Twitter.org; Roomtogo.com Hit With UDRP: GM Wins MyGm.com After Losing MyCadillac.com - A busy sunday morning in the UDRP world with complainants filed by Twitter.org by Twitter.com Rooms to Go over the domain name RoomtoGo.com and a decision handed down this time in favor of General Motors over another “My” domain.
Twitter filed its UDRP against the domain name Twitter.org which was registered back in 2005 and according to Screenshot was a parking page as far back as 2006.
The page now goes to a “you’re a winner take a short survey page” which maybe more offensive to trademark ... read more ...
Tag Archives: UDRP
Sun 13th January 2013
Wed 9th January 2013
Marchex is Hit With Another UDRP; This Time On uHealth.com - Marchex (MCHX) has been hit with its 11th UDRP since 2011.
This time the domain at issue is uHealth.com
The complainant is not listed but the domain name YouHealth.com is under management at CSC Corporate Domains Inc.
The domain YouHealth.com has a creation date of 2000.
The domain uHealth.com appears to have a creation date of 2002 and appears to have been another one of those domain names acquired by Marchex in the Ultrasearch portfolio
On the trademark front the term uHealth has a trademark dated ... read more ...
Tue 8th January 2013
Marchex & Berryhill Win Another UDRP This Time On Guarani.com - The Complainant Guarani S.A. of Sao Paolo, Brazil brought this UDRP against Marchex Sales, Inc, who as usual was represented by John Berryhill, Ph.D. Esq. on the domain name guarani.com
The three member panel found that the domain which is a generic dictionary word which, among other things, refers to a South American ethnological group, a group of languages and dialects spoken by that group and has been the name of the official currency of Paraguay since 1943, coupled with the fact that the trademark ... read more ...
Despite TM Going Back To 1998 & Parked Page UDRP Rejected on In-Case.com - The Complainant Incase Designs Corp. of Chino, California, lost a UDRP to get the domain name In-Case.com, despite the fact that complainant had a trademark in the US dating back to 1998 and that the domain holder was parking the domain.
The case seemed to turn on the fact that the term although trademarked was generic, the domain holder owned many other domin names starting with the word “in” and that the landing page showed local results when it was viewed from different countries, China ... read more ...
Mon 7th January 2013
Despite Attempted Sale For $57K, General Motors Loses UDRP Bid To Get MyCadillac.com - General Motors just lost a UDRP on the domain name mycadillac.com desipte the domain holder offering to sell the domain to GM for as much as almost $57,000
Here is what the domain holder contended:
-The Disputed Domain Name is not confusingly similar to the CADILLAC Trademark because “[t]he only similarity that I can find between my domain name and the Complainant’s is the last name of Antoine de la Mothe Cadillac, the founder of Detroit, and ultimately who the City of Cadillac, Michigan, was ... read more ...
Sun 6th January 2013
After Filing Over 500 UDRP’s & 15 Years, Lego Finally Wins Rights To Lego.net - Anyone who follows UDRP files will tell you that the toy maker Lego is one of the most prolific filers of UDRP’s
I count over 500 UDRP’s on domain names filed containing the term “lego” and many cases contain more than one domain.
However despite all the filings and wins by the toy maker the it has finally won a UDRP on the bang on matching domain of its trademark Lego.net.
The domain name has an original filing date of 1997.
The WIPO case is number D2012-2133 and has a decision date of December ... read more ...
UDRP Filed On Generic kinder-chocolate.com By Owner Of kinderchocolate.com Which Doesn’t Resolve - A UDRP has just been filed by Ferrero S.p.A. on the Generic domain name kinder-chocolate.com
If you don’t know “kinder” is German for “children”.
Here is the interesting part, the same company owns the domain name kinderchocolate.com which they just registered in August 2012.
The domain name kinder-chocolate.com was registered back in 2009.
The domain kinderchocolate.com which is owned by the company that just filed the UDRP doesn’t even resolve.
It takes a lot of nerve to file a UDRP ... read more ...
Fri 4th January 2013
Berryhill Gets Finding Of Reverse Domain Hijacking For Marchex On PetExpress.com - Marchex represented by John Berryhill got a finding of Reverse Domain Name Hijacking (RDNH) on the domain name petexpress.com, in what could be the longest complaint and certainly the longest response to a complaint I have ever read.
The domain name was acquired by Marchex back in 2004 as part of the $165 million dollar acquisition of Ultimate Search. The domain was registered in 2001 by Ultimate Search
The complaint was brought by Airpet Animal Transport, Inc which said it got a federally registered ... read more ...
