Tag Archives: UDRP

Mon 3rd December 2012
Written by The Domains in EN and tagged
Parody Site ChickFilaFoundation.com Wins UDRP Challenge By Chick-fil-A - C. Registered and Used in Bad Faith 1. Parody as a UDRP Defense Respondent has claimed to be using the disputed domain name as a parody. Parody is a curious migrant from the law of copyright to the law of trademarks. Parody has existed in literature from time immemorial. One author, songwriter, artist, etc. has chosen to copy certain elements of the work of another in order to make fun of the style or content of the other’s expression. In the context of the law of copyright which protects the ... read more ...
 
Written by DomainNameWire in EN and tagged
Marc Randazza wins UDRP opposite lady he sued final week - Lawyer wins UDRP over his personal names, but battle still looms over family domain names. Last week I wrote about how first amendment attorney Marc J. Randazza had filed a lawsuit against detractor Crystal Cox over a number of domain names she registered. In addition to registering domain names including Marc Randazza’s name, she also registered domain names referring to Randazza’s wife and three-year-old child. Randazza alleges that Cox registered the domain ... read more ...
Tue 27th November 2012
Written by The Domains in EN and tagged
Marchex Files Federal Lawsuit Over PriceShoes.com UDRP Decision - Marchex (MRCX) just filed a federal lawsuit over the UDRP decision in PriceShoes.com. You might recall a three member panel awarded the domain name to the trademark holder of “Price Shoes” Administradora de Marcas y Franquicias, S.A. de C.V desipte a strong dissenting opinion. The case is important to all domainers since the majority of the panel placed an additional burden on Marchex who the panel described as being “professional registrants who are engaged in the business of domain name monetization” ... read more ...
Mon 26th November 2012
Written by The Domains in EN and tagged
GED.net Hit With UDRP & Its Not A Parked Page - A UDRP has just been filed on the domain name GED.net, by the  American Council on Education GED Testing Service LLC whose official site is Acenet.edu. According to its site, The American Council on Education (ACE) develops and delivers the GED test. The domain name GED.net is an informational site about the exam which says its been copyrighted since 2005 however the whois record is showing as a record creation date of 2011 for the domain. According to DomainTools.com the domain was first registered ... read more ...
 
Written by The Domains in EN and tagged
Audi Loses UDRP On AudiCity.com - A one person UDRP panel just ruled against Audi AG of Germany on the domain name audicity.com The case seemed to turn on the fact that the domain name was “registered for over 10 years, and there is no evidence that the Respondent has ever attempted to sell the Domain Name”. “Furthermore, when asked by the Complainant to transfer the Domain Name, the Respondent refused without making a counter-offer, citing the costs that the transfer would impose on him in changing his various email addresses.” The ... read more ...
Fri 23rd November 2012
Written by The Domains in EN and tagged
UDRP Panel Turns Back Ireland Governmental Agency Bid To Grab DrivingLicence.ie - A UDRP rejected the complaint of the Irish Road Safety Authority Act, which :has sole authority and competence in Ireland for oversight of the driving licensing system, including management of the driving test, development of driver licensing policy and drafting licensing legislation” on the domain name drivinglicence.ie. Here are the relevant facts and findings by the one member panel: The disputed domain name was registered by the Registrant on September 23, 2011. On March 29, 2012, the Complainant ... read more ...
Wed 21st November 2012
Written by The Domains in EN and tagged
Elizabeth Taylor’s Estate Wins Rights To LizTaylor.xxx - A one member UDRP panel just award the domain name LizTaylor.xxx to the The Elizabeth Taylor Trust, Interplanet Productions Limited and The Elizabeth Taylor Cosmetics Company who all brought the UDRP. The decision is more interesting that you think. Also I’m not sure how the domain holder got the domain registered in the first place as the panel found they were not a member of the adult community. As .XXX is a sTLD, restricted only to those who are members of the Sponsored Community, something ... read more ...
 
Written by The Domains in EN and tagged
Zak Muscovitch, Esq., Gets UDRP Panel Finding of Reverse Domain Name Hijacking On GTMS.com - Global Transmission Media Solutions of Utah was just found guilty of reverse domain name hijacking (RDNH) on the domain name GTMS.com by a UDRP panel from the National Arbitration Forum The domain holder was represented by Zak Muscovitch. The one member panel found that the complainant, “who, on no evidence at all, accused the Respondent of acting in bad faith.” “That, itself, is an act of bad faith and is part of the reason why the Panel has made the finding of Reverse Domain Name Hijacking. ... read more ...
 
