access to a reliable and accurate ... read more ...
Wed 4th November 2015
Written by The Domains in EN and tagged
.XYZ Did Not Block 12K Domains on Request of China; Liberty.xyz is Owned & We Have His email - Its been an interesting couple of weeks for the .XYZ registry. It all started when Domainincite.com published a post on October 12th, talking about that .XYZ might block almost 40,000 domain names at the registry level on the request of China. That number of 40,000 words and phrases seemed to be reduced down to 12K in a Twitter post that now seems to have been deleted. Since the Domainincite post, several publications and organizations jumped on .XYZ for seemly to agree to ban domain names at the ... read more ...
 
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3 Applicants For New gTLD .Radio File For Independent Review Process - According to a press release out today, BRS Media, has filed, in conjunction with two other applicants, an Independent Review Process in accordance with Article IV, section 3 of the ICANN Bylaws re: The .RADIO gTLD and .RADIO Community Priority Evaluation Results. Although not mentioned in the press release the other two applicants are Afilias and Donuts. “”On Sept. 10, 2014 ICANN announced that the European Broadcasting Union (EBU) Community Priority Evaluation (CPE) Results “Prevailed” ... read more ...
Tue 3rd November 2015
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Here's because a MySchool.com lawsuit was discharged (Transcript) - Transcript reveals Judge’s reasoning for granting summary judgment to MySchool.com owner. Last week, Judge John F. Anderson granted Original Web Ventures’ motion for summary judgment in a fight over the domain name MySchool.com. In doing so, he dismissed claims by Joseph Carpenter, who owns MySchool411.com, that Original was cybersquatting by owning MySchool.com. I’ve just obtained the transcript (pdf) of the hearing on October 26 at which Anderson made his ruling. Anderson is a judge in Verisign’s ... read more ...
Fri 30th October 2015
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Zajo.com: A good 4 minute UDRP decision - Owners of four letter domain names should take note. The owner of Zajo.com, who bought it for its value as a four letter domain name, has successfully defended the domain name in a UDRP. Domain owner Jay Dove of Deep Frontier represented himself. Sporting goods company Juraj Králik-ZAJO of Slovakia threw everything it could at the case, citing the common cases and issues that complainants use when they are trying to bend the purpose of UDRP: Telstra Corporation Limited v. Nuclear Marshmallows, the ... read more ...
Thu 29th October 2015
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IEC.com saved in UDRP - NGO loses attempt to get valuable domain name. International Electrotechnical Commission, a non-governmental organization, has lost a UDRP it filed against the owner of IEC.com. Although the respondent is listed as IEC Communications Ltd., it appears it’s really a domain name investor. The respondent said it acquired the domain name because of the value of rare 2 and 3 letter domain names, not to target International Electrotechnical Commission. This is most likely the case, and the three person ... read more ...
Wed 28th October 2015
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Twitter and opposition Tencent competence have to quarrel over "Moments" - Tencent files trademark applications, presumably in response to Twitter launching new “Moments” feature. On October 6, Twitter launched “Moments” in an effort to attract more users to trending topics. It’s a pretty cool feature, but Twitter might run up against Chinese social networking giant Tencent over the name. Tencent has a number of services including microblogging. On October 16, Tencent filed two trademark applications with the U.S. Patent and Trademark Office for “Moments”. ... read more ...
Tue 27th October 2015
Written by The Domains in EN and tagged
UDRP Filed on Gorgonzola.xyz By Owner of Gorgonzola.com - The “Consorzio per la Tutela del Formaggio Gorgonzola” just filed a UDRP on the domain name Gorgonzola.xyz Gorgonzola of course is a cheese, and Consorzio per la Tutela del Formaggio Gorgonzola translates to “Consortium for the Protection of the Gorgonzola Cheese” yes seriously and they own the domain name Gorgonzola.com. Its pretty amazing how much you learn writing a blog: “Following the Stresa meeting of all major European experts in the dairy sector, an agreement was entered into on ... read more ...
 
