Tag Archives: UDRP

Mon 15th July 2013
Written by DomainNameWire in EN and tagged
NAF panels reject UDRP claims on Rive.com, GoodTherapy.com and AspenHeights.com - Three domains, including a four letter .com, saved in UDRPs. National Arbitration Forum has published three recent decisions in favor of respondents. Although none of them resulted in findings of reverse domain name hijacking, some of the complaints had serious deficiencies. In Rive.com, the domain owner registered the domain 2004, well before the complainant had any rights in the mark. In the panelists’ words, the complainant also argued that since the respondent ... read more ...
Fri 12th July 2013
Written by DomainNameWire in EN and tagged
Overus.com box provides singular glance into UDRP complaint - Losing complainant posts all documents online, including price negotiations. When Domain Name Wire reports on UDRP decisions, usually all we have is the panelist’s write-up of the decision. This typically includes the panelist’s summary of each party’s case, but not the entire written complaint and response. In the case of Overus.com, which the respondent just won, the complainant actually posted the full complaint online — including evidence he submitted ... read more ...
Wed 10th July 2013
Written by The Domains in EN and tagged
UDRP Complainant Agrees To Buy Quirk.com For $85K; Backs Out: Now Loses UDRP - Quirk Productions, Inc. (“Complainant”), which owns QuirkBooks.com  lost its bid to grab the generic domain name Quirk.com The domain holder officially was TobyClements.com, LLC / Toby Clements but in fact the domain was owned by Michele Wilson d/b/a Exotic Design Group (“EDG”) since 2004, who was represented by John Berryhill. There is a lot of mud slinging between the parties and a lot of history including a $85,000 offer the Complainant made in 2011 and which was accepted by the domain ... read more ...
Thu 4th July 2013
Written by The Domains in EN and tagged
Facebook Files UDRP For Fäcebook.org & 19 More Domains - Facebook filed a UDRP yesterday for 20 domain names including an IDN,  Fäcebook.org with WIPO. Other gems on the list include the very dangerous FacebookAteMyBabt.com FacebookVacation.com (a great name for the next Chevy Chase movie IMHO) next and the preverbal double dipper domain, one which infringes as two Trademarks by two different companies, myspace-facebook.com Here is the full list: Google+Michael Berkens ... read more ...
Tue 2nd July 2013
Written by The Domains in EN and tagged
Trademark hilt Since 1997 Loses UDRP To Domain “Registered on Aug 23, 2013″ - In a decision sure to drive the trademark groups crazy, a one member UDRP panel reject the trademark holders claim to the domain name Segis.com The panel held for the domain holder, despite the complainant having bang on trademark registrations going back as far as 2007. The panel says the Respondent is a college graduate in Republic of Korea and that the disputed domain name was created on August 23, 2013 which of course is impossible since its only July 2, 2013. According to DomainTools.com the ... read more ...
Mon 1st July 2013
Written by The Domains in EN and tagged
Decision Is Published: Nintendo Loses UDRP on 10 Year Old Wiiu.com - The UDRP decision on the domain name Wiiu.com has been published by WIPO. It appears the three member panel was very close to  find Reverse Domain Name Hijacking (RDNH)  had the domain not been owned under privacy. The domain holder was represented by Steven Rinehart of Salt Lake City After all Nintendo didn’t file its trademark for Wii until two years after the domain name was registered and not until 2011 some 7 years after the domain name was registered, for the term Wii U. The domain name ... read more ...
 
Written by The Domains in EN and tagged
After Filing UDRP, Microsoft Gets Control of XboxUno.com - Microsoft gained control of the domain name XboxUno.com the Spanish version of its new Xbox One gaming system. The UDRP was withdrawn over the weekend and Microsoft is now the owner of the domain. Microsoft previously gained control of seven domain names all having the term Xbox One after the domain owner relinquished control over those domains after another UDRP was filed. The domain names Microsoft got in the previous UDRP were: xboxone.co xboxone.me xboxoneforum.net xboxonewiki.com xboxonehelp.com xboxonecheat.com xboxoneblog.com Microsoft ... read more ...
 
Written by DomainNameWire in EN and tagged
Nintendo loses domain brawl for WiiU.com domain name - Company fails to provide enough evidence to panel to convince it to hand over WiiU.com domain name. The World Intellectual Property Organization just posted the text of a decision finding against Nintendo in its bid to get the domain name WiiU.com. Nintendo argued that the respondent “registered” the domain on September 15, 2012. The respondent countered that it had actually registered it in 2004, and that although the registrant name changed multiple times, it ... read more ...
Sat 29th June 2013
Written by The Domains in EN and tagged
Palace.com 20 Year Old Domain, Saved in UDRP, But Why No RDNH? - Palace Sports Entertainment LLC of Auburn Hills, Michigan, lost its bid to grab the domain name Palace.com away from the domain holders Palace Enterprises, NV of New York, which was represented by David Lin of Lewis Lin, LLC. However the panel failed to find Reverse Domain Name Hijacking which it should have found in our opinion as all the elements were present.  A generic domain, a dictionary word,, the lack of a direct match trademark, lack of evidence of a common law mark, a 20 year old domain ... read more ...
Thu 27th June 2013
Written by The Domains in EN and tagged
Two Almost Identical Domains, Two UDRP’s, Two Opposite Decisions - Two UDRP decided days apart by the Czech Arbitration Court (CAC) on two very similar domains got completely results. Both UDRP’s were brought by the same Complainant BGL Group Limited which has a trademark on the term “COMPARETHEMARKET” In on case the panel held for the trademark holder in the other case the panel held for the domain holder. The domains are: COMPARE-THE-MARKET-CAR-INSURANCE.COM COMPARETHEMARKETCARINSURANCEUK.COM As you can see one domain has hyphens the other one does not but ... read more ...
Tue 25th June 2013
Written by The Domains in EN and tagged
6 Arbitration Providers Win 18 of 19 Arbitration Domains in One UDRP - Six Arbitration Panels brought a single UDRP seeking  19 domain names all owned by ICSID Lawyers, LLC and collectively won 18 of the domains. The Complainants are London Court of International Arbitration (LCIA) of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”); International Chamber of Commerce (ICC) of Paris, France; Singapore International Arbitration Centre (SIAC) of Singapore; Arbitration Institute of the Stockholm Chamber of Commerce (SCC) of Stockholm, ... read more ...
 
Written by DomainNameWire in EN and tagged
Web developer systematic to give domain name behind to client - Web developer trying to hold domain name as lien against unpaid bills. It’s something we see time and time again…a business lets a web developer register their domain name, and then refuses to give it back. In the case of a UDRP between Alaska Health Fair, Inc. and Chris Jacobson, there was an added twist: Alaska Health Fair transferred its existing domain name alaskahealthfair.org to Jacobson, apparently thinking this was required for him to perform services. According ... read more ...
Mon 24th June 2013
Written by The Domains in EN and tagged
IBM Loses UDRP On OpenPower.org Despite TM Being 5 Years Older Than The Domain - International Business Machines Corporation (IBM) just lost a UDRP in an attempted grab of the domain name OpenPower.org against White Label Energy GmbH The UDRP decision was originally published in German. Although IBM had a trademark on the term OPEN POWER which predated the domain name registration by some five years, the one member panel noted that IBM abandoned its Open Power product in 2006 and therefore found its was unlikely that the domain holder had the trademark in mind when it registered ... read more ...
 
Written by DomainNameWire in EN and tagged
WIPO row (grudgingly) denies UDRP for YahClick.com and YahLive.com - Both complainant and respondent have registered trademarks, so panelist determines UDRP not appropriate mechanism to decide case. WIPO panelist Torsten Bettinger has denied (pdf) a complaint filed against the domain names YahClick.com/.net and YahLive.com/.net. In doing so, Bettinger appreciated the limits of UDRP cases while noting that the respondent’s story was “highly improbable”. The case was field by Al Yah Satellite Communications Company and affiliated ... read more ...
Fri 21st June 2013
Written by The Domains in EN and tagged
BuyDomains.com Loses UDRP On 10 Tear Old Domain Name Frize.com - The Complainant Sumol+Compal Marcas, S.A. of Carnaxide, Portugal, just won a UDRP against BuyDomains.com on the domain name Frize.com This is actually the 2nd UDRP Buydomains.com lost this week, earlier this week they voluntarily handed over the domain name gamewinner.org but since it was a published UDRP decision is counts as a loss. Here are the relevant facts and findings by the three member panel: The Complainant is Sumol+Compal Marcas, S.A, a company incorporated in Portgual. The Complainant ... read more ...
Wed 19th June 2013
Written by DomainNameWire in EN and tagged
Man turns to courts to overturn terrible UDRP decision - The Alexander family asks court to overturn decision to transfer JustinAlexander.com. In 1999 Gary Alexander did something that was rather forward looking for the time: he registered his family members’ names as .com addresses. He registered his own name, GaryAlexander.com, domains for his sons, JustinAlexander.com and JaredAlexander.com, as well as one for his wife, DianeAlexander.com. Two years later a wedding dress designer called Justin Alexander started up. 14 ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP panelist uses common clarity for acronym domain names - Unfortunately her peers didn’t. It’s quite common for UDRPs to be filed against short domain names that can be acronyms for various businesses and organizations. These UDRP frequently target three and four letter domain names, which are often times valuable domains. A WIPO panel has just handed down a decision in the case of adac.net, finding that the domain should be transferred to the German company ADAC e.V.. The first thing you’ll notice is that ADAC e.V. ... read more ...
 
Written by DomainNameWire in EN and tagged
RDNH alert: Duplicitous exchange doom Digilove domain dispute - Electronic dance website guilty of reverse domain name hijacking after engaging in “duplicitous dealings”. I have to admit, I don’t expect much business or legal sense from a company that uses the domain name digi10ve.com for a site it calls “Digilove”… Ryan P. Boggs of the site Digi10ve.com filed a seven-sentence UDRP pleading with WIPO to try to wrestle the domain name Digilove.com away from Frank Schilling. The case was filed with the help of attorney ... read more ...
Tue 18th June 2013
Written by The Domains in EN and tagged
UDRP Roundup: Oprah Gets Control Over 2 Domains & Walmart Gets 53 Domains - There were several interesting UDRP  results today as Oprah Winfrey’s Harpo, Inc./Oprah’s Farm, LLC won a UDRP to the right to the domain names oprahsfarm.com and oprahsfarm.net The Euro Watergate Hotel Residences, LLC Watergate Holdings, LLC UDRP for the domain names  and watergatehotel.com and thewatergatehotel.com was terminated with the transfer of the domains to the lawfirm presumably representing the complainant Tucker Latifi LLP. Walmart gained control of 53 domain names in one UDRP: Google+Michael ... read more ...
Mon 17th June 2013
Written by The Domains in EN and tagged
Microsoft Gets Control of 7 XboxOne Domains & Files UDRP On Another - Microsoft got control of 7  Xbox One domain names after filing a UDRP with the National Arbitration Forum (NAF) a couple of weeks ago: Google+Michael Berkens ... read more ...
 
Written by DomainNameWire in EN and tagged
True Value exhibits bad values in domain name dispute - Hardware cooperative makes shaky claims in UDRP against webhosting company. I think the best way to start this UDRP analysis is with a couple screenshots. First, here’s a shot of hardware cooperative True Value’s web site: Now, here’s a screenshot for TrueValueWeb.com, which offers webhosting and internet technology services: True Value filed a UDRP against TrueValueWeb.com and made some head-scratching assertions. First, it claims that TrueValueWeb.com might ... read more ...
Thu 13th June 2013
Written by The Domains in EN and tagged
.Org Domain & Trademark Holder Denied UDRP On .Com - The domain name DegreeSearch.com was just saved in a UDRP brought by the holder of the .org version of the domain which also said they had a registered trademark on the term DegreeSearch.org Said is the operative word as the complainant did not provide proof of a registered trademark and the panel found the .org holder was not entitled to a common law mark The domain holder was represented by Zak Muscovitch Here are the relevant facts and findings: The disputed domain name was registered on April ... read more ...
Wed 12th June 2013
Written by The Domains in EN and tagged
Another Nicecar.com? UDRP Filed On GoodTherapy.com - A UDRP has just been filed on another descriptive generic domain name GoodTherapy.com It’s the type of domain name that reminds me of the NiceCar.com UDRP a descriptive two word domain that is used together in a very generic sense in normal language. The domain name is parked and is currently returning results for rehab centers and doctors. The domain name has been under privacy since at least 2007 until privacy was lifted in November 2012 only to be  recently placed back under privacy in March ... read more ...
 
Written by DomainNameWire in EN and tagged
Yu have one engaging UDRP… - The case for Yu.com was much more complicated than it should have been. All the facts of the UDRP for Yu.com point to an slam dunk, open-and-shut victory for the respondent. Yet getting to that determination – a win for the respondent – was apparently anything but simple. Michael has opined a bit on the case, and I’m going to share my analysis. First, let’s discuss how this was a dead-on-arrival case. The complainant, Two Way NV/SA, stated that it had plans ... read more ...
Tue 11th June 2013
Written by The Domains in EN and tagged
YU.Com Saved In One Of The Strangest & Longest UDRP Rulings Of All Time - We finally have a decision on the UDRP for the domain YU.com, as the majority of a three member UDRP panel rejected the claim of the Two Way NV/SA of Waregem, Belgium. We already know the UDRP Panel took what maybe the longest time to ever decide a URDP,  nearly six months since it was filed. Actually its one of the few things the panel may have agreed on as the decision starts off with this wording: “The decision has taken too long”. In what is certainly one of the strangest UDRP decisions ... read more ...