Tag Archives: UDRP

Tue 15th April 2014
Written by The Domains in EN and tagged
Y8.net Lost in UDRP - Web Entertainment, LLC of Las Vegas, Nevada, just won a UDRP on the domain name y8.net The Respondent did not reply to the UDRP The complainant has a trademark on the term Y8 that was filed in 2012 and has a gambling website at Y8.com The domain name Y8.net was first registered in 1998 but the current owner acquired it in May 2012. The panel found “although the Domain Name was first registered in 1998,  for the purposes of finding bad faith, May 2012 or later, is when the Respondent first acquired ... read more ...
Fri 11th April 2014
Written by The Domains in EN and tagged
Dune.com Hit With UDRP - The domain name Dune.com has been hit with a UDRP. The complainant was filed by Dune Holdings Limited which was formed in 2001 and uses the domain name dunelondon.com According to BusinessWeek.com, “Dune Holdings Ltd. designs and retails fashion footwear and accessories for men and women. It offers boots, shoes, sandals, bags, scarves/gloves/hats, and sunglasses, as well as belts and jewelry. The company provides its products through its stores and department stores worldwide, as well as online. ... read more ...
 
Written by DomainNameWire in EN and tagged
Dune.com strike with UDRP - Generic word targeted with UDRP filing. The generic domain name Dune.com has been hit with a UDRP at World Intellectual Property Organization. The case was filed by Dune Holdings Limited, a London-based seller of shoes and accessories. The company uses the web address DuneLondon.com, so it’s no wonder that it wants the shorter domain name. When I search for “dune” on Google the first five results are about the science fiction novel and movie. Of course, dune ... read more ...
Thu 10th April 2014
Written by The Domains in EN and tagged
Thamesrivers.com Lost in UDRP - FC Management Limited of London, United Kingdom of Great Britain just got the domain name thamesrivers.com awarded to them by a UDRP panel based off of a Community Trade Mark registration. The domain holder did not respond to the complaint Here is the relevant facts and findings: The Complainant states that it is an international company which specializes in investment and asset management and has operated since 1868. It acquired Thames River Capital Group Limited and its subsidiary companies on ... read more ...
Tue 8th April 2014
Written by DomainNameWire in EN and tagged
Busted: UDRP panelist contradicts his progressing decisions - Panelist’s rationale for latest decision directly contradicts earlier ones. National Arbitration Forum panelist Héctor A. Manoff has found against Restomod, Inc. in a UDRP it filed for the domain name restomod.com. The decision is probably correct, but how he came to the decision directly contradicts earlier decisions he has made. In the Restomod.com case, the domain registrant registered the domain name way back in 1999. The complainant didn’t register a trademark ... read more ...
Mon 7th April 2014
Written by The Domains in EN and tagged
Inbay Limited of London Guilty Of Reverse Domain Name Hijacking - Inbay Limited of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Keystone Law, United Kingdom has been found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name inbay.com which was registered back on December 11, 1998. The trademark which inBay Limited of London based their claim on wasn’t filed until 2012. Here are the RDNH findings by the three member panel of Nicholas Smith Nick J. Gardner, and Diane Cabell: This is a Complaint ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP complainant shoots self in feet with supplemental filing - Company effectively admits its original complaint was destined to fail when it makes supplemental filing. Inbay Limited of the United Kingdom has been found guilty of reverse domain name hijacking in a UDRP for Inbay.com. The three person panel found that Inbay should have known its complaint would fail from the outset. Perhaps more importantly, it should have known it would fail after receiving the domain owner’s response — yet it decided to file a supplemental ... read more ...
 
Written by DomainNameWire in EN and tagged
JustBelieve.com saved in UDRP, no RDNH interjection to “idiot defense” - Arbitrator decides that the case was so weak that the complainant just didn’t know any better. In March I wrote about how Life is Now, Inc., which promotes business coach David Neagle, had filed a UDRP against JustBelieve.com. Domain owner Greg Ricks has successfully defended the ridiculous UDRP. The primary determining factor was that Ricks owned the domain name before the complainant started using the term “Just Believe”. That makes it impossible to prove ... read more ...
Thu 3rd April 2014
Written by DomainNameWire in EN and tagged
HugeDomains sues medical organisation to keep domain and claims RDNH - HugeDomains claims Austin medical group provided false statements in UDRP. A couple weeks ago I wrote about a UDRP for AustinPain.com and how I thought the panel got it wrong. Now HugeDomains, which was on the losing end of the case, has filed suit to halt the transfer and is asking to recover damages under Reverse Domain Name Hijacking (RDNH). The suit was filed against Austin Pain Associates in U.S. District Court in Colorado yesterday. In the suit, HugeDomains ... read more ...
Wed 2nd April 2014
Written by The Domains in EN and tagged
Vertical Axis Beats Back a UDRP on a Domain ThinkThin.com Registered in 2001 - Vertical Axis Inc which was as always represented by Esqwire.com beat back a UDRP on the domain name ThinkThin.com The trademark holder 1st registered their trademark and started selling their product in 2006, somehow they thought they were entitled to the domain although it was registered back in 2001. Typical. The three member panel should have found Reverse Domain Name Hijacking but instead just denied the UDRP: The factual findings pertinent to the decision in this case are that: 1. Complainant ... read more ...
 
