Tag Archives: UDRP

Wed 17th September 2014
Written by The Domains in EN and tagged
Frank Schilling’s Name Adminstration Wins Its 35th UDRP on ParisJewellers.com - Name Administration won its 35th UDRP today as a three member panel of the National Arbitration Forum, rejected Paris Jewellers Ltd. of Canada Complaint on the domain name ParisJewellers.com which was registered by Name Administration back in 2004. As always, Name Administration was represented by John Berryhill, Esq. This decision was short and sweet as the Complainant didn’t have a registered trademark and its two attempts to register a trademark in Canada were rejected by the Canadian Intellectual ... read more ...
 
Written by DomainNameWire in EN and tagged
Should this UDRP complainant have cold the case? - The response made it clear it would not win its case. The group that owns the the French wine estate Chateau Ausone filed a UDRP against the owner of Ausone.com. On the face of it, I can understand why they filed the complaint. At the time they filed, visitors to Ausone.com saw a parked page that included links to wine. If they looked at the whois for Ausone.com, it didn’t indicate any connection to an “Ausone” brand”, other than the registrant being located ... read more ...
 
Written by DomainNameWire in EN and tagged
WWE accepts a challenge, fights for WWE.org - Domain name owner makes preemptive defense against UDRP. A UDRP for WWE.org was just filed with National Arbitration Forum. You’ll see a curious message when you visit the domain name: Disclaimer: wwe.org (Western Women Entrepreneurs) is not associated with wwe.com (World Wrestling Entertainment) nor we have any intention to represent, sell or promote ANY wrestling goods. wwe.org is a solo organization represents Western Women Entrepreneurs. we hold no trademark ... read more ...
Mon 15th September 2014
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LINDT Loses UDRP Bid To Grab ExcellenceChocolate.com Based On Its EXCELLENCE TM - Chocoladefabriken Lindt Sprüngli AG (“Complainant”), just lost its attempt to grab the domain name excellencechocolate.com based on a trademark on the term EXCELLENCE. Although the panelist James A. Carmody, Esq. found that “Complainant rights in EXCELLENCE are suspect”, “that the underlying the mark is a clearly generic phrase neither coined by nor inherently associated with Complainant that the domain holder has been selling chocolate under the EXCELLENCE CHOCOLATE mark since 1989″ ... read more ...
 
Written by The Domains in EN and tagged
Esqwire.com Gets Another Reverse Domain Name Hijacking Ruling: CountryGirl.com - LML Investments LLC (LML) represented by Jeremiah A. Pastrick of Continental Enterprises, Indiana was just found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name CountryGirl.com The domain holder P.A. Gordon represented by Ari Goldberger of Esqwire.com, New Jersey, USA. The three member panel of Paul M. DeCicco, Esq., The Honourable Neil Anthony Brown, QC, James A. Carmody, Esq found that LML which had a trademark since 2008 attempt to grab the domain name that was registered 7 years ... read more ...
Sat 13th September 2014
Written by The Domains in EN and tagged
18 Year Old MySchool.com Hit With UDRP For The Second Time in 4 Years - The domain name MySchool.com looks to be getting hit with a UDRP for a second time in four years. Back in 2010 Joseph L. Carpenter brought a UDRP against Andy Booth and his Foresight.com. At that time Carpenter alleged the following: The Complainant alleges that he has used MYSCHOOL® as a trademark and brand name in connection with online information and advertisements in the field of education since at least December of 2008. He operates his website in connection with the domain name myschool411.com. ... read more ...
Fri 12th September 2014
Written by DomainNameWire in EN and tagged
Frank Schilling gets retreat domain name hijacking win on Puket.com - “Ah, Puket, let’s file this case and hope they don’t show up.” Clothing company IMB Textil S.A., which uses the domain name puket.com.br, has been found guilty of Reverse Domain Name Hijacking (RDNH) for trying to steal Puket.com through UDRP. Frank Schilling parked the domain name Puket.com, an alternative spelling of Phuket in Thailand, and it showed links related to to island. IMB Textil filed the UDRP after initiating purchase negotiations with Schilling, ... read more ...
Thu 11th September 2014
Written by The Domains in EN and tagged
Record? Owner of Braindumps.com Loses 4 Separate UDRP’s In One Day - Earlier today we wrote about the owner of the domain name braindumps.com losing a UDRP to grab the 13 year old domain braindumps.biz. The owner of Braindumps.com, Certplex, Ltd also lost three more UDRP’s yesterday. It maybe some sort of record UDRP as four separate  panels made up of separate panelists denied each and everyone of the Braindumps.com four Complaints. In addition to the Braindumps.biz case the subject of a previous post, the Company Certplex also lost its UDRP bid to grab the domain ... read more ...
 
