Tag Archives: UDRP

Mon 26th January 2015
Written by The Domains in EN and tagged
Poster Boy For Frivolous UDRP Cases: Booked.xyz Guilty Of RDNH: TM Filed 16 Yrs After Domain Was Registered - Booked Ltd of London which owns the domain Booked.xyz and Bookedxyz.com was just found guilty of Reverse Domain Name Hijacking on the domain name Booked.com in one of the most baseless UDRP cases we have ever read. Its too bad there is not any penalties for those who bring frivolous UDRP cases other than a finding of Reverse Domain Name hijacking which the three member panel rightfully found. The domain owner represented himself in the UDRP which is just silly on its face. The domain Booked.com was ... read more ...
 
Written by DomainNameWire in EN and tagged
Photo.com – sole for over $1 million twice – saved in UDRP - Complainant makes interesting allegations in UDRP. A three person WIPO panel has handed down a decision in a UDRP for Photo.com in a case I wrote about in October. The complainant owns Foto.com, but there’s a lot more to the story than just a company using UDRP to go after a great domain name. According to complainant Fotocom Société Anonyme: Complainant contends that Respondent is actually controlled or influenced by its former Chief Executive Officer (hereinafter “Panos”). According to ... read more ...
 
Written by The Domains in EN and tagged
Photo.com Saved In UDRP But No Reverse Domain Name Hijacking - Fotocom Société Anonyme of Ottignies-Louvain-la-Neuve, Belgium, just lost its bid to grab the generic domain Photo.com. Although the three member panel threw out the case out finding the Complainant failed on the first element of not proving trademark rights the panel refused to find Reverse Domain Name Hijacking (RDNH). Here are the highlights: Based in Belgium, Complainant describes itself as “a market leader in the online digital photo industry,” serving 186 countries. Complainant holds ... read more ...
 
Written by The Domains in EN and tagged
Vertical Axis Loses UDRP On ElectricFootball.com; Acquired When Complainant Let it Drop - A three member UDRP panel has awarded the domain name ElectricFootball.com to Tudor Games, Inc. of Sammamish, Washington which owned the domain name until 1997 when they “unintentionally” let it expire and that is when Vertical Axis Inc. who was represented by ESQwire.com Law Firm, acquired the domain on the drop. The Complaintant did not apply for the trademark with the USPTO until 1999 but found the term was not a true generic but related to a particular type of game the kind currently featured ... read more ...
Wed 21st January 2015
Written by The Domains in EN and tagged
Trademark Holders Make Cybersquatting Profitable By Failing To Act: BentleyMotorCars.com 9 Years Old - We have mentioned before that when it comes to the levels of  cybersquatting trademark holders have to share the blame by creating the ecosystem for high profits for those registering bang on trademark infringing domains and allowing them to be very profitabily parked for many year before taking action Today we see another one such case. Bentley Motors Limited just won a UDRP on BentleyMotorCars.com which is they way they are frequently described.  A Google search for the term returns a ton of ... read more ...
 
Written by DomainNameWire in EN and tagged
Investment organisation RVK intent in Reverse Domain Name Hijacking on RVK.com - Company changed its brand last year, filed UDRP to get matching three letter domain name. They want the matching domain name, but would rather not pay for it.A World Intellectual Property Organization panel has found investment advisory firm RVK (formerly R.V. Kuhns Associates, Inc.) guilty of engaging in reverse domain name hijacking over the domain name RVK.com. The company, aided by law firm Tonkon Torp LLP, filed a UDRP against domain name owner Gregory Ricks. According to the decision, the ... read more ...
Tue 20th January 2015
Written by The Domains in EN and tagged
Panel Decides To "Terminate" UDRP On Telepathy's SDT.com W/Fed Case Pending + 1 Vote RDNH - 2 members of a 3 member UDRP decided to terminate a UDRP filed by SDT International limited company of Belgium (SDT) on the three letter .com, SDT.com from Nat Cohen’s Telepathy, Inc. who was represented by Wiley Rein LLP. The three member panel spit in its decision with 2 members voting to terminate the the proceeding since Telepathy has already filed a federal lawsuit seeking a declaratory order that Telepathy’s registration of SDT.com did not violate the trademarks of SDT The third member ... read more ...
 
Written by DomainNameWire in EN and tagged
MomAndMe.com spared in UDRP. Should have been RDNH? - Indian company should not have brought case. A single member World Intellectual Property Organization panel has ruled against Mahindra Mahindra Limited of India in its UDRP against the owner of MomAndMe.com. Even though the domain name owner didn’t respond, this case should have been a candidate for reverse domain name hijacking. The complainant claims rights dating as far back as 2007. The domain name owner appears to have registered the domain name in 2000. Case closed. More worrisome is how ... read more ...
 
