Tag Archives: UDRP

Thu 7th November 2013
Written by The Domains in EN and tagged
Cairns Airport Pty Ltd of Queensland, Australia, Guilty Of Reverse Domain Name Hijacking (RDNH) - Cairns Airport Pty Ltd of Cairns, Queensland, Australia, represented by McCullough Robertson Lawyers, Australia has been found GUILTY of Reverse Domain Name Hijacking on two domain names owned by two different owners; cairnsairportparking.com.au (first domain name) and airportparkingcairns.net.au (second domain name) “Paragraph 15(e) of the Rules provides that, if “after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse ... read more ...
Wed 6th November 2013
Written by The Domains in EN and tagged
Trademark Holder Lets Its Domain Drop & UDRP Says They Can’t Have It Back - Take-Two Interactive Software, Inc. lost its attempt to grab the domain name valiant-ent.tv  which  was registered on August 18, 2013. Its an interesting opinion and one of the first times I have ever read a UDRP decision where the panel recognizes that a company that allows its domain to drop is at least partially to blame: “The Panel finds that the Complainant’s failure to renew its domain registration and not act promptly in re-registering the name is, realistically, a causative element ... read more ...
 
Written by The Domains in EN and tagged
United Parcel Service Wins UDRP On The Domain Driveups.com - United Parcel Service of America Inc. just won a UDRP on the the Domain Name Driveups.com UPS asserted that Respondent has no rights or legitimate interests in the disputed domain name and instead, in light of the fame of Complainant’s mark, is acting with opportunistic bad faith. Complainant points to the extensive use by Complainant of its UPS mark years prior to Respondent’s acquisition and use of the disputed domain name. Complainant asserts that Respondent has no relationship with UPS and ... read more ...
Mon 4th November 2013
Written by The Domains in EN and tagged
WIPO Panel Rejects Johnsons & Johnsons UDRP Claim on 17 Year Old Domain Johnsons.com - A WIPO rejected Johnson Johnson UDRP claim on the domain name Johnsons.com The domain holder was represented by Karen J. Bernstein. The domain name has been owned by the domain holder since November 12, 2006. Not only did the three member panel not find Reverse Domain Name Hijacking but one panelist, Peter Rindforth dissented with this majority finding that the domain name was registered in bad faith, although he agreed with the majority that the domain name was not used in bad faith. The panel ... read more ...
 
Written by DomainNameWire in EN and tagged
Johnson & Johnson loses box opposite Johnsons.com (again!) - For the second time in ten years, consumer products company Johnson Johnson has lost a UDRP against the domain name Johnsons.com. I first wrote about this case back in July. As I noted at the time, the whois record changed slightly since the domain was registered in 1997, but it’s quite clear that the same group still owns the domain name. Nevertheless, Johnson Johnson used the fact that the registrant company name on whois changed as a way to argue that the registration ... read more ...
 
Written by DomainNameWire in EN and tagged
What was TruTag Technologies meditative in this UDRP? - Company goes after domain names registered many years before it started using the trademark in question. I just don’t get it. TruTag Technologies, Inc. just wasted money filing a UDRP against the domain names trutag.com, truetag.net, and truetag.org. The company sells microtags for authentication and anti-counterfeiting. It uses the domain name TruTags.com, which it probably chose because TruTag.com had already been registered for several years when it started its ... read more ...
Fri 1st November 2013
Written by The Domains in EN and tagged
ADT Loses Bid To Grab 10 Year Old Domain Name AdtDealers.com Used For Gripe Site Through UDRP - ADT, the Alarm company, just lost a UDRP on the domain name adtdealers.com which was registered on November 11, 2003.  The domain holder did not file a response.  The content of the adtdealers.com domain name  appears to be complaints and plights from consumers who have become weary of the aggressive and hard-line tactics employed by Complainant’s affiliates and suggests that Internet users should favor certain ADT dealers over other dealers The Panel holds that Complainant has not established ... read more ...
 