Written by The Domains in EN and tagged
Owner Of Braindumps.com Loses UDRP Bid To Grab 13 Year Old Braindumps.biz - Certplex, Ltd. (“Complainant”), who owns the domain name Braindumps.com just lost its attempt to grab the domain name Braindumps.biz after waiting 13 years to bring the UDRP. The one member panel of R. Glen Ayers while explicated not deciding the case on the doctrine of Laches spent a lot of time discussing the 13 period from which the .Biz domain name was registered to the date the Complainant filed a trademark (2014) and then filed this UDRP. Here are the highlights: Complainant uses the BRAINDUMPS ... read more ...
Wed 10th September 2014
Written by The Domains in EN and tagged
Globeway LLC Guilty of Reverse Domain Name Hijacking - Globeway LLC of West Virgina was just found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name Globleway.com The domain is owned by Vertical Axis Inc. who was represented by Ari Goldberger and Jason Schaeffer of Esqwire.com The three member panel of Nathalie Dreyfus, G. Gervaise Davis and The Honorable Neil Anthony Brown rejected Globeway argument that they had common law rights to the term Globeway which they claimed they established earlier this year. The company was just incorporated ... read more ...
Tue 9th September 2014
Written by DomainNameWire in EN and tagged
UDRP filed opposite $19k lapsed domain Bespoke.com. Is it a former owner? - Valuable domain name expired earlier this year and now faces UDRP. The domain name Bespoke.com expired in May. It went through the entire expiration cycle, making it one of the best domain names to fully expire this year. A bidder at DropCatch.com paid $18,805 to purchase the domain name. Now that buyer is being forced to defend the generic domain in a UDRP, and it might be against the company that let the domain name expire. Bespoke Services Group S.A. filed a UDRP ... read more ...
 
Written by DomainNameWire in EN and tagged
Reverse domain name hijacking of Verb.com in a “Foolish rubbish of time” - “Baseless” complaint was a “foolish waste of time”. Three related hair care products companies have been found guilty of reverse domain name hijacking after trying to steal the domain name Verb.com through a UDRP. Verb Products Inc., Verb Hair Products Canada Inc., and Moroccanoil Israel Ltd. filed the complaint with the assistance of law firm Conkle, Kremer Engel, PLC. The three person WIPO panel that heard the case said it agreed with the first statement ... read more ...
Mon 8th September 2014
Written by DomainNameWire in EN and tagged
Aborted Sedo understanding blamed on domain burglary in engaging soccer domain name case - Domain theft, a cancelled Sedo sale and Spain’s national soccer league. Liga de Fútbol Profesional, the Spanish soccer league with 42 teams, has lost a UDRP over the domain name LaLiga.com. “La Liga” translates to the dictionary term “league”, but the WIPO panelist who heard the case agreed that the term had acquired secondary meaning. The soccer league has multiple trademarks on the term. Indeed, LaLiga.com was clearly created with the league in mind. ... read more ...
Fri 5th September 2014
Written by The Domains in EN and tagged
Clearwater Systems, Inc Guilty Of Reverse Domain Name Hijacking Without Domain Holder Asking - A one member UDRP panel has found that Clearwater Systems, Inc. of Akron, Ohio, represented by Walker Jocke, is guilty of Reverse Domain Name Hijacking (RDNH) on the domain name clearwatersystems.net The decision is unusually because the domain holder, Glenn Johnson of Clearwater, Florida, / Clear Water Systems of Remington, Inc. of Remington, Indiana (“CWSRI”), didn’t even ask the panel for a finding of RDNH, Richard G. Lyon the sole panelist made a finding of RNDH on his own initiative Here ... read more ...
 
