Tag Archives: legal

Mon 9th July 2012
Written by DomainNameWire in EN and tagged
Lance Armstrong’s quarrel opposite USADA reminds me a lot of a arguments opposite UDRP - Not enough time to respond to “kangaroo court”. Lance Armstrong is fighting hard to not have to defend himself against the U.S. Anti-Doping Agency (USADA), which he calls a “Kangaroo court”. Armstrong wants nothing to do with the USADA process, so he’s trying to short circuit it by going to the courts. A lot of domain name owners have had it with UDRP, so they do the same thing. His arguments sound a lot like the arguments made against the uniform domain ... read more ...
Fri 6th July 2012
Written by DomainNameWire in EN and tagged
Rawlings sues Wilson over Brandon Phillips Gold Glove - There’s gold in them there gloves. Just in time for the Major League Baseball All Start Game comes this lawsuit between two baseball equipment manufacturers. Rawlings Sporting Goods, which has given the “Gold Glove” award since 1957, is a bit peeved that one of its rivals has produced a glove with gold on it. The lawsuit (pdf) claims that Wilson Sporting Goods has produced an infringing baseball glove that is being used by Cincinnati Reds second baseman Brandon ... read more ...
 
Written by DomainNameWire in EN and tagged
SMA.com spared in UDRP case - Panel rules domain not registered in bad faith. In May I wrote about how the owner of SMA.de — SMA Solar Technology AG — had filed a UDRP to get the domain name SMA.com. A three person World Intellectual Property Organization panel just handed down the verdict: the owner of SMA.com can keep the domain name. The current owner registered the domain name in 1995. SMA Solar Technology became interested in the domain and tried contacting the owner in 2005. It was rebuffed. ... read more ...
Thu 5th July 2012
Written by The Domains in EN and tagged
The UDRP Should, Or Should Not Be The Forum To Recover Stolen Domains, How About Some Consistency Boys - As DomainNameWire.com just reminded me I have noted in past UDRP decisions that panels have been reluctant to allow domain holders to recoup ownership of their domain name through the UDRP process. But in the case Andrew wrote about today, as he pointed out a UDRP panel did just that allow a allegedly stolen domain to be returned to the former owner via the UDRP process. I have stated that there should be some process by which the victim of a stolen domain should be able to recover it as cheaply ... read more ...
 
Written by DomainNameWire in EN and tagged
Wow: check out this panelist’s sardonic anticipating of Reverse Domain Name Hijacking - Panelist goes the extra mile in explanation of reverse domain name hijacking. UDRP panelists are usually reluctant to affirm that a complainant attempted reverse domain name hijacking. But in some cases the facts are so damning that the panelist goes the extra mile to explain why the case is so egregious. This usually happens when the panelist believes he or she was lied to. That’s the case with Houston Putnam Lowry’s decision for MamaMayI.com. The case was brought ... read more ...
 
Written by DomainNameWire in EN and tagged
Vanity.com files lawsuit to retard send of domain name - Lawsuit filed in Arizona to stop transfer of domain name after adverse UDRP determination. Last month a National Arbitration Forum panel handed down a shockingly bad decision over the domain name Vanity.com, ordering the domain transferred to Vanity Shop of Grand Forks, Inc. Now Vanity.com, Inc. has filed a federal lawsuit (pdf) to halt the transfer. Vanity.com had already filed suit in the Northern District of California prior to the UDRP decision. But in order to ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP row orders stolen 3 minute domain name returned to owner - EZQ.com should belong to EZQuest, rules panel. Last month Michael Berkens wrote about how a UDRP panel affirmed that UDRP is not a forum for recovery stolen domain names. I agree that’s the case — most of the time. Yet over history some complainants have successfully used UDRP to recover stolen three letter domain names. That’s the case with EZQ.com, which was just awarded to EZQUEST, INC. EZQuest says the domain name was stolen earlier this year when the thief ... read more ...
Wed 4th July 2012
Written by The Domains in EN and tagged
Meatloaf Files Suit Over Meatloaf.org Under ACPA & Asks For Domain + $100K - According to TMZ, the pop singer Meatloaf, whose real name is Michael Aday, filed suit against a “Dean Torkington in L.A. County Superior Court, claiming Torkington registered MeatLoaf.org in “bad faith,” and has since exploited the domain name to mislead and confuse Meat Loaf fans into thinking he’s the real singer.” “Torkington uses the website to promote his act — called “To Hell and Back: A Tribute to Meat Loaf.” “Meat Loaf claims Torkington — who’s based in the UK — ... read more ...
 