Written by The Domains in EN and tagged
18 Year Old Domain MyMachine.com Saved in UDRP - Sabrage Media, Inc. just lost his attempt to grab the 18 year old domain name mymachine.com through a UDRP to which the domain owner didn’t even bother to defend. The factual findings pertinent to the decision in this case are that: 1. Complainant has used the trademark MY MACHINE in connection with a magazine publication, website, and clothing products related generally to motorcycling; 2. Complainant owns United States Trademark Reg. No. 3,158,541, filed November 29, 2005, registered October ... read more ...
Fri 28th March 2014
Written by DomainNameWire in EN and tagged
4chan final 4chan.com domain name - Popular bulletin board asks arbitration panel to give it the 4chan.com domain name. One of the world’s most trafficked websites is on a .org domain name, and now its asking an arbitration panel to give it the matching .com. Image-based bulletin board 4chan (at 4chan.org) has filed a complaint with The World Intellectual Property Organization. It claims that the owner of 4chan.com is cybersquatting and demands the domain name be handed over. 4chan.com has been owned ... read more ...
Thu 27th March 2014
Written by The Domains in EN and tagged
Twitter Files UDRP On Twıtter.com (Its An IDN) - Twitter.com filed a UDRP on the domain name twıtter.com Twıtter.com is an IDN; xn--twtter-4ja12b.com and goes to a page that has a picture of what appears to be someone in the armed forces somewhere by the name of RUHUNUZ ŞÂD OLSUN ÖCÜNÜZ ALINDI There is no advertising or other monetization on the domain nor is there any reference to Twitter. The domain does not appear to be for sale or have any sort of for sale banner or even contact link. We will see how this plays out Google+Michael ... read more ...
 
Written by The Domains in EN and tagged
UDRP Panel Punts Denying Google’s UDRP On Androidtv.com - Google Inc. (“Complainant”) just lost a UDRP on the domain anem androidtv.com and xbmcandroidtv.com Its a pretty interesting case in which the Panel winds up punting saying the dispute is outside of scope of the UDRP but I think having read all the facts and findings of the panel and the argument of the respondent, this UDRP should not have been dismissed on its merits not as being outside the scope of the UDRP. Here we go: “””Complainant offers a software platform and operating system ... read more ...
Mon 24th March 2014
Written by The Domains in EN and tagged
Bad Decision: HugeDomains.com Turns Down $6K & Loses Generic Domain In UDRP - Austin Pain Association (“Complainant”), just won control of the domain name AustinPain.com which was owned by HugeDomains.com As someone who is the subject of UDRP complainants as well (2 pending) it brings me no joy to report on these cases, but the cases are the cases and in this case HugeDomains.com lost control of AustinPain.com which the panel acknowledged was generic in nature and for which the complainant didn’t even have a registered trademark and a common law trademark which “Complainant ... read more ...
 