Thu 3rd January 2013
SmartRecovery.com Lost In UDRP - A one member UDRP panel just awarded the domain name smartrecovery.com to the Complainant; Alcohol Drug Abuse Self-Help Network, Inc., d/b/a SMART
The domain owner did not submit a formal response.
The complainant owned a trademark on the term dated 1996.
The registration date of the domain name was not discussed by the panel.
Complainant is the owner of the SMART RECOVERY mark that it uses in providing its addiction related programs and services.
Complainant owns the SMART RECOVERY mark with the ... read more ...
WIPO perceived record series of cybersquatting cases in 2012 -
UDRP cases hit record at WIPO in 2012.
World Intellectual Property Organization received a record number of UDRP cases in 2012.
The organization’s web site reports 2,879 cases were filed in 2012, compared to 2,764 in 2011. The cases covered a total of 5,081 domain names.
That shouldn’t come as a big surprise. Filings in the first half of the year at both WIPO and rival National Arbitration Forum were up compared to 2011.
It’s worth noting that total filings ... read more ...
Thu 27th December 2012
Marchex & Berryhill Beat Back UDRP On Eurobaby.com - Liam Sutcliffe, Eurocycles Eurobaby and Eurotrek Group Limited of Dublin, Ireland (LIAM) brought a UDRP against Marchex (MCRX) who as always was represented by John Berryhill, Ph.d., Esq on the domain name Eurobaby.com
The problem with the case is that the complaint (LIAM) that claimed registered and common law trademarks basically did have either.
I don’t know if the domain holder asked for a finding of Reverse Domain Name Hijacking (RDNH) but it would seem to be applicable to the shabby case ... read more ...
Marchex defends EuroBaby.com opposite Irish company -
Company can keep domain acquired with UltSearch portfolio, panel rules.
Marchex has successfully defended the domain name EuroBaby.com in a URDP proceeding brought by an Irish company.
Eurocycles Eurobaby and Eurotrek Group Limited of Dublin, Ireland sell bikes and strollers. One of its brands, EuroBaby, sells strollers, car seats, baby furniture, and other baby goods.
Its site for EuroBaby is EuroBabyNursery.com, so it’s no wonder it wants the better EuroBaby.com ... read more ...
Sat 22nd December 2012
Domain Holder Beats Back UDRP On ManhattanCenter.com, Without An Attorney - A one member UDRP panel rejected the claim of Manhattan Center Studios, Inc. on the domain manhattancenter.com
The domain name is owned by James Lawson who won this UDRP without the representation of an attorney and almost got a finding of Reverse Domain Name Hijacking (RDNH), although we are not sure why the panel did not makes such a finding in this case
The domain holder acquired the domain name on a drop in 2004.
The panel denied the complaint that was brought on a common law trademark claim ... read more ...
Thu 20th December 2012
Casino War 3X As SHFL Files 3 Separate UDRP’s Against Holder of a .com, .net & .org - Here something you don’t see everyday a company filing three separate UDRP’s against the same domain name in the .com, .net and .org versions.
Today SHFL entertainment, Inc did just that on the domain names casinowar.com, casinowar.net and casinowar.org.
Although I have never heard of it, the term Casino War has its own Wikipedia entry and here is what it has to say about Casino War:
“Casino War is a registered trademark owned by SHFL entertainment, Inc., formerly, Shuffle Master, Inc. used ... read more ...
UDRP row got BidPal.com box right, though complainant’s lawyers did it a disservice -
Ultimate decision in case is right, but complainant’s case could have been stronger than it was.
It’s no wonder that BidPal, Inc wants the domain name BidPal.com. It has the decidedly inferior domain name BidPalNetwork.com.
In October it filed a UDRP against the owner of the domain name.
A three member UDRP panel ruled against the complainant, arguing that it did not prove lack of rights/legitimate interests in the domain and that it was registered and used in ... read more ...
No surprise: UDRP row denies explain on InteriorDesign.com -
Magazine publisher loses case for valuable InteriorDesign.com domain name.
A three person National Arbitration Forum UDRP panel has denied Interior Design Media Group, LLC’s claim on the domain name InteriorDesign.com.
As I wrote about in October, the domain name was been owned by domain investor P. A. Gordon for about 15 years.
Gordon owns some great domain names and explained to the panel that he buys generic domains that may have commercial value. He lists laptops.com, ... read more ...
Wed 19th December 2012
Funny: UDRP complainant says registration in bad faith is “not applicable” -
Software company files UDRP and says registration in bad faith was “not applicable” to the case.
