UDRP Filed On 12 Year Old Generic Domain Name Canary.com - A UDRP has been filed on the generic domain name Canary.com
According to DomainTools.com the domain name was create in 2001 by a Lin ZanSong of China who still seems to be the registrant.
The domain name does not currently resolve however there appears to have been a Chinese baby clothing site on the domain back in 2012 and the domain was parked in 2011 with most links going to topics related to birds.
The Complainant is not yet listed.
On the trademark front there are several trademarks filed on ... read more ...
Tag Archives: UDRP
Sun 15th September 2013
Thu 12th September 2013
Infiniti Retail Limited of Mumbai Guilty Of RDNH On 17 Year Old Domain Croma.com - Infiniti Retail Limited of Mumbai, India, represented by Anand Anand, India was just found guilty of Reverse Domain Name Hijacking.
We don’t need to bore you with the details.
The domain name was registered on October 3, 1996 some 17 years ago, for use in connection with a business called Croma Web Services which operated from or around February 1997.
This website subsequently became inactive around February 2011.
On the Issue of RDNH:
“The Panel finds as a fact that the Respondent registered ... read more ...
TM Holder Pay Thousands Of Dollars To Get ConsumentengidsOnline2013.com In UDRP - Trademark holders, god love them.
I still have a hard time understanding how large companies think, operate and spent their money when it comes to domain name and brand protection.
Today we have a company Consumentenbond of The Hague, who has a trademark on the term Consumentengids that went out and spent thousands of dollars in filing and attorney fees and won a UDRP on the domain name ConsumentengidsOnline2013.com.
“By registering the disputed domain name and using it to garner revenue via ... read more ...
Indian wiring tradesman Croma guilty of retreat domain name hijacking -
Croma went after a domain registered a decade before its existence.
Infiniti Retail Ltd., a TaTa company that runs the Indian electronics chain Croma, has been found guilty of reverse domain name hijacking.
The company, which operates at CromaRetail.com, filed a UDRP to get the domain name Croma.com.
It didn’t start using the Croma brand until 2006, which is a full decade after the owner of Croma.com registered the domain name. Croma.com had been in use to promote ... read more ...
Wed 11th September 2013
Trademark Loses UDRP On Direct Match Domain Bongrille.com Used As A “Sucks” Site - Deskan S/A of Nassau, the Bahamas, which owns a trademark to the term Bon Grille In Brazil lost a UDRP seeking 3 domain names including the direct match domain bongrille.com.
The other 2 domains sort in the UDRP were franquiabongrille.com and franquiabg.com
The domain bongrille.com is basically a ‘sucks” type of site and the panel engaged in a very interesting discussion of free speech and the use of a domain containing a trademark and is worth a read.
Here are the relevant findings and discussion ... read more ...
9 Year Old TeleFire.com Saved In UDRP Despite Seller Asking $70K - A Telefire Fire Gas Detectors Ltd. of Petach Tikva, Israel just lost a one member panel UDRP decision on the domain name Telefire.com in what in my opinion was a unnecessarily long opinion.
The Panelist basically calls out the Complainant attorney’s for doing a poor job of presenting the case and providing the panel with evidence that would have potentially changed the result and specifically for not using DomainTools.com to track ownership of the domain name over the years.
Here are the relevant ... read more ...
Tue 10th September 2013
UDRP Roundup: Enterprise Cars Gets Enterprise.tv; Philip Morris Gets MarlboroSucksBalls.com - A few UDRP decisions are out today worth noting.
Enterprise Rental Cars won a UDRP and the rights to the domain name Enterprise.tv
The domain name was registered in 2011, the domain was parked and the domain holder did not respond to the UDRP.
“The panel noted that the domain Enterprise.tv went to a pay-per-click website that hosts hyperlinks to websites of Complainant’s competitors in the car rental industry, to other third parties, as well as hyperlinks to the website of Complainant’s affiliate, ... read more ...
Sun 8th September 2013
UDRP Files On 11 Year Old Driveups.com; You Got To Watch Double Meanings -
United Parcel Service has filed a UDRP against the 11 year old domain name Driveups.com which is generic in nature, but actually has a double meaning.
While the term Drive up can refer to a any business that serves their “customers while they remain in their motor vehicles while being accommodated” like a fast food joint like Sonic or a bank’s drive up windown it can also mean someone who drives for United Parcel Service (UPS) in drive for UPS or UPS drivers which is what UPS is objecting ... read more ...
Fri 6th September 2013
American Airlines Files UDRP Over F Bomb Domain Name - American Airlines filed a UDRP on the domain name f*ckamericanairlines.com today with the National Arbitration Forum
While we are use to seeing companies going after “sucks” domains its pretty rare to see a company going after a domain containing the F bomb.