Written by The Domains in EN and tagged
"The Donald" Goes After The Domain TrumpCard.com In A UDRP - Domain Trump has filed a UDRP on the domain name Trumpcard.com The domain name TrumpCard.com was first registered in 1998. While the Donald owns some casinos or at least has his name on them, the term Trump Card has a meaning well before the time there was a Donald Trump and well before he ever owned a casino. The domain is owned under privacy since 2011. The last time it was owned by someone not under privacy it was owned by a E. Dillon, of  London, and  a click on the page by the word Trumpcard.com ... read more ...
 
Written by The Domains in EN and tagged
Fiesta.com Hit With A UDRP -           The extremely generic domain name Fiesta.com has been hit with a UDRP filing. The complainant is Dean Simmons, Sàrl Heintz Van Landewyck S.à.r.l. which as the best as I can tell has a pending but not yet registered trademark on the term and is actually facing abandonment by April 2015. Del Monte foods  also has a recently filed trademark on the term Fiesta going all the way back to May 14th 2014. As for the domain name it’s registered under privacy at Moniker but was owned prior ... read more ...
Sat 17th January 2015
Written by The Domains in EN and tagged
Fox Sports Owned Domain SportsSouth.com Saved In A UDRP Decision: No Use in 4+ Years Is Not Bad Faith - Well here is something you don’t see very often in UDRP land a Fortune 500 Company defending a domain name it owns against a UDRP claim and they didn’t even elect to pay for a three member panel The UDRP was brought by Sports South, LLC on the domain SportsSouth.com which is owned by Fox Sports Networks, LLC and registered at Mark Monitor The Sports South, LLC domain name claimed that there company was formed in 1972 but they just filed for a trademark on the term Sports South in January 2014. Mark ... read more ...
 
Written by The Domains in EN and tagged
Snapchat Loses UDRP On SnapChatCheck.com - Snapchat, Inc. just lost a UDRP on the domain name snapchatcheck.com and the domain holder didn’t even respond. Houston Putnam Lowry, Chartered Arbitrator, was the sole  Panelist. Here are the highlights: “Complainant claims Respondent has not provided any bona fide offering of goods or services, or made a legitimate noncommercial or fair use of the disputed domain name.  Complainant claims Respondent uses the disputed domain to pass itself off as Complainant. This Panel disagrees after doing ... read more ...
Fri 16th January 2015
Written by The Domains in EN and tagged
Roadcam.com Saved in a Very Interesting UDRP With A Very Good Lesson In TM Law - In a very interesting UDRP decision Roadcam, Inc. lost its bid to grab the domain roadcam.com The domain holder is Jon Smejkal of Pittsburg, California Actually there were three domain names in disputed domain names, roadcam.com and roadcam.net dashcamlab.com The case is really interesting because of the allegations of the parties which I have highlighted below the fact that the “trademark holder” alleges common law rights, there is an relationship of some sort between the parties and a finding ... read more ...
Thu 15th January 2015
Written by The Domains in EN and tagged
Sofia Vergara Wins Rights To SofiaVergara.org - Sofia Vergara has won control of the domain name SofiaVergara.org which the domain owner alleged was a fan site for the Golden Globe, Primetime Emmy Award, and Screen Actors Guild Award nominated actress who currently stars in the Emmy Award winning television series, Modern Family. Ms. Vergara appears to own SofiaVergara.com which is registered to the World Entertainment Agency of Miami. Here are the  relevant facts and findings from the one person UDRP panel decision issued by WIPO Arbitration ... 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 ...
 
Written by DomainNameWire in EN and tagged
$55k Stolen domain name CIN.com returned around UDRP - Company paid $55,000 for domain name before it was stolen. Corporação Industrial do Norte, S.A (CIN) has recovered the domain name CIN.com, a domain name it says was stolen from it, through a UDRP. The company acquired CIN.com for $55,000 last summer. It alleges the domain name was then stolen and transferred to domain name registrar eName. (eName has apparently become a favorite registrar for domain name thieves. I see lots of allegedly stolen domain names ending ... read more ...
Mon 12th January 2015
Written by DomainNameWire in EN and tagged
eBay takes down over 1,000 domain names with a singular UDRP - eBay wins a massive UDRP case. eBay has successfully taken down over 1,000 domain names containing its trademark, many of which were set up as commerce sites. The online auction company filed a UDRP against the owner of 1,153 .com and .net domain names. All of the domain names contained “ebay” followed by a series of numbers, such as ebay962.com, ebay623.net and ebay389.com. The domain names were protected by a privacy service. When the privacy was removed, the ... read more ...
Fri 9th January 2015
Written by The Domains in EN and tagged
Best Reverse Domain Hijacking UDRP Decision Of 2015: SpeedTest.Org: This Is What We Are Talking About - A three member National Arbitration Forum UDRP panel has finally done like Spike Lee long suggested, do the right thing and called out an attempted theft of a domain name for just what it is, in the case of SpeedTest.org Scene LLC, d/b/a Ookla represented by Jeff Nelson of Miller Nash Graham Dunn LLP, of  Washington, USA have just been found to be guilty of Reverse Domain Name Hijacking (RDNH) in the case of Speedtest.org The domain holder, Innovation HQ, Inc. was represented by Zak Muscovitch ... read more ...
 
