Canadian justice orders association compensate costs over prejudicial domain claim -
George Kirikos gets big court victory; judge orders defendant pay costs.
A Canadian court has ordered Micys Company pay $4,512.45 to George Kirikos’(Leap of Faith Financial Services Inc stemming from a UDRP it filed against the domain name Pupa.com.
Micys filed a UDRP against Pupa.com last year with World Intellectual Property Forum. Micys runs the site Pupa.it, where it sells cosmetics and fashion accessories.
Kirikos decided to sue Micys in Canadian court, which ... read more ...
Tag Archives: UDRP
Mon 8th April 2013
California seat seller files fit over UrbanHome.com -
Second lawsuit filed after UDRP decision.
The legal expenses are mounting on this one.
Urban Home, the California furniture maker that filed a UDRP on UrbanHome.com, has now filed a federal lawsuit in California to try to get the domain name.
The suit is in response to UrbanHome.com’s owner, Technology Online, filing suit in Nevada to halt the transfer of the domain name.
The WIPO panel found in favor of Urban Home. Technology Online decided to sue to stop the transfer.
I’m ... read more ...
Fri 5th April 2013
Dr. Dre’s Beats Electronics Files UDRP On Beats.co Against Innovation HQ - Beats Electronics, Inc. best know for the Dr. Dre Beats Headphone products known as Beats By Dre just filed a UDRP on the domain name Beats.com
The company official website is beatsbydre.com
The domain name, Beats.co is owned by Innovation HQ, Inc. and goes to a parked page with music related links but noting directly related to headphones of Dr. Dre’s products.
Interestingly the domain name Beats.com also goes to a parked page, but interestingly Dr. Dre’s Beats Electronics filed the UDRP against ... read more ...
Thu 4th April 2013
Ticket-Network.com UDRP Rejected A Week After TicketNetworks.com Lost In UDRP - Ticket Software, LLC of South Windsor, Connecticut, just lost a UDRP on the domain name ticket-network.com a week after another UDRP panel ordered the domain name TicketNetworks.com transferred to the same company
Here the domain holder didn’t even respond.
The difference in the TicketNetworks.com case the domain was registered in 2010 well after the Trademark.
Here the domain was registered in 2001 before the trademark
Here are the relevant facts and findings of the one member panel:
“The Complainant ... read more ...
Wed 3rd April 2013
Marchex Gets Hit With UDRP on WebAnywhere.com - A UDRP has just been filed against Marchex Sales, LLC on the domain name WebAnywhere.com
The domain name has been owned by Marchex since at least 2008.
There is a trademark filed with the USPTO in February 2010 for the term Webanywhere by a Delaware company by the name of WebAnywhere, Inc. which was granted in Feburary 2011 for “website design for others, namely, educational institutions and business entities; providing computer programming services for others, namely, educational institutions ... read more ...
Tue 2nd April 2013
Horrible UDRP Ruling; No Trademark; No Bad Faith & No RDNH On 14 Year Old Domain RT.org - A one person UDRP panel rejected the attempt of the The Restored Church of God of Wadsworth, Ohio, to steal the domain name RT.org from Alexa Properties, LLC of Las Vegas, Nevada.
But the bigger story is the panel failed to find Reverse Domain Name Hijacking (RDNH) despite the panelist couldn’t even attempt to utter the grounds for which she did not issue a RDNH finding.
For one the complainant didn’t have a registered trademark, but alleged a common law trademark to the term “RT”
Second ... read more ...
Tracy Morgan wins domain name dispute -
Comedian Tracy Morgan can now tell jokes at TracyMorgan.com.
A WIPO panel has ordered the domain TracyMorgan.com be transferred to the comedian. (Photo: David Shankbone)Comedian Tracy Morgan laughs about a lot of stuff, but not about how he didn’t own the domain TracyMorgan.com.
In January I wrote about how the 30 Rock star had filed a UDRP against the owner of TracyMorgan.com. At the time, the parked page on the domain included links such as “Tracy Morgan Comedian”, ... read more ...
Mon 1st April 2013
Freshlook.com Purchased For $3,500 In SnapNames Auction In Feb Lost In UDRP - Freshlook.com a domain bought at a SnapNames.com drop auction for over $3,500 in Feburary has just been lost in a UDRP.
The UDRP, which we wrote about when it was first filed two weeks after the end of the auction was decided by a one person panel from the National Arbitration Forum (NAF)
The domain was still in the name of the registrar Endurance International Group when the UDRP was filed so its not clear if the winner of the auction paid for the domain.
I can tell you that Endurance International ... read more ...