This appears to be only the 8th UDRP ever filed over a domain containing the F Bomb and only the 2nd since 2007.
By contrast there have been 107 UDRP filed over domains containing the word “sucks”.
The domain F*ckAmericanAirlines.com ... read more ...
Wed 4th September 2013
Share.TV and KeepSmart.com Hit With UDRP’s - Two generic domain names got hit with UDRP’s today
Share.tv which has a creation date of 2010 was hit with a UDRP.
While the complainant is not yet listed I’m going to guess its the owner of ShareTv.Org which says they have over 200,000 registered users.
According to Screenshots.com there hasn’t been much of the domain since 2010 when it was parked.
Another domain hit with a UDRP today is KeepSmart.com which is owned by a lawfirm.
KeepSmart.com is owned by Lawline.com, CLE Inc.
KeepSmartx.com ... read more ...
GongShow.com Lost In UDRP After Domain Holder Trys To Sell It For $18,000 - Gongshow Gear Inc. just won a UDRP on the domain name GongShow.com, after the domain holder asked for $18,000 to sell the domain.
Complainant contends it has rights in the GONGSHOW mark, used in connection with lifestyle hockey apparel. Complainant has rights in the GONGSHOW mark with the United States Patent Trademark Office (“USPTO”) (e.g., Reg. No. 3,400,170 registered March 18, 2008).
Complainant provides evidence of the fame of its GONGSHOW mark by providing exhibits of a Google search ... read more ...
ABC Liquors Gains Control Of 14 Year Old Domain ABCLiquors.com In UDRP - ABC Liquors, Inc. of Florida, just won a UDRP on the domain name abcliquor.com.
Its an interesting case, although living in Florida I know ABC Liquor to be the largest chain of Liquor stores in the state, however also having a house in North Carolina I know all the liquor stores in many states are run by the state, rather than privately and referred to as ABC stores (Alcohol and Beverage Commission)
Complainant is the owner of the active United States Patent and Trademark Office (“USPTO”) registration ... read more ...
Fox Gains Control of 22 Domains Related To Fox Sports 1, Including Foxsport1.com, FoxSports1.Tv - Fox gained control of 22 domain names around its new network, Fox Sports 1 which just launched a few weeks ago through a UDRP.
As you can see from the list below there are some bang on domain names for this new network included in this list FoxSports1.TV, FoxSport1.com and Foxsportone.com
All the domain names were registered by a James Carter a/k/a JCI
Here are the domain names Fox Sports got today in the UDRP:
Foxsports1.tv
Google+Michael Berkens ... read more ...
Tue 3rd September 2013
FirstHotel.com Saved In UDRP: Domainer Also Owns CheapHotels.com & CheapRooms.com - First Hotels AS of Oslo, Norway just lost a UDRP on the domain name FirstHotel.com which is owned by Klaudia Kruzicevic of Split, Croatia, who was represented by ESQwire.com, P. C.
The three member panel basically found that the domain holder did not buy the domain FirstHotel.com in bad faith but in support of its Internet based travel business she and her deceased husband started in 1999 operating many travel related websites including Cheaprooms.com, Cheaphotel.com, and Cheaphotels.com.
“The ... read more ...
Vertical Axis Loses UDRP On 9 Year Old ParisOpera.com and 7 Year Old OperaParis.com - Opera National de Paris of Paris, France, just gained control of ParisOpera.com and OperaParis against Vertical Axis Inc. which was represented byESQwire.com, P.C.
It was a majority decision with panelist Neil Brown filing a dissenting opinion longer than the actual opinion of the panel in which he found that the complaintant failed to meet any of the three required conditions for a UDRP.
The domains were awarded based off a trademark which is OPERA NATIONAL DE PARIS, which in the dissent found ... read more ...
Mon 2nd September 2013
Core Diagnostics of Gurgaon India, Guilty Of Reverse Domain Name Hijacking - Core Diagnostics of Gurgaon, India has just been found guilty of Reverse Domain Name Hijacking (RDNH) on the UDRP it filed on the domain name corediagnostics.com by a one member WIPO panel.
Core Diangostics was represented by in-house council.
Here are the relevant facts and findings by the one member panel:
The Complainant first started business in 2011.
It registered its trademarks in 2012.
The Respondent registered the disputed domain name in 2001 and has been using it since then to promote various ... read more ...
Owner of Corediagnostics.in Guilty of Reverse Domain Name Hijacking -
M/s. Core Diagnostics filed UDRP against domain name registered a decade before it was founded.