Written by The Domains in EN and tagged
ICM Registry Operator of .XXX, Ask Court To Dismiss Manwin, Operator of YouPorn.com 2nd Amended Complaint - ICM Registry (ICM) , operator of the .XXX extension asked the court to dismiss the suit (pdf) brought by Manwin LICENSING, INTERNATIONAL, Operator of YouPorn.com against ICM and ICANN on antitrust grounds. In a “response memorandum in support of its motion to dismiss the case” filed last Friday, ICM  asked the court to dismiss the case against Mainwin based on “glaring factual differences” between this case and an appellate court ruling involving VeriSign. In its 2nd amended complaint Manwin’s ... read more ...
Tue 3rd July 2012
Written by DomainNameWire in EN and tagged
Entrepreneur Media continues to sue entrepreneurs who use a word entrepreneur - Got ‘entrepreneur’ in your name? If you publish information to help entrepreneurs, you might be sued. Entrepreneur Media (EMI), the company that publishes Entrepreneur magazine, continues to file lawsuits against people that use the term entrepreneur in their name or domain name. The latest lawsuit was filed July 2 against JMD Entertainment Group, a Maryland company that owns the domain name entrepreneursedge.tv. You’re not alone if you find the company’s ... read more ...
 
Written by DomainNameWire in EN and tagged
Waiter.com sues GoWaiter.com for heading infringement - Does GoWaiter.com infringe Waiter.com’s mark? Here’s an interesting lawsuit that shows the challenges of building a business on a descriptive (aka ‘generic’) domain name. Waiter.com, a food delivery web site started in 1995, has sued GoWaiter.com, a similar service apparently started in 2010. Waiter.com has a trademark for “Waiter.com”, which it bases its complaint on. The plaintiff might have a case here (pdf). If the plaintiff’s name was FoodDelivery.com, ... read more ...
Mon 2nd July 2012
Written by The Domains in EN and tagged
So Now That Apple Paid $60 Million To Settle The TM Dispute Over iPad In China, Tell Me Domains Are Expensive - News out this morning here in Europe is that Apple just paid $60 Million dollars to settle the claim of a Chinese company over a trademark for the term iPad. Yes Apple bought the Trademark rights from a Taiwanese company, but a Chinese company claimed the rights purchased did not include mainland China. So Apple just paid  $60 Million to settle a trademark dispute really for only mainland China. Now tell me how expensive domain names are. Go ahead. Tell me how crazy it was for Facebook to shell ... read more ...
 
Written by DomainNameWire in EN and tagged
Academy Sports sues Blackwater over the new name Academi - Sports store not happy about private military company’s new name. Academy Ltd., which operates the Academy Sports + Outdoors retail chain, has sued Academi, formally known as Blackwater, for trademark infringement. Yes, that Blackwater. Academy is concerned that Academi’s negative image could tarnish its brand and that there could be consumer confusion. According to the suit (pdf), Given the corporate history of Defendant and the negative media coverage stemming ... read more ...
 
Written by DomainNameWire in EN and tagged
Facebook says genuine estate organisation is cybersquatting on 30 domain names - 30 domains include “facebook” in them. Facebook has filed a cybersquatting complaint against a San Diego area realty company, claiming that the company is cybersquatting on its famous mark. The complaint with National Arbitration Forum lists thirty total domain names that include the Facebook name andrew are registered to Pellegrino Realty in La Mesa, California: facebookbroker.com facebookclothes.com facebookcupid.com facebookdating.net facebookdirectbuy.com facebookevites.com facebookexchange.com facebookexchange.net facebookgreeting.com facebookgreetings.com facebookhub.com facebookjukebox.com facebooklayoutpimp.com facebooklayoutpro.com facebookmusicstore.com facebookperfectmatch.com facebookpoked.com facebookpokers.com facebookpoking.com facebookpress.com facebookringtones.net facebookshop.net facebooksingles.net facebooksticker.com facebookstickers.net facebookstuff.net facebookthreads.net facebooktones.com pimpmyfacebook.net shopfacebook.net I ... read more ...
Fri 29th June 2012
Written by DomainNameWire in EN and tagged
Apple final iPad3.com domain name - Apple files complaint over iPad3.com domain name. [Update: the registrant of iPad3.com has turned the domain over to Apple.] Apple didn’t name its third generation iPad the “iPad 3″, but that hasn’t stopped most people from calling it that anyway. The company doesn’t own the domain name iPad3.com, but that might change soon. The company has asked an arbitration panel to transfer the domain name to it. Apple filed a case with World Intellectual Property Organization ... read more ...
Thu 28th June 2012
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Sayonara, Digital Archery - We hardly knew ye. Resolved (2012.06.27.NG06), the New gTLD Program Committee directs the President and CEO to terminate the Digital Archery process as approved in Resolutions 2011.12.08.04-2011.12.08.07. Rationale for Resolution 2012.06.27.NG06 To remain accountable to the ICANN community, after careful consideration of the objections raised to the digital archery process, and following the suspension of the process after identification of a technical issue, the ... read more ...
 