Written by The Domains in EN and tagged
UDRP Panel Orders Return of Purportedly Stolen Domain - A one member UDRP panel has ordered the return of a purportedly stolen domain name, Teenee.com The UDRP was decided by the Asian Domain Name Dispute Resolution Centre. UDRP panels in the past generally have refused to transfer purposed stolen domain names finding the UDRP is the wrong process to return such a domain. However this panel noting that the domain name was owned by the Complainant since 2001 until it was transferred without its authorized in September 2013; The Complainant has filed a ... read more ...
Fri 21st March 2014
Written by DomainNameWire in EN and tagged
A domain financier goes to WIPO’s home in Geneva to learn some-more about UDRP - Nat Cohen traveled to Geneva to learn more about the current state of UDRP. Here’s what he learned. Last October, at the suggestion of attorneys John Berryhill and Zak Muscovitch, I flew to Geneva to attend a workshop presented by WIPO entitled WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Precedent and Practice. I hoped to gain a better understanding of whether, despite the UDRP’s flaws and the pro-complainant bias built into the procedures, ... read more ...
Thu 20th March 2014
Written by The Domains in EN and tagged
Disturbing: 12 Year Old Hobbex.com Registered 4 Years Before Trademark Lost In UDRP - Hobbex AB of Borås, Sweden, just won a UDRP on the domain name Hobbex.com which is owned by Vertical Axis Inc. The case is disturbing because  the domain holder registered the domain four years before the trademark holder got their trademark yet the majority of the three member panel gave the domain to the trademark holder finding that they used the “trademark for many years before it secured its registration”. Moreover the trademark holder registered it in 2006 and waited until late 2013  ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP row gets AustinPain.com preference wrong - Panel awards generic domain name to company with questionable trademark rights. A National Arbitration Forum panel has ordered the transfer of the domain name AustinPain.com, and I believe it got the decision wrong. The case was filed by Austin Pain Associates* against HugeDomains. The three person panel had to twist and rationalize UDRP rules in order to find against HugeDomains in each aspect of the UDRP. Reading the case, it’s apparent that Austin Pain Associates ... read more ...
Wed 19th March 2014
Written by The Domains in EN and tagged
15 Year Old Quebec.com Owned By Anything.com Saved In UDRP - The government of Quebec just lost its bid to grab the domain name Quebec.com, but the domain owner failed to get a Reverse Domain Name Hijacking Ruling. If you’re in to extremely long proper names,  the complainant in the UDRP is “Ministre des Relations internationales, de la Francophonie et du Commerce extérieur (Minister of International Relations, La Francophonie and External Trade), acting in this proceeding for and on behalf of the Government of Québec, Québec, Canada” The domain ... read more ...
 
Written by DomainNameWire in EN and tagged
Quebec’s supervision loses domain brawl over Quebec.com - UDRP must have been lost in translation. The Government of Quebec has lost a UDRP it filed against the domain name Quebec.com. This was a no brainer case. The three person panel found that domain owner Anything.com has rights or legitimate interests in the domain and did not register it in bad faith. Instead, the registrant registered it and parked it showing ads related to the city of Quebec. While the panel doesn’t specifically find laches, it questions why it ... read more ...
Tue 18th March 2014
Written by The Domains in EN and tagged
Frank Schilling Gets Hit With UDRP On a Domain Name ClearCare.com - One of Frank Schilling Name Administration domain names has been hit with a UDRP. The domain name ClearCare.com has been owned by Name Administration since at least 2008 according to DomainTools.com The complainant is not listed but Alcon a publicly traded company (ACL) makes a contact lens cleaning productknown as Clear Care, which it uses the URL Clearcaresolution.com. There are multiple live trademarks for the term ClearCare in the US by: Arch Chemicals, Inc. ClearCare, Inc Novartis AG Group Health ... read more ...
 
Written by DomainNameWire in EN and tagged
Panel won’t find Reverse Domain Name Hijacking due to whois privacy - UDRP panelist cites whois privacy as reason for not finding RDNH. A single member National Arbitration Forum panel has found in favor of the owner of Finell.com, but declined to find reverse domain name hijacking because the owner used a whois privacy service. The UDRP complaint was brought by Finell Co., LLC, which has its origins around 2011. Architect Filip Finell registered Finell.com in 2000 and started using it to promote his architecture firm. He later took ... read more ...
Mon 17th March 2014
Written by The Domains in EN and tagged
Canyon.bike Lost In 1st UDRP Decision On A New gTLD Domain Name - Canyon Bicycles GmbH of Koblenz, Germany, just won the first UDRP decision on a new gTLD domain name, canyon.bike (all other decision up to now have been URS cases) The one member panel found that when it comes to new gTLD’s the will take the entire domain name, both on the left and right of the dot in determining whether the domain name infringes on a trademark: The Panel finds that, given the advent of multiple new gTLD domain names, panels may determine that it is appropriate to include consideration ... read more ...
 
Written by DomainNameWire in EN and tagged
After winning UDRP, Denver Nuggets let DenverNuggets.com domain name expire - Denver’s NBA team fought hard for domain name but then dropped the ball. After going through the effort to win the domain name DenverNuggets.com in a UDRP, the NBA team has failed to renew the domain name. It now points to an expired domain parked page including ads for Denver Nuggets tickets. [Update: the Nuggets have renewed the domain name.] The basketball team won a UDRP for the domain name in 2009, but the history of the domain name since then is a bit confusing. ... read more ...