Written by DomainNameWire in EN and tagged
True Religion jeans association sues over TrueReligion.com domain name - Last month I wrote about how jeans company True Religion lost a domain name arbitration case with the owner of TrueReligion.com. The owner of TrueReligion.com registered the domain name in 1998, many years before the jeans company came into existence. He originally used the domain name to write about Islam. But once the jeans company became very popular, he started using the domain name to profit from the True Religion brand. The jeans company lost its UDRP domain ... read more ...
Sun 27th October 2013
Written by The Domains in EN and tagged
Vertical Axis Gets Hit With UDRP On ParkRoyal.com (Again) Now Based on 8 Year Old Trademark - The domain name ParkRoyal.com owned by Vertical Axis, Inc. has just been hit with a UDRP for the second time. The complaint was filed by, Grupo Costamex, S.A. de C.V. (COSTAMEX) Operación y Supervisión de Hoteles, S.A. de C.V. (OPYSSA) who has a trademark on the term for Travel club services; travel agency services, filed in February 2005 There are several US Trademarks for this term, one filed on Alcoholic beverages, namely, whiskey Scotch whisky and Scotch whisky produced in Scotland. As Attorney ... read more ...
Fri 25th October 2013
Written by DomainNameWire in EN and tagged
Australian appetite association files UDRP opposite AGL.com - Company that uses AGL.com.au wants AGL.com. Australian natural gas and electricity company AGL Energy Limited has filed a UDRP against the three letter domain name AGL.com. The company uses the Australian country code domain name AGL.com.au for its website. AGL.com was originally registered in 1999. The current whois record has privacy, but taking a look at historical whois records from DomainTools, it is possible that the current owner acquired the domain name in ... read more ...
Thu 24th October 2013
Written by The Domains in EN and tagged
Disturbing; 12 Year Old Canary.com Lost in UDRP - Here is the decision translated by Google Complainant Canary LLC ( hereinafter referred to as ” the complainant ” ) . , Represented by Gregori D. Mavronicolas, of Mavronicolas Mueller Dee LLP, 950 Third Ave, 10th Floor, New York, NY 10022 Respondent artificially Lin ZanSong ( hereinafter referred to as ” the Respondent ” ) . , RM 101 West, Block 10, District II, Dongpu, YueQing, ZheJiang CN 325600, CN Institutions and the disputed domain name registration The disputed domain name ... read more ...
 
Written by DomainNameWire in EN and tagged
Michael Berkens defends RoadWatch.com domain name in UDRP - Complainant loses all three prongs of case. Michael Berkens, who runs the domain name blog TheDomains.com, has successfully defended one of his company’s domain names in a UDRP. Commercial Vehicle Group, Inc filed a UDRP against the RoadWatch.com domain name, a domain that Berkens’ Worldwide Media has owned for about a decade. The complainant failed to even pass the first prong of a UDRP, that the domain name is similar to a mark in which the complainant has rights. ... read more ...
 
Written by DomainNameWire in EN and tagged
Panel dismisses UDRP formed mostly on laches - Panelist questions why complainant waited 13 years to file a domain name dispute. A National Arbitration Forum panel has dismissed a UDRP case, and it seems that the main reason was that the case was brought 13 years after the domain name was registered. The case was brought by Galaxy Catering, Inc., aka Big Texan Steak Ranch over the domain name TheBigTexan.com. The respondent registered the domain name in 2000, and panelist Nathalie Dreyfus questioned why, if it ... read more ...
Wed 23rd October 2013
Written by The Domains in EN and tagged
16 Year Old Domain RelianceGroup.com Saved In UDRP - Reliance Telecom Limited of Mumbai, just lost a UDRP on the domain name RelianceGroup.com which was registered on September 21, 1997. The domain holder did not respond to the UDRP but won any way. Here are the relevant facts and findings by the one member panel: Reliance uses the domain name relianceadagroup.com for its main website but owns some 500 domain names with the word Reliance in the domain. The Complainant is an Indian corporation with its principal office in Mumbai, India. The Complainant ... read more ...
Tue 22nd October 2013
Written by The Domains in EN and tagged
PPA Media Services / Ryan G Foo Loses 3 Separate UDRP’s In One Day & His 56th Overall - PPA Media Services / Ryan G Foo lost three separate UDRP decisions with three separate complainants all handed down yesterday. In the 1st case brought by Sirius XM Radio Inc., the domain at issue as the typo Sriusxm.com amazingly it took the trademark holder 7 years to being the UDRP: “Complainant argues that Respondent registered the sriusxm.com domain name on July 29, 2008, one day after the merger of Sirius Satellite Radio Inc. and XM Satellite Radio Inc” In the second case brought by fashion ... read more ...
 