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Paessler AG guilty of Reverse Domain Name Hijacking - Company didn’t disclose partnership in cybersquatting complaint. An Australian software company has been found to have engaged in reverse domain name hijacking after withholding key information in a cybersquatting dispute. Paessler AG of Nürnberg, Germany, represented by IP Service International Pty Ltd, filed a case under the .au Dispute Resolution Policy over the domain names paessler.com.au and prtg.com.au. Paessler uses the domain name Paessler.com for its website. The panel found that the ... read more ...
 
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Judge dismisses MySchool.com lawsuit - MySchool411.com owner gets schooled. It turns out .XYZ wasn’t the only company winning on summary judgment yesterday in U.S. District Court in Alexandria, Virginia. Judge John F. Anderson granted (pdf) Original Web Ventures’ Motion for Summary Judgment in a lawsuit brought by Joseph Carpenter over the domain name MySchool.com. Carpenter operates a site at MySchool411.com. He lost two UDRPs against the domain name MySchool.com, but was undeterred. In February he filed an in rem lawsuit against ... read more ...
Mon 26th October 2015
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Breaking: Judge dismisses Verisign's lawsuit opposite .XYZ - 10 month ordeal is over after judge grants summary judgment. That jury trial taking place in Virginia next week…won’t take place after all. Judge Claude M. Hilton has granted XYZ.com’s motion for summary judgement (pdf). The judge will issue a memorandum opinion shortly. Verisign had filed a false advertising suit against .XYZ and its founder Daniel Negari in December. Verisign was upset that Negari was disparaging .com and claiming that .XYZ was the next .com. At the center of Verisign’s ... read more ...
Fri 23rd October 2015
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Domain Holder Loses UDRP On RentMyPartyBus.com Files Federal Lawsuit - The domain holder who lost a UDRP on the domain name RentMyPartyBus.com has filed a lawsuit in federal court in Arizona. Plaintiff Aleksey Silenko is the Director of Business for Safeway Transit LLC, a Minnesota company who is the named registrant for the domain name rentmypartybus.com. It’s a pretty interesting case, since the “trademark holder” was first incorporated on May 1, 2014 but in its trademark application to the USPTO it alleged first use in 2002. Although the domain holder first ... read more ...
 