Just when you thought you’d seen it all…
Swiss digital publishing software company BlankPage AG has lost a UDRP decision for the domain name keetab.com. Keetab is the name of one of its software products, which appears to have been launched this year.
So its UDRP against a domain name registered in 2004 was dead on arrival.
But you won’t believe what the company ... read more ...
Mon 17th December 2012
Beehive.com LLC Loses UDRP To Get Beehive.com Registered in 1991 - Beehive.com, LLC a corporation formed in the State of Delaware, lost a UDRP brought against the domain holder Alliance Capital Management of New York.
The Disputed Domain Name beehive.com is registered with Melbourne IT Ltd (the “Registrar”) which is generally a brand protection company adding to being an unusual case.
The one member panel found that the complainant didn’t meet any of the three requirements for a UDRP.
The complainant’s trademark application as an intent-to-use application, ... read more ...
SuperModel Cindy Crawford Files UDRP To Save CindyCrawford.com From Porn - SuperModel Cynthia Ann “Cindy” Crawford, who was once married to Richard Gere, has filed a UDRP with the World Intellectual Property Organization (WIPO) seeking the domain name CindyCrawford.com
According to Screenshots.com the domain name CindyCrawford.com as of as recently as August 2012 and going back to 2005, was going to what appears to be the official site for the model, however if you take a look at the domain today, its pointed to material from the hardcore porn star by the same name.
The ... read more ...
Stirring adult a beehive: a many gross UDRP of 2012? -
Perhaps the worst UDRP filing of 2012.
A single member World Intellectual Property Organization UDRP panel has handed down a ruling in favor of the current owner of Beehive.com.
In doing so, panelist Richard W. Page got the decision right.
But he also failed.
This case is one of the most egregious abuses of the UDRP I’ve ever read, and Page should have found the complainant guilty of reverse domain name hijacking even if the respondent’s attorneys didn’t ask ... read more ...
Fri 14th December 2012
Ari Goldberger Beats Back UDRP On LiveOne.com After Domain Holder Offers To Sell For $50K - Ari Goldberger, Esq of ESQwire.com just beat back a UDRP on the domain name LiveOne.com brought by LiveOne Group, Ltd
The three member panel ruled in favor of the domain holders who registered the domain in September 2007, against the trademark holder who just registered it trademark on May 15, 2010 which was granted on Sept. 6, 2011.
However the panel did not make a finding of Reverse Domain Name Hijacking (RDNH) on the basis that the domain was going to a parked page and the domain holder turned ... read more ...
LiveOne Group loses second UDRP explain in as many months -
Company goes after domain name registered before its brand even existed.
Let’s hope that LiveOne Group, a streaming media company, merely got some bad legal advice on this one.
It just lost a UDRP for LiveOne.com.
The current registrant picked it up in 2007, at least a few years before LiveOne Group came to market. So LiveOne Group had no chance of winning.
The owner of LiveOne.com was represented by Ari Goldberger.
LiveOne Group is now 0-for-2 in UDRPs with its ... read more ...
Tue 11th December 2012
YU.com Gets Hit With UDRP & Marchex Gets Hit With Another On NVIA.com - The two letter domain name YU.com just got hit with a UDRP.
The domain is under privacy at Moniker and goes to a Hit Farm parked page.
The name of the complainant is Two Way NV/SA
This seems like an attempted RDNH.
The more interesting case, is the UDRP involving Marchex which also got hit with a UDRP this morning on the domain name NVIA.com
The domain name NVIA is also parked but almost all the links on the page relate to SMS.
The complaint is Nvia Gestión de Datos S.L. whose official site is nviasms.com
There ... read more ...
UDRP filed opposite dual minute domain Yu.com -
Are Yu serious?
A UDRP has been filed against the owner of the two letter domain name Yu.com.
The case was filed by Two Way NV/SA at World Intellectual Property Organization.
It’s unclear who owns the domain. It has been protected by Moniker whois privacy for the past two years. Prior to that it was protected by NameView privacy, which means there may be a connection to Kevin Ham. The most recent non private registration record I can find at DomainTools is a 2006 ... read more ...
Thu 6th December 2012
Frank Schilling’s NameAdministration Hit With A UDRP On ColdFront.com - Another day and another complaint filed against a generic term.
In this case its the NameAdministration owned domain name ColdFront.com that was hit with a UDRP complaint filed with The National Arbitration forum (NAB).
According to DomainTools.com, the domain name has been owned by Name Administration since at least 2003.
The domain name is generic of course and even has its own Wikipedia entry.
There are 9 live trademarks for the term “cold front” in the USPTO including by Land O’Lakes, ... read more ...