Written by The Domains in EN and tagged
UDRP: FlowGuard.com Barred By Laches To Get 17 Year Old Domain Name Flow-Guard.com - CoorsTek, Inc. which owns the domain name FlowGuard.com lost its bid to grab the domain name flow-guard.com with the majority of the panel finding that the trademark holder waited to long and was barred by the doctrine of latches from making the complaint. FlowGuard.com was registered on March 24, 1998. Flow-Guard.com was registered on August 15th, 1996 The domain holder was represented by Ari Goldberger of ESQwire.com. Complainant is the owner of trademark registrations for FLOWGUARD and FLOWGUARD ... read more ...
Mon 21st October 2013
Written by The Domains in EN and tagged
DrugMaker Loses UDRP On Domain Name Diet-Xenical.com - Drug manufacturer Hoffmann-La Roche just lost a UDRP on the domain name diet-xenical.com. Its a pretty amazing decision considering that Xenical is  a trademark term for a diet drug, the domain holder didn’t even response to the complaint and the domain resolves to a website that advertises Generic Xenical for sale. Here are the relevant findings from the one member panel: The disputed domain name is identical to the Complainant’s trademark except for the prefix “diet-“. It is well established, ... read more ...
Thu 17th October 2013
Written by The Domains in EN and tagged
Apple Wins Control Of 11 Domains: Macbook7.com; Findmyipad.com; Jailbreakmyipad.com - A WIPO UDRP panel awarded Apple Computers 11 domain names. Some of the domains awarded today deal with products of Apple and some are just typos. Here is a list of the 11 domain names: apole.com findmyipad.com freeiphonesoft.com hackmyipod.com ipa-iphone.net iphonefc.com iphonelyrics.com ipodcleaner.com ipodtouch5.com jailbreakmyipad.com macbook7.com Google+Michael Berkens ... read more ...
Tue 15th October 2013
Written by DomainNameWire in EN and tagged
15 year aged domain mislaid in UDRP since “renewed in bad faith” - Panel uses 2012 renewal date as basis for transferring domain name. A National Arbitration Forum panel has ordered the domain name Big5.com be transferred 15 years after it was registered, basing UDRP principles on the last date the domain name was renewed. The respondent in this case, Roy Fang, registered the domain name shortly after the complainant, Big 5 Corp., registered its inferior big5sportinggoods.com domain name. Fang actually got trademark rights to Big5.com ... read more ...
Mon 14th October 2013
Written by The Domains in EN and tagged
NationwideLifts.com Saved in UDRP Which Should Have Been A RDNH - S H Enterprises, Inc. DBA Nationwide Lifts of New York, New York, just lost a UDRP on the very generic domain name nationwidelifts.com S H’s site is at elevette.com which they registered in 2003 and which I’m sure all domain investors would agree is a horrible domain. S H has trademarks on the term NATIONWIDE LIFTS:  registered on June 14, 2005, with a filing date of August 18, 2004 and one registered on June 5, 2012 The domain holder which is in the same business as S H selling elevators ... read more ...
Fri 11th October 2013
Written by The Domains in EN and tagged
Spy Optic, Inc. Guilty Of Reverse Domain Name Hijacking On SpyOpticsOutlet.com - In A one member UDRP decision Spy Optic, Inc. of Carlsbad, California, United States of America, represented by the law firm Stetina Brunda Garred Brucker has been found guilty Reverse Domain Name Hijacking (RDNH) on SpyOpticsOutlet.com. The panelist, Richard G. Lyon, took the complainant and its council “out to the wood shed”  over the complainant in which it cut and pasted language from another UDRP filing on another domain name SpyOpticsOutlet.org, owned by another person, into this complaint. The ... read more ...
 
Written by DomainNameWire in EN and tagged
True Religion loses domain dispute, though we need to review a dissent - Donahey should certainly know better, but continues to ignore the history of the UDRP, which was intended for a narrow class of clear-cut cases using an expedited and relatively informal procedure, as opposed to the rigorous requirements of real courts. The reason why the UDRP was intended for that narrow class of cases was that the relief sought from the UDRP is extraordinary, namely the transfer of the domain name itself. Donahey is blind to the actual historical documents, which ... read more ...
Thu 10th October 2013
Written by The Domains in EN and tagged
After 12 Years & Over 70 UDRP’s Sony Finally Gets Around To Filing A UDRP On SonyStore.com - Sony has over 35  retail stores in the United States which sell just Sony Products and they are called Sony Stores. The official website for the stores is store.sony.com. So its pretty mind blowing to see that it took Sony over 12 years to file a UDRP on this direct match .com domain of its actual Brick and Mortar stores. The domain name was registered in 2001 and owned by a company in the Caymans until 2008 when it was purchased by someone in China. By the end of 2012 the domain was controlled ... read more ...
Wed 9th October 2013
Written by The Domains in EN and tagged
In A UDRP With Wide Implications In New gTLD’s Domains, Panel Awards Tes.co to Tesco - In a very interesting case having implication for the new gTLD’s domain names,  Tesco Stores Limited of Cheshunt, Hertfordshire, UK was just awarded the domain name Tes.co on the basis of having a trademark on the term Tesco. The panel combined the left and right of the dot in the domain name to come to the conclusion that the trademark owner of Tesco was entitled to the domain. Tesco owns the domain names Tesco.com and Tesco.co.uk. Of course this type of analysis had wide implication for new ... read more ...
 
Written by The Domains in EN and tagged
Scott Day Gets Hit With UDRP On 16 Year Old GoldCoast.com By Owners Of VisitGoldCoast.com - This is certainly a UDRP that will be put up on the HallofShame.com watch list. It appears the Mr. Day has owned this domain since 1997 or 16 years. Gold Coast is a common Geographical term referring to all these areas according to Wikipedia.org: Asia Hong Kong Gold Coast, Castle Peak Bay, Tuen Mun district, Hong Kong Australia Gold Coast, Queensland, Australia Gold Coast City, local government area spanning the Gold Coast and surrounding areas Gold Coast Parklands Gold Coast Regional Botanic Gardens Europe Côte-d’Or, ... read more ...