Tag Archives: UDRP

Thu 22nd October 2015
Written by The Domains in EN and tagged
Delta Airlines Loses UDRP To Grab Domain Delta.Tours - Delta Air Lines, Inc. just lost its bid to grab the new gTLD Delta.tours in a one member panel UDRP of Douglas M. Isenberg. The domain holder’s case was greatly helped because he registered four other .Tours domains on the same day. “”Complaint states that the Disputed Domain Name was registered on July 8, 2015, that “[w]ithout [Complainant’s] authorization, Respondent is likely intending to use the domain to divert Internet users seeking [Complainant’s] official website online to Respondent’s ... read more ...
 
Written by DomainNameWire in EN and tagged
Media Options' WI.com domain name save in UDRP - Complainant offered to buy the domain name for $400.00. Media Options has successfully defended a UDRP against its domain name WI.com, but the panel declined to find complainant Brian Fera of Germany guilty of reverse domain name hijacking. Domain name brokerage Media Options originally brokered the domain name on behalf of Masterlock. The company found a buyer toward the end of 2014 for $375,000. Media Options financed the deal, holding the domain name until the buyer made all payments. The buyer ... read more ...
Wed 21st October 2015
Written by The Domains in EN and tagged
After Offering $400, Brian Fera Loses UDRP To Grab Two Letter Domain Wi.com - Brian Fera of Heppenheim, Germany, just lost its attempt to grab the two letter .com domain name of Wi.com in a UDRP The domain is owned by Media Options S.A.who was represented by Greenberg Lieberman, LLC, The three member panel of Tony Willoughby, The Hon Neil Brown Q.C. and Thomas Hoeren rejected the Complainant argument that its trademark in the term WICOM entitled it to Wi.com but not because it failed the Identical or Confusingly Similar requirement of a UDRP. Actually this panel, and maybe ... read more ...
Sat 17th October 2015
Written by The Domains in EN and tagged
HopScotch.com Hit With UDRP By Owner of HopScotch.fr - This is a weird one for sure. A UDRP has been filed against the domain name Hopscotch.com The Complainant is listed as the Hopscotch Group, which is a french PR company whose website is on the domain name hopscotchgroupe.com The company also owns the domain Hopscotch.fr, but that domain isn’t even being forwarded to the company main website at hopscotchgroupe.com As you can see the word “groupe” in the company’s URL is spelled the “french way” with an “e” at the end. However according ... read more ...
Fri 16th October 2015
Written by The Domains in EN and tagged
2014 Final UDRP Stats From WIPO & NAF: 0.003% of All Domains Subject to A UDRP/URS - This week the WIPO published it stats for the cases it determine under Uniform Domain Name Dispute Resolution Policy (“UDRP”)  in 2014. Back in September the other major organization that hears UDRP and the only one to decide cases filed under the Uniform Rapid Suspension System (“URS”) the National Arbitration Forum (NAF) announced their stats for 2014. So now that we have the stats for both those organizations we can see what the case loads in terms of decisions in 2014 for UDRP and URS ... read more ...
 