Written by DomainNameWire in EN and tagged
Twitter finally gets Twiter.com domain it won in dispute - Over a half year later, Twitter finally gets high traffic typo. Last year Twitter filed a cybersquatting complaint against the owner of the Twiter.com domain name. Twitter was rightfully upset about the high traffic typo domain as it forward to a “survey” that mimicked the look and feel of Twitter’s own web site. Twitter dropped the case only to refile it shortly thereafter. A UDRP arbitration panel finally ruled in Twitter’s favor in November 2011. But that’s ... read more ...
Wed 27th June 2012
Written by DomainNameWire in EN and tagged
Lawyers fire customer in feet in dothekindthing.com UDRP - Not so kind. A World Intellectual Property Organization panelist has ruled that the registrant of DoTheKindThing.com can keep her domain name. The case was brought by Kind, LLC f/k/a Peaceworks Holding LLC, which sells Kind snacks. The case is notable for two reasons: 1. Kind’s lawyers, McCarter English, LLP, made some poor decisions in advancing its case. 2. The UDRP panelist recognized the limits of domain arbitration as opposed to courts. First, for the legal ... read more ...
Tue 26th June 2012
Written by DomainNameWire in EN and tagged
If we play a ICANN game, design to get burned - More wasted money and resources. Get used to it. It’s never pretty seeing the sausage get made. It hasn’t been pretty seeing the new TLD program launch. A handful of companies invested a lot of money early on as they worked to help form ICANN’s new top level domain program. As the program creation process dragged on they spent money on salaries, office space, etc. As it became clear that the process was going to take longer than expected they ended up laying ... read more ...
 
Written by DomainNameWire in EN and tagged
Intriguing domain name associated heading filings - From “Domain Sales” to .YT, some interesting filings. I checked in to the U.S. Patent and Trademark Office site this morning to see if there were any interesting domain name related trademark applications. Indeed, I’d say so. First off is an application from Kikabink Pty Ltd in Australia for the mark “Domain Sales”. The applicant is the creator of this iPhone app. I’ve got to think it would be difficult to trademark such a generic and descriptive term. Next ... read more ...
Mon 25th June 2012
Written by DomainNameWire in EN and tagged
.Art and .Church heading a competition for open comments on tip turn domain applications - Public comments on new TLD applications range from boring to misinformed. Anyone with an email address (and I do mean anyone) can comment on any one of the nearly 2,000 top level domain applications. As of right now there are 161 submitted comments, mostly covering just a handful of proposed top level domains. Many of the comments are predictable. As we saw with .xxx, religious folk do a good job with email blast campaigns. So there’s plenty of “support” for ... read more ...
Sun 24th June 2012
Written by The Domains in EN and tagged
Another Lawsuit Against Google Over Selling Trademark Adwords Filed By Cybersitter - According to MediaPost.com, another company has filed suit against Google for alleged trademark infringement on AdWords by allowing a competitor Net Nanny to by ads for show users who search for “Cybersitter” on Google. Cybersitter, a company that sells software to block adult content “Cybersitter argues that Google’s decision to allow the company’s name to trigger search ads infringes trademark. Cybersitter also says its trademark was infringed by the ad copy for Net Nanny, which sometimes ... read more ...
 
Written by DomainNameWire in EN and tagged
Company sues over stolen domains after losing UDRP - Austin Rare Coins asks court to hand over allegedly stolen domain names. An Austin company has filed an in rem cybersquatting lawsuit in an effort to get control over eight domain names it says were stolen from its possession. Austin Rare Coins, Inc. first turned to National Arbitration Forum with a UDRP filing to try to get the domain names back. The panel awarded it one domain but not the others, saying it didn’t prove any trademark rights to most of the domain ... read more ...
Sat 23rd June 2012
Written by DomainNameWire in EN and tagged
Did a digital archery association put a final spike in a coffin of cursed scheme? - Company claims it reported issue to ICANN earlier this week. So ICANN has “suspended” digital archery, a way to divide up new top level domain applicants into batches. This was the right move, albeit a couple weeks late. Now 20% of applications have shot an arrow, and many more applicants have invested significant resources into the process. True to form, ICANN pushed forward with its plan despite multiple warning signs that it should take another look at it. Now, ... read more ...
Fri 22nd June 2012
Written by The Domains in EN and tagged
Marchex Gets Sued By The Stratosphere Hotel-Casino in Las Vegas Over a Domain AcePlay.com - According to the LasvVegasSun.com, the owner of the Stratosphere hotel-casino in Las Vegas has filed  suit against Marchex (MCHX) for alleged trademark infringement over the domain name AcePlay.com The suit says Marchex has been using a domain name called Aceplay.com, purporting to offer information about the Stratosphere and three other American Casino properties; the two Arizona Charlie’s in Las Vegas and the Aquarius in Laughlin. According to the article, links on the site produce additional ... read more ...