Fri 29th March 2013
UDRP Panel Gives 30 Rock/SNL Star Tracy Morgan Control Of TracyMorgan.com - A World Intellectual Property Organization (WIPO) UDRP panel just awarded the domain name TracyMorgan.com to 30 Rock and former SNL star, Tracy Morgan.
Tracy Morgan’s official site is currently TracyMorgan.net
According to DomainTools.com, the domain name has an original registration date of 2001.
The domain is owned by PPA Media Services and Ryan G Foo
Now that the ruling is out here are the relevant facts and findings:
“The Complainant is Tracy Morgan, an individual with a contact address in ... read more ...
WIPO: UDRP 2012: Complainants Win 91%; Parties Settle 20% of Cases - Here are UDRP stats of cases filed under WIPO in 2012:
Trademark holders filed a record 2,884 cybersquatting cases covering 5,084 Internet domain names with the WIPO Center under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP). This represents an increase of 4.5% over the record established in 2011.
Since the UDRP’s launch in December 1999, the WIPO Center has received over 25,500 UDRP based cases, covering some 47,000 domain names in both generic and country code Top ... read more ...
Thu 28th March 2013
Add Edward Smith To The Reverse Domain Hijacking List - A three member UDRP panel has found Edward Smith of Riverside California, Guilty of Reverse Domain Name Hijacking (RDNH) in the attempt grab of the domain name Joopa.com
Mr. Smith, who just filed for a trademark on the term Joopa on March 2011, which was granted in December 2012, tried to use the trademark to grab the domain name Joopa.com which was registered some 12 years earlier on January 25, 2000.
The three member panel stated in part:
“In the instant action, the Complainant has not established ... read more ...
After Offering To Buy Domain For $15K, 6 Years Ago TM Holder Loses UDRP - Zija International, Inc. of Utah just lost its UDRP bid to get control of the domain name zija.com, a domain it repeatedly tried to buy from the domain holder for $15,000 since 2006.
Yes way back in 2006 after a series of letters back and forth, the domain holder refused to sell the domain name for $15,000 or even or counter with a selling price.
Fast forward 6 years later and the trademark holder files a UDRP and now loses the UDRP.
Here are the facts and findings by the three member panel:
The ... read more ...
MLM association denied Zija.com domain in dispute -
Company was founded two years after domain registered.
Zija International, a multi-level marketing company that sells nutritional and dietary supplements, has failed to get the domain name Zija.com through a UDRP.
The registrant of the domain name registered it in 2002, two years before Zija even existed.
He then used the domain name to forward to one of his web sites until 2006, which Zija threatened legal action against him. At that time, the respondent stopped ... read more ...
California male guilty of retreat domain name hijacking -
Sorry, you can’t just take a domain because you have a business plan for it.
A California man starting a business called Joopa has been found guilty of attempted reverse domain name hijacking.
Edward Smith attempted to purchase the domain name Joopa.com for a new business (which is currently online at Joopa.tv). He first offered $500, and then upped his offer to $2,600. The domain owner wanted much more.
According to the domain owner, it was after Smith was originally ... read more ...
Mon 25th March 2013
UDRP Filed On GVP.com - A UDRP has just been filed on the domain name GVP.com
Instead of attempted grab which might lead to a finding of Reverse Domain Name Hijacking it looks like it might be a attempted recovery of a stolen domain name.
The domain was owned by Global Village Publishing until late December 2012.
Since then the domain whois has changed a few times all to persons in China and the domain name does not currently resolve.
The domain is registered through ENAME TECHNOLOGY CO., LTD.
If it is the case of a stolen ... read more ...
Palace.com Hit With A UDRP BY Palace Sports, Home Of The Detroit Pistons - The domain name Palace.com has just been hit with a UDRP
The case was filed by at the World Intellectual Property Organization (WIPO)
Palace Sports Entertainment LLC whose site it at palacenet.com
The Palace Operates three venues in the around the Detroit area including the home of the Detroit Pistons The Palace of Auburn Hills.
Palace Sports Entertainment also operate the DTE Energy Music Theatre and theMeadow Brook Music Festival
The domain name Palace.com is owned by Palace Enterprises, of ... read more ...
Sat 23rd March 2013
Guest Post: Tom Barrett: ICANN Expands Trademark Claims Do a Ends Justify a Means? - This is a guest post by Tom Barrett who is the founder of EnCirca, an ICANN Registrar, and TM.Biz, a brand protection platform and TM.Biz provided trademark validation services for the .XXX and .PW TLD’s and will be offering pre-validation services for users of the Trademark Clearinghouse.