World Intellectual Property Organization panelist Richard Hill has found M/s. Core Diagnostics, owner of CoreDiagnostics.in, guilty of attempting reverse domain name hijacking.
The Indian company started its business in 2011 and registered its trademarks in 2012.
Still, it filed a UDRP against the owner of corediagnostics.com, who registered the domain name in 2001. The ... read more ...
Sun 1st September 2013
Was Whistles.com Quietly Lost IN A UDRP? Case Is Terminated & Complaintant Now Owns a Domain -
A UDRP was filed on the generic domain name Whistles.com a couple of months ago and today the proceeding is showing as being “terminated”.
The complainant in the UDRP was Whistles Limited of London. who according to the updated whois records just obtained control of the domain.
The previous owner was a iGenesis Limited of Hong Kong.
The domain name according to screenshots was parked with results mostly for women’s gowns, dresses and clothing which happens to be the business of Whistles ... read more ...
Fri 30th August 2013
The Limited Loses UDRP On LimitedCoupon.com - Limited Stores, LLC which operate the Limited Stores, just lost a UDRP on the domain name limitedcoupon.com despite the fact that the domain holder did not file a response.
Here are the relevant findings from the one member panel:
The Complainant’s allegations of bad faith are all said to be on the basis of “upon information and belief”.
What information and by whom was it provided?
The Complaint does not say.
In fact, on this topic the Complaint is remarkably short of information. “Upon ... read more ...
15 Year Old RadioAmerica.com Lost In UDRP To RadioAmerica.org - American Studies Center d/b/a Radio America just won a UDRP on the domain name RadioAmerica.com which was owned by Jet Stream Enterprises Limited.
The panel found the complainant had a common law a trademark on the term going back to 1985 when Radio America started broadcasting.
In 1996 the Complainant registered RadioAmerica.org
In 1998 the domain holder registered RadioAmerica.com
Here are the relevant findings on the one member panel:
Complainant owns common law rights in the RADIO AMERICA ... read more ...
For The Limited, “The” comes behind to haunt it in another domain case -
The brand is The Limited, not Limited.
There were many reasons that new TLD applicant Donuts prevailed in a legal rights objection filed by fashion retailer Limited over .limited.
One of those was that “The” is a big part of the The Limited brand. “The Limited” does not equal “Limited”.
This topic has come up again in a UDRP that Limited Stores filed against the owner of LimitedCoupon.com.
In determining if LimitedCoupon.com is confusingly similar to a ... read more ...
Thu 29th August 2013
Vertical Axis Beats Back UDRP On Generic Parajumpers.com By Owner Of Parajumpers.it - PJS International SA of Luxembourg just lost its bid to grab the generic domain name Parajumpers.com which is owned by Vertical Axis who was represented by Esquire.com
The three member panel failed to find Reverse Domain Name Hijacking although the domain name Parajumpers.com was registered 4 years before the trademark was granted and 3 years before the complainant even registered its own domain name.
Here are the relevant facts and finding by the Panel:
The trademark PARAJUMPERS has been registered ... read more ...
Wed 21st August 2013
Seiko wins UDRP for 138 domains opposite 106 “respondents” -
Panel consolidates claim on basis that 106 respondents are actually just one group.
Watchmaker Seiko has won a UDRP covering 138 domain names that include “seiko” in them.
The number of domain names would make this case interesting enough. Making it more interesting is that there are technically 106 respondents to the UDRP.
UDRP’s can only be filed against a single domain name owner. Multiple owners can’t be consolidated into one case. But Seiko argued that ... read more ...
Mon 19th August 2013
Car Maker Land Rover Found Guilty Of Reverse Domain Name Hijacking - The car maker Jaguar/Land Rover Has been found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name MountainRovers.com.
The domain name was owned and used by the domain holder since 1998.
The domain name holder did not file a response to the UDRP
Not only did the one person National Arbitration Forum panel find that Land Rover guilty of RDNH it found that claim was barred by the legal doctrine of Laches.
The one man panel said:
“Complainant was a little too glib in its submission ... read more ...
Land Rover found guilty of RDNH in sardonic cybersquatting decision -
Panelist rips apart Land Rover.
Land Rover has been found guilty of reverse domain name hijacking in a UDRP case it brought against a Montana dealer of old school Land Rovers that uses the domain MountainRovers.com.
This is despite the car dealer not responding to the UDRP. Even more noteworthy is the scathing critique panelist Houston Putnam Lowry had for Land Rover.
Lowry determined that Land Rover didn’t meet any of the three necessary requirements to win a ... read more ...