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California Car Dealers Head to Court over Domain Names - Ford dealer claims rival is stealing its web traffic. Two neighboring car dealers in California are heading to court over cybersquatting claims. El Centro, California Ford dealer El Centro Motors alleges (pdf) that Rogers Rogers, a Chrysler/Jeep/Dodge dealer on the same road less than a half mile away, is cybersquatting its brands and diverting web traffic. El Centro Motors registered ElCentroMotors.com in 2001. Rogers Rogers registered ElCentroMotor.com (singular) and ElCentroFord.com last year. ... read more ...
Thu 22nd October 2015
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Media Options' WI.com domain name save in UDRP - Complainant offered to buy the domain name for $400.00. Media Options has successfully defended a UDRP against its domain name WI.com, but the panel declined to find complainant Brian Fera of Germany guilty of reverse domain name hijacking. Domain name brokerage Media Options originally brokered the domain name on behalf of Masterlock. The company found a buyer toward the end of 2014 for $375,000. Media Options financed the deal, holding the domain name until the buyer made all payments. The buyer ... read more ...
Wed 21st October 2015
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After Offering $400, Brian Fera Loses UDRP To Grab Two Letter Domain Wi.com - Brian Fera of Heppenheim, Germany, just lost its attempt to grab the two letter .com domain name of Wi.com in a UDRP The domain is owned by Media Options S.A.who was represented by Greenberg Lieberman, LLC, The three member panel of Tony Willoughby, The Hon Neil Brown Q.C. and Thomas Hoeren rejected the Complainant argument that its trademark in the term WICOM entitled it to Wi.com but not because it failed the Identical or Confusingly Similar requirement of a UDRP. Actually this panel, and maybe ... read more ...
Tue 20th October 2015
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Verizon wins initial .Porn domain name dispute - Verizon.porn, for all of your telecom porn needs. Verizon has won a cybersquatting dispute with the registrant of Verizon.porn, the first such dispute to be resolved since the .Porn domain name became available in June. A New York real estate agent registered the domain name on June 4, the day both .Porn and .Adult were offered for sale by registrars. Verizon apparently did not take advantage of being able to register domain names matching its trademark before the domains became available to the ... read more ...
Sat 17th October 2015
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HopScotch.com Hit With UDRP By Owner of HopScotch.fr - This is a weird one for sure. A UDRP has been filed against the domain name Hopscotch.com The Complainant is listed as the Hopscotch Group, which is a french PR company whose website is on the domain name hopscotchgroupe.com The company also owns the domain Hopscotch.fr, but that domain isn’t even being forwarded to the company main website at hopscotchgroupe.com As you can see the word “groupe” in the company’s URL is spelled the “french way” with an “e” at the end. However according ... read more ...
Fri 16th October 2015
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Unblock.com Saved In UDRP But Panelist Should Have Found Reverse Domain Hijacking - NetProtect, Inc. just lost its attempt to grab the domain name unblock.com in a UDRP in a silly case that should have resulted in a finding of Reverse Domain Name Hijacking (RDNH) but the panelist was IMHO lazy and decided just to throw out the case. Calvin A. Hamilton was the sole Panelist for the National Arbitration Forum (NAF) who rejected Complainant argument that it had acquired unregistered common law trademark rights. “In order to acquire rights in an unregistered trademark, Complainant ... read more ...
Thu 15th October 2015
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ICANN Board to rethink .Hospital preference subsequent week - .Hospital has been on life support since bad objection decision. .Hospital is on life support.ICANN’s Board of Directors will consider the fate of a .Hospital top level domain name when it meets on Sunday. It’s a chance for the board to right a wrong. .Hospital was killed off after two of three panelists agreed with a Limited Public Interest Objection filed by the Independent Objector. The panelists disregarded the guidelines and essentially created their own standard for if .hospital should ... read more ...
 
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University of Cambridge withdraws heading plea after UDRP loss - Tail between the legs. University of Cambridge has withdrawn a challenge to a trademark application for a Cambridge.com logo after losing a UDRP for the same domain name. As I reported earlier this week, a UDRP panel admonished the 800-year-old university for making some incorrect statements in a UDRP for Cambridge.com. It seems the UDRP and trademark opposition were filed as a way to get the domain name. Once the UDRP failed so miserably, the university backtracked. John Berryhill represented domain ... read more ...
Wed 14th October 2015
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Calvin Harris wins cybersquatting explain for CalvinHarris.com - Famous musician gets .com domain name. DJ and Taylor Swift boyfriend Calvin Harris has won rights to the domain name CalvinHarris.com through a World Intellectual Property Organization proceeding. Harris, whose real name is Adam R. Wiles, successfully argued that the owner of the domain name was cybersquatting. His attorneys sent a demand letter to the domain name owner and didn’t hear back. The domain name led to a parking page, which apparently also offered the domain name for sale for $49,999. Harris’ ... read more ...
 
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Netflix Finally Wins A URS on Netflix.pics; The Difference?; The Domain Was Parked - Netflix finally won a Uniform Rapid Suspension (URS) case on the domain name Netflix.pics Netflix recently lost two URS cases on the domain names Netflix.news and Netflix.website. There were two difference between this case of Netflix.pics and the other two URS they lose One was the Examiner which in this case was Debrett Gordon Lyons. Unlike the other two cases where the domain names did not resolve with the domain holder claiming they were intending to launch sites on Netflix.news and Netflix.website, ... read more ...
Tue 13th October 2015
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.Radio field plead Independent Review Process - Companies ask for independent review in .radio decision. Three applicants for the .radio top level domain name have filed for the Independent Review Process (IRP) after losing out to a community applicant. Donuts, Afilias and BRS Media all lost their bids for the .radio domain name after European Broadcasting Union (EBU) prevailed in the Community Priority Evaluation. EBU scored 14 of 16 points, the minimum required to gain community status. The three losing applicants subsequently filed a Request ... read more ...