Written by DomainNameWire in EN and tagged
Panel Tells GTMS to GTFO with RDNH - GTFO, that’s RDNH! A World Intellectual Property Organization National Arbitration Forum panel has found satellite services company Global Transmission Media Solutions (GTMS) guilty of reverse domain name hijacking. GTMS filed a UDRP on the domain name GTMS.com, which was registered in 1999. That’s well before GTMS’ purported first use of the acronym as a brand. GTMS suggested that the domain owner’s non-use of the GTMS.com and two other domains he owned (which ... read more ...
Tue 20th November 2012
Written by DomainNameWire in EN and tagged
Walmart owns pivotal domains for Black Friday kinship showdown - Company acted last year to corral domains from group organizing protests this Friday. Walmart has asked the National Labor Relations Board to help shut down potential worker protests at its stores on Black Friday. The protests are being organized by a group called Our Walmart. Our Walmart has been part of the United Food and Commercial Workers International Union in the past, although the group told the Wall Street Journal that it’s no longer a subsidiary. Until ... read more ...
Sat 17th November 2012
Written by The Domains in EN and tagged
Deluxe.Org Gets Hit With UDRP - A UDRP was just filed on the domain name Deluxe.org The domain name is owned by The Tidewinds Group, Inc. of Mass and looks like it was under privacy until yesterday. The complainant is not yet listed however Deluxe.com, is owned by the Deluxe Enterprise Operations Inc which has a tm Symbol on the site. The domain Deluxe.org which has a creation date of 2004, is currently forwarding to thefreedictionary.com We will keep on eye on this one and see what happens     Google+Michael Berkens ... read more ...
Fri 16th November 2012
Written by The Domains in EN and tagged
4 Lettered .Com Lost in UDRP Based On TM On Three Letter: OOVH.com - A one member UDRP panel just ruled against the domain holder of OOVH.com based off a trademark on the term OVH which  is an acronym for “On Vous Héberge”, In English this translates as “We Host You”. The Complainant provides webhosting services through dedicated servers, private servers, domain registrations and email services. It business is described more fully at its French language website at “www.ovh.com”. The Complainant claims to be the biggest webhosting provider in France and ... read more ...
Thu 15th November 2012
Written by The Domains in EN and tagged
Marchex Loses UDRP On PriceShoes.com & Panel Places Additional Burden On “Professional Registrants” - A three member UDRP panel ruled against Marchex who was represented by John Berryhill, on the domain name priceshoes.com, with one panelist filing a dissenting opinion. The complainant is  Administradora de Marcas y Franquicias, S.A. de C.V. which the panel found to own “numerous trademark registrations for PRICE SHOES in various jurisdictions” which were registered years prior to Marchex registration which was back in 2005. The majority of the panel seemed to particular bothered by the fact ... read more ...
Fri 9th November 2012
Written by The Domains in EN and tagged
UDRP On CrowdSurfing.com Rejected: The Domain Holder Just Bought a Domain & Didn’t Respond - A one member panel just rejected the UDRP brought by LiveOne Group, Ltd. on the domain name CrowdSurfing.com despite the fact that Liveone had an US trademark on the term, the domain name was recently purchased and the domain holder didn’t even bother to respond to the UDRP. The complainant apparently had the opportunity to buy the domain for around $6,000 through Buydomains.com between May and July of this year. However Liveone hesitated and the domain was purchased by the current domain holder. The ... read more ...
 
Written by DomainNameWire in EN and tagged
Tarheel Take-Out guilty of retreat domain name hijacking over Takeout.com - Food delivery service guilty of abusing proceedings. When Tarheel Take-Out, LLC filed a UDRP against the domain name Takeout.com, it was a pretty good bet that it would be found guilty of reverse domain name hijacking. A three member World Intellectual Property Organization panel has just turned in its decision and has indeed determined that Tarheel Take-Out is guilty of abusing the UDRP process. The panel ruled that the domain name was not similar to a mark in which ... read more ...
Thu 8th November 2012
Written by The Domains in EN and tagged
Bluff Blog Beats Back UDRP Challenge On Buff.com; Despite TM, Parked Page & Links To The Complainant - Original Buff, S.A. of Igualada, Spain, just lost a UDRP on the domain name Buff.com The domain holder was represented by ESQwire.com Law Firm. The domain is parked and according to the complainant has been parked for some 15 years. Also it appears from the fact presented to the panel that the  parked pages at times contained links to the complainant’s products. The three member panel in finding in favor of the domain holder (there is quite a bit of discussion in the opinion as to who the domain ... read more ...
Wed 7th November 2012
Written by DomainNameWire in EN and tagged
Inventa tries to invent the possess perspective of UDRP (but loses) - Company makes some big leaps in claiming Inventa.com domain name is cybersquatting. A World Intellectual Property Organization UDRP panel has just handed down a decision over the domain name Inventa.com. The complaint was brought by Inventa International Group. The owner of the domain is an apparently defunct U.S. technology consulting company called Inventa Technologies, Inc. Inventa Technologies registered the domain name in 1995 and set up its company. It filed ... read more ...
Tue 6th November 2012
Written by The Domains in EN and tagged
Marchex Gets Hit With UDRP From P&G On The Domain Swash.com - Protector Gamble just filed a UDRP on the domain name Swash.com which is owned by Marchex, Inc. (MCHX). The domain Swash.com has an original registration date of 2000. I found a trademark by PG on the term Swash one dated in 2007 and one dated 2011 but there are 5 other live trademarks in the USPTO for the term Swash many which pre-date PG’s including by: Arion International B.V. Limited Liability Company Brondell, Inc Harry Major Machine Tool Company CAMP SCANDINAVIA AB CORPORATION SWEDEN The ... read more ...
Fri 2nd November 2012
Written by The Domains in EN and tagged
Wow: Google Loses UDRP On Woogle.com & Domain Holder Didn’t Even Respond - In what could be the strangest decision of the year, Google Inc. just lost a UDRP on the domain name woogle.com and the domain holder didn’t even respond. The decision was handed down by the National Arbitration Forum The one member panel found that Woogle.com was not confusingly similar to Google.com “”” Typosquatting (without more) does not appear in the UDRP as a ground for transferring or cancelling a domain name. ” “Even if typosquatting were in the UDRP, it is difficult to see how ... read more ...
 
Written by The Domains in EN and tagged
UDRP Filed Against ManhattanCenter.com - A UDRP has been filed against the domain name manhattancenter.com A quick check of Google finds a lot of places in Manhattan that are called the Mahattan Center, including manhattan center high school manhattan center hotel Manhattan Center Adelphi University Manhattan Center Restaurant Manhattan Center for Science and