Written by DomainNameWire in EN and tagged
Clearwater Systems Guilty of Reverse Domain Name Hijacking - Case contradicts prior rulings involving the same complainant, but the panelist in the other cases probably got it wrong. Clearwater Systems of Akron, Ohio, has been found guilty of reverse domain name hijacking. It’s a decision that might make the company scratch its head in light of two recent victories using UDRP. The present case is for ClearWaterSystems.net, a domain name owned by a water softener and bottled water company in Indiana. Panelist Richard G. Lyon ... read more ...
Wed 3rd September 2014
Written by DomainNameWire in EN and tagged
Grand Funk Railroad wins box for GrandFunk.com - Popular band from the 70s catches up to the 2010’s after winning domain name case. Rock bank Grand Funk Railroad, which was very popular back in the 70s, has won rights to the domain name GrandFunk.com through a UDRP. Even if you’re too young (like me) to remember the 70s, there’s no doubt you’ve heard some of their songs. “We’re an American Band” is one of the group’s most famous songs. The domain name was registered 15 years ago, but the panelist ... read more ...
Tue 2nd September 2014
Written by DomainNameWire in EN and tagged
Lawsuit filed over .email domain names - Yoyo.email files lawsuit after barrage of URS and UDRP complaints. Last month I wrote about Yoyo.email Ltd, a company that has found itself in legal hot water after registering over 4,000 .email domain names. Many of the domain names match well known brands, such as 7eleven.email, Geico.email and Budlight.email. As a result, Yoyo has already been on the receiving end of at least 34 URS (Uniform Rapid Suspension) and UDRP cases. Yoyo.email is fighting back. Last Friday ... read more ...
Mon 1st September 2014
Written by The Domains in EN and tagged
Pinterest Wins Control PinSex.com With 49 Million Visitors Based On Common Law TM of “Pin” - Pinterest, Inc. just won control over two domain names PinSex.com and PinGay.com which are active sites driving a huge numbers of members and traffic based off a finding that Pinterest had common law rights to the word “pin” The disputed domain name was registered on June 5, 2008. The disputed domain name was registered on May 1, 2011. Pinterest got a US trademark on the term “pin” in June 2014. According to the domain holder the website pinsex.com” has had approximately 48.8 million ... read more ...
Wed 27th August 2014
Written by DomainNameWire in EN and tagged
UDRP: Girls Do Porn, though association Doesn’t Do Trademarks well - Company runs site that is rather descriptive of its services. BLL Media Holdings has lost a UDRP it filed against Infinitoria Ltd over the domain name GirlDoPorn.com (in which “girl” in singular). The complainant purports to run the site GirlsDoPorn.com (in which “girls” is plural). BLL failed to show the World Intellectual Property Organization panelist that the domain name was confusingly similar to a mark in which it had rights. The domain name GirlsDoPorn.com ... read more ...
Tue 26th August 2014
Written by The Domains in EN and tagged
Why Did Philip Morris Spend $1,500 To File A UDRP On Buying-Tax-Free-Marlboro-Cigarettes.com? - Philip Morris USA Inc,  just won the rights to the domain name buying-tax-free-marlboro-cigarettes.com in a  UDRP. The fact that the corporate giant won the domain is no surprise,  but I have no idea of why the company would spend $1,500 in just filing fees to get control of a horrible domain name with 4 hyphens. According to Screenshots.com,  the only page they have indexed is a placeholder from the registrar Godaddy.com The domain had no traffic according to Alexa. To me it looks like a huge ... read more ...
Fri 22nd August 2014
Written by The Domains in EN and tagged
UDRP Panel Refused To Find RDNH Despite Finding TM Holder Failed To Disclose & Misrepresented - The majority of a three member UDRP refused to find Reverse Domain Name Hijacking (RDNH) despite the fact they found the complainant failed to disclose a previous relationship between  the parties and a previous UDRP between the domain holder and the former company that the trademark holder acquired. The majority of the panel also found that the complaint’s failure to disclose a previous UDRP did not effect the outcome of this UDRP saying “The Panel recalls that the present decision is limited ... read more ...
Thu 21st August 2014
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Beiersdorf AG, Hamburg, Germany Guilty Of Reverse Domain Name Hijacking - Beiersdorf AG, which is located in Hamburg, Germany has just been found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name BeiersdorfChina.com They were represented by in-house counsel In this case the Respondent is Beiersdorf (Tianjin) Petrochemical Co., Ltd., which is located in Tianjin, China. The decision was issued in Chinese and I used Google translate to turn it into broken English “”The complainant is a company registered in Germany, mainly engaged in the production and ... read more ...
Wed 20th August 2014
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Be Warned: WIPO Taking Screenshots When A UDRP Is Filed & Giving It To Panel & Why Its A Problem - WIPO has been taking Screenshots of whatever is on a domain name as soon as a UDRP Is filed and they have been furnishing the screenshot to the UDRP panel who has been taking the screenshot into account as evidence in making their determination. This revelation came to light by  John Berryhill who read the following sentence in the recent 4Chan.com UDRP decision: “The Center generated, as it does as a matter of standard practice, a screenshot of the website associated with the disputed domain ... read more ...
 
Written by The Domains in EN and tagged
INTA Issues 6 Month Bulletin on Results of URS Cases - The International Trademark Association (INTA) issued what it called a 6 month  Bulletin on the results of cases filed under the Uniform Rapid Suspension (URS) procedure. INTA says that a total of 92 URS cases have been filed to date 88 with the National Arbitration Forum in the United States (NAF) and four with the Asian Domain Name Dispute Resolution Centre (ADNDRC) in Hong Kong. Suspensions have been issued in 71 cases (including one affirmed on appeal, as noted below), versus nine instances ... read more ...
Mon 18th August 2014
Written by The Domains in EN and tagged
17 Year Old TVS.com Saved in UDRP Against $4 Billion Company That’s Going Into Domain Hall Of Shame - TV Sundram Iyengar and Sons Limited of Madurai of India represented by DePenning DePenning, just lost its attempt to grab the 17 year old domain name TVS.com The domain owner P.A. Gordon was represented by ESQwire.com which won its second UDRP of the day, Congrats to Ari and Jason. The panel had a very good discussion of latches and while the decision did not rest on latches the delay in 17 years was not something the panel could ignore. The panel spent quite a bit of time discussing the issue of ... read more ...