We do have comments at the end of the piece but Tom’s post is unedited:
“Under the guise of implementation, ICANN has announced that Trademark Claims will be expanded to include confusingly similar strings ... read more ...
Fri 22nd March 2013
UDRP Panel Rejects Claim On Typo’s Of TireChian.com and TireChians.com - South Fork Hardware, Inc., DBA TireChain.com Lost a UDRP decision today on the typo’s on tirechian.com and tirechians.com
Complainant has used TIRECHAIN.COM and TIRECHAINS.COM (“the asserted Marks”) since 1998. It uses the TIRECHAIN.COM Mark in connection with anti-skid chains for vehicle tires; anti-skid chains for vehicles; chains for motor cars; land vehicle parts, namely, tire chains; and land vehicle parts, namely, tire snow chains.
Complainant has a Pennsylvania state trademark registration ... read more ...
Watergate Holdings Files A UDRP On TheWatergateHotel.com & WatergateHotel.com -
Euro Watergate Hotel Residences, LLC Watergate Holdings, LLC, filed a UDRP on the domain names TheWatergateHotel.com and WaterGateHotel.com with the World Intellectual Property Organization (WIPO)
Of course Watergate is the “home of the political scandal that occurred in the United States in the 1970s as a result of the June 1972 break-in at the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon ... read more ...
Thu 21st March 2013
WIPO UDRP Panel Finds Reverse Domain Hijacking On Adjudicate.org.au - Add Adjudicate Today Pty Limited of Mona Vale, of New South Wales, Australia to the list of those found guilty of Reverse Domain Name Hijacking (RDNH) on the domain name adjudicate.org.au
The company claimed a common law right to the term “Adjudicate Today” and somehow tried to get the one word domain name Adjudicate.org.au based off that common law right.
Here is what the one member panel found:
“On its own case, the Complainant does not have any registered trade marks for ADJUDICATE or ADJUDICATE ... read more ...
Wed 20th March 2013
SexyJobs.Biz Gets Hits With A UDRP & The Complainant Has A Trademark - Certainly not a landmark case but someone just filed a UDRP on the domain name SexyJobs.biz
Infonet Media Group, Inc, applied for a trademark on the term “sexy jobs” in January 2012 which was issued less than a month ago on February 26th 2013.
Infonet seems to own SexyJobs.com according to the site.
The domain sexyjobs.biz was first registered back in 2008.
We will keep you updated on it.
Google+Michael Berkens ... read more ...
Tue 19th March 2013
For The 3rd Time In a Week, Complainant To UDRP Found To Be Fudging The Facts - A one member UDRP panel today rejected the claim of Diamond Resorts Holdings, LLC which was seeking 15 domain names.
For the third time in a week, the panel questioned the accuracy of the information the complainant presented to the panel:
“While the Panel is not in a position on the submitted to assess the credibility of either side to determine who is or is not telling the truth, some of the documentary materials provided by the parties suggest that Complainant’s description of the facts may ... read more ...
UDRP’s: Jimmy Choo Gets Control Over 64 Donain: Tumblr, Inc. Gets Tumbr.com - A few cases in the UDRP world with pointing out.
A one member WIPO UDRP panel gave control over 64 domain names to Jimmy Choo.
Almost none of the domains were typo’s but domains that include the brand name with other logical words, like jimmychoobigsale.com/.net/.org arguably domains the company should have taken defensive registrations on to being with.
Here is the list:
Google+Michael Berkens ... read more ...
Mon 18th March 2013
Deluxe.org Changes Hands After UDRP Is Filed - We noted back in November of 2012 that the domain name Deluxe.org had been hit with a UDRP filing.
Today we noticed that the ownership of the domain name has changed hands and the UDRP was withdrawn.
The previous owner was The Tidewinds Group, Inc of MA and the domain name is currently owned by Deluxe Enterprise Operations Inc of Mn. and is forwarded to Deluxe.com.
Deluxe.com is probably best known as a check printing company.
Since the UDRP was withdrawn we don’t know if the previous owner just ... read more ...
Sat 16th March 2013
Another Misrepresenting Complainant In A UDRP On FileSense.com - Another UDRP panel has found that a complainant made a material misrepresentation in a UDRP.
In this case the complainant FileSense, Inc. was found by the panel to misrepresent that it had a federally registered US trademark on the term File Sense which it did not and that the trademark was use by the complainant back in 2011 and the complainant was incorporated until 2012.
The Honourable Neil Anthony Brown QC which comprised the one member panel, noted the complainant simply filed for a trademark ... read more ...