Written by The Domains in EN and tagged
Domain Holder Who Loses UDRP, Files Federal Court Case Over DirectorsChoice.com - Back in late December we wrote about the domain name DirectorsChoice.com which was lost in our opinion in a very bad UDRP decision. Today the domain holder, Russ Smith, pro se, filed a federal lawsuit in the United States District Court For The District Of New Jersey pursuant to Anti-Cybersquatting Consumer Protection Act (“ACPA”) 15 U.S.C. § 1114 (2)(D) (iv) and(v) to obtain a declaration of lawful use of the domain name and obtain a declaration that the Defendant made materially false statements ... read more ...
Wed 7th January 2015
Written by The Domains in EN and tagged
Troubling Decision: 19 Year Old DesertGolf.com Lost In UDRP To DesertGolfer.com On Common Law Mark - We are only into the first few days of the year we have what I consider to be first horrible UDRP decision of 2015. A one member UDRP panel decision handed by by the National Arbitration Forum by Richard DiSalle as Panelist gave the domain name DesertGolf.com to the owner of the domain DesertGolfer.com The Complainant Pade Publishing, LLC, who has since 2001, published “Desert Golf Tennis, a luxury magazine illustrating golf and tennis lifestyles and activities. Complainant uses the domain name ... read more ...
Mon 5th January 2015
Written by The Domains in EN and tagged
After 14 Years Porsche Finally Gets Around To Filing & Winning UDRP On Porsches.com - Its pretty hard to believe but it took the car maker Porsche over 14 years to go after the domain name Porsches.com The domain name was registered on March 13, 2000 The domain name is of course the plural of the car makers name properly spelled A pretty bang on trademark issue. However the UDRP wasn’t filed until October 23, 2014. The case is not worth discussing except for this portion: “The Panel recognizes that there has been a 14 year gap between the date the disputed domain name was registered ... read more ...
Tue 23rd December 2014
Written by The Domains in EN and tagged
Merry Christmas Trademark Holders: 15 Year Old DirectorsChoice.com Lost In UDRP - Director’s Choice, LLP just won is a UDRP for the domain name directorschoice.com We read through the complaint the other day thought is was a no-brainier win for the domain holder, but as the opinion lays out it seems the three member panel thought it was a no-brainier win for the Trademark Holder. It seems the domain holder acted as his own attorney to respond to the complaint. Not a good idea people. The domain holder already let us know he will be filing a Federal Suit to stop the transfer. Here ... read more ...
 
Written by The Domains in EN and tagged
15 Year Old Geo Domain ParrotCay.com Saved In UDRP Registered 7 Years Before TM: No RDNH - A three panel UDRP decision rejected the complaint of Como Holdings USA, Inc. on the 15 year old domain name ParrotCay.com as well as ParrotCay.co which was registered on the first day of general availability by the owner of the .com, Sybaris LLC The decision was handed down by the Asian Domain Name Dispute Resolution Centre (Kuala Lumpur Office) (the “Centre”). Its another case where in my opinion a finding of Reverse Domain Name Hijacking (RDNH) should have been found. The domain name is 15 ... read more ...
Mon 22nd December 2014
Written by The Domains in EN and tagged
UDRP Filed on 14 Year Old Domain: Domain Holder Objects To 2014 Trademark Filing - This is a pretty interesting UDRP. Basically you have the Complainant which has been operating under the the domain name directorschoicetourandtravel.com since 2006 filed for a federal trademark on the term DIRECTOR’S CHOICE around July 15th of this year with the USPTO, which is says its been using “since at least as early as April 1997 used in connection with Complainant’s Services, namely, “arranging travel tours for music organizations; organization of travel” The domain name directorschoice.com ... read more ...
Fri 19th December 2014
Written by The Domains in EN and tagged
C-and-A.com Wins UDRP On C-A.Com Purchased For $3K & Offered To .Com Holder For $340K - Cofra Holding AG of Zug, Switzerland which owns the domain name C-and-A.com, just won the rights to the domain name C-A.Com. The three member panel did not like the fact that the domain owner who purchased the domain name C-A.com in January 2014 for $3k was asking for six figures to the .com holder of the domain name CandA.com Here are the relevant facts and findings by the panel: T the Complainant owns over 90 trademark registrations in various countries around the world, including the United States ... read more ...