Written by The Domains in EN and tagged
Unblock.com Saved In UDRP But Panelist Should Have Found Reverse Domain Hijacking - NetProtect, Inc. just lost its attempt to grab the domain name unblock.com in a UDRP in a silly case that should have resulted in a finding of Reverse Domain Name Hijacking (RDNH) but the panelist was IMHO lazy and decided just to throw out the case. Calvin A. Hamilton was the sole Panelist for the National Arbitration Forum (NAF) who rejected Complainant argument that it had acquired unregistered common law trademark rights. “In order to acquire rights in an unregistered trademark, Complainant ... read more ...
Thu 15th October 2015
Written by DomainNameWire in EN and tagged
University of Cambridge withdraws heading plea after UDRP loss - Tail between the legs. University of Cambridge has withdrawn a challenge to a trademark application for a Cambridge.com logo after losing a UDRP for the same domain name. As I reported earlier this week, a UDRP panel admonished the 800-year-old university for making some incorrect statements in a UDRP for Cambridge.com. It seems the UDRP and trademark opposition were filed as a way to get the domain name. Once the UDRP failed so miserably, the university backtracked. John Berryhill represented domain ... read more ...
Wed 14th October 2015
Written by The Domains in EN and tagged
Netflix Finally Wins A URS on Netflix.pics; The Difference?; The Domain Was Parked - Netflix finally won a Uniform Rapid Suspension (URS) case on the domain name Netflix.pics Netflix recently lost two URS cases on the domain names Netflix.news and Netflix.website. There were two difference between this case of Netflix.pics and the other two URS they lose One was the Examiner which in this case was Debrett Gordon Lyons. Unlike the other two cases where the domain names did not resolve with the domain holder claiming they were intending to launch sites on Netflix.news and Netflix.website, ... read more ...
Tue 13th October 2015
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WIPO Publishes 2014 UDRP Figures & 2015 YTD: 14% of WIPO’s 2015 Cases Are New gTLD's - The World Intellectual Property Organization (WIPO)  released it annual report yesterday for 2014 and Year to Date numbers through September 2015 for cases it decided under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) Cases filed ins 2014 were up only 2% from 2013,  with 2,634 cases being lodged by trademarks owners claiming abuse of their mark. Country-code top-level domains (ccTLDs) – accounted for 13% of all filings in 2014 with 71 national domain registries now designating ... read more ...
Mon 12th October 2015
Written by DomainNameWire in EN and tagged
University of Cambridge loses box opposite Cambridge.com - University “seriously misdescribed” website in attempt to win transfer of site. The University of Cambridge has lost a cybersquatting dispute against the owner of Cambridge.com. The panel found that the University and its lawyers Stobbs IP Limited also “seriously misdescribed” contents of the domain name owner’s website. Kirkland Holdings LLC bought the Cambridge.com domain name in 2010 for $85,000. It subsequently created a website for Cambridge, United States and Cambridge, UK on the ... read more ...
Sat 10th October 2015
Written by The Domains in EN and tagged
Better Pay Attention As ICANN Opens Up Comment Period For Changes To UDRP & URS - “The report makes it clear that UDRP reform is going to be on the table and well as the addition of NEW RPM meaning its possible that a new procedure in addition to The UDRP and the URS might be recommend. “The UDRP was created in 1999 to resolve disputes concerning disputes over entitlement to domain names registered at the second level of the DNS. It is an ICANN Consensus Policy that is applicable to all gTLDs, including those launching under the New gTLD Program. The uniform operation of ... read more ...
Fri 9th October 2015
Written by DomainNameWire in EN and tagged
Now this is a good UDRP panelist… - Panelist spends a few extra minutes to avoid an injustice. A UDRP panelist who doesn’t take the easy way out in a case where the respondent doesn’t reply? Meet Nick J. Gardner. Gardner decided a recent case in which German company MAGIX Software GmbH filed a UDRP against the U.S. owner of MusicMaker.com. The domain name was registered in 1996. Given that it was so long ago, the whois lists the owner as The Music Connection, and Music Maker is a descriptive term, Gardner decided to do some basic ... read more ...
Mon 5th October 2015
Written by The Domains in EN and tagged
After 13 Years Luxury Jewelry Brand Chopard Gets HappyDiamonds.com - Chopard International just won control of the domain name HappyDiamonds.com which was registered on November 1, 2002. The domain is going to a parked page and I can tell you as a buyer of Chopard Jewelry the term Happy Diamonds is a major brand for the company and they have held a trademark on the term since 1979. The issue for me is how is it possible for a brand that sells VERY expensive jewelry allow someone to use a direct match domain for 13 years before deciding we should take some action ... read more ...
Fri 2nd October 2015
Written by The Domains in EN and tagged
Stolen Domain Name XAG.com Returned Via UDRP - Michael Evans and Chord Consulting Inc. d/b/a XAG (“Complainant”), represented by John Berryhill,just got the stolen domain name xag.com returned in a one member panel UDRP decision: John J. Upchurch found the Complainant has common law rights in the XAG mark through dating back to 2009 and found the domain holder registered and used the domain name in bad faith because it obtained the domain name through theft. “Complainant has provided evidence of previously owning the domain name in dispute, ... read more ...
 
Written by The Domains in EN and tagged
Three Letter Domain ABG.com Held By Brand Protection Company CSC Hit With UDRP - The three-letter domain name ABG.com has gotten hit with a UDRP. The domain name is being held under brand protection company CSC Corporate Domains, Inc on behalf of an unknown client The domain is not resolving at the moment. It appears the domain was sold in the past few days having been listed for sale at igloo.com It’s not uncommon for the big corporate brand protection companies like CSC or Mark Monitor to hold domains for their clients in their own name for a period of time. The company ... read more ...
Thu 1st October 2015
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BMW Wins The Right To The Domain B.MW in a UDRP - Bayerische Motoren Werke AG of Munich, Germany, (BMW) just won the rights to the domain hack b.mw in a UDRP decision. We wrote about the filing of the UDRP back in July 24th of this year, as .mw is a ccTLD (country code domain extension) This is another case where a panel looked at both of sides of the dot to grant trademark protection Here are the highlights: It is apparent to the Panel that the Respondent was aware of the Complainant’s distinctive and well-known BMW mark when registering the ... read more ...
 
Written by DomainNameWire in EN and tagged
BMW wins B.MW domain name cybersquatting case - Domain name owner had a plausible defense, but didn’t bother to respond to the allegations. Car company BMW has won rights to the domain name B.MW through a cybersquatting arbitration proceeding through World Intellectual Property Organization. .Mw domain names are country code domain name for Malawi. .Mw domain names use the same UDRP rules applicable to other domains, such as .com. BMW argued that the domain name registrant surely knew of the company, and that offering the domain name for sale ... read more ...
Wed 30th September 2015
Written by The Domains in EN and tagged
ibuystores.com Loses Bid To Grab iBuy.com in UDRP - IBUY Stores, Inc. of New York, just lost its bid to grab the domain name ibuy.com in a UDRP IBuy Stores owns the domain name ibuystores.com This case really should have gotten a Reverse Domain Name Hijacking ruling. The domain holder applied for a trademark in 2008, they bought the domain name in 2007 and the Complainant first filed its trademark in 2015 however the one member panel of David H. Bernstein did not even bring up the issue. Here are the highlights: Complainant is the owner of a United ... read more ...
Tue 29th September 2015
Written by The Domains in EN and tagged
Three Letter Domain Name TPP.Com Hit With UDRP - The domain name TPP.com has been hit with a UDRP The Complainant  is unknown  at the moment but the domain is owned on behalf of a client of MarkMonitor which generally means big corporate client and was owned earlier this year by Thomson Reuters Holdings Inc a client of MarkMonitor.com since at least 2005. There are at least 7 different trademarks for the world-famous term TPP in the USPTO going back to 1992. The UNITED STATES GOLF ASSOCIATION filed the 1st trademark in 1992 and then LOCKKHEED ... read more ...
Mon 28th September 2015
Written by DomainNameWire in EN and tagged
Blackjack.com: A singular RDNH in an "outside a scope" UDRP - Panel rules reverse domain name hijacking in Blackjack.com dispute. A three person National Arbitration Forum panel has found the complainants in a UDRP over Blackjack.com to have engaged in reverse domain name hijacking. You’re probably not surprised about an RDNH in a case for a million dollar generic like Blackjack.com. What is unique is that the panel also found the entire case outside the scope of the UDRP. Most of the time, when a panel comes to this determination, it doesn’t consider RDNH. ... read more ...
 
Written by The Domains in EN and tagged
One Direction Wins a Right to a Domain Name OneDirection.video - 1D Media Limited of London, just won control of the domain name OneDirection.video in a UDRP on behalf of one of the most famous pop bands in the world. The one member panel of Richard G. Lyon awarded the domain on a pretty easy case saying “that the term ONE DIRECTION has no sensible or reasonable meaning that does not relate to the Complainant or its activities.” The panelist found that The Complainant demonstrated bad faith in both registration and use of the disputed domain name which was ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP finds laches and that heading is also generic - Panelist questions why case was filed 16 years after domain was registered, and notes that the trademark is also generic. When is a trademark also generic? You probably didn’t know that the hardware chain True Value Company has a trademark on the term “Green Thumb”. It has a registered trademark on the term dating to 1987. I always thought the term meant someone who is good with gardening. I’m not alone, either. Apparently, in the same year of True Value’s trademark registration, a dictionary ... read more ...
 
Written by The Domains in EN and tagged
TripAdvisor.com Loses UDRP On a Domain Tripadvosor.com - TripAdvisor, brought a UDRP on two domain names, tripadvosor.com and trpadvisor.com and walked away winning one and losing the other David A. Einhorn as Panelist awarded the domain name Trpadvisor.com to TripAdvisor but refused to hand the domain name tripadvosor.com over to the company. The same person owned both domain name and didn’t bother filing an answer. CitzenHawk represented TripAdvisor. Tripadvosor.com was created on June 11, 2004 and tripadvisor.com was created on April 14, 2004. Here ... read more ...
Sat 26th September 2015
Written by The Domains in EN and tagged
20 year Old Bart.net Lost in UDRP to Owner of Bart.org & Bart.Gov - The San Francisco Bay Area Rapid Transit District (“Complainant”), which is known As BART and owns the domain Bart.org and Bart.gov, just won the rights to the domain name Bart.net The sole panelist Dennis A. Foster awarded that the domain name which was registered initially in 1995 and has been sold and resold by a number of entities until Respondent acquired the name in June 2015 where is now going to a non-resolving page. The panelist also took note that within days of acquiring the domain ... read more ...
 
Written by The Domains in EN and tagged
Blackjack.com UDRP Thrown Out With Reverse Domain Name Hijacking Ruling - Complainant Cary Pinkowski, Darren Little, and Joe Whitney (together the “Complainant”), which were represented by Eric Misterovich of Revision Legal, Michigan, USA, was just found guilty of Reverse Domain Name Hijacking on the domain name Blackjack.com The three member UDRP panel of Sandra J. Franklin, Dawn Osborne and The Honourable Neil Anthony Brown QC  quickly dismissed the complaint finding that the Complainants which previously owed a company, Hanger Holdings Limited, which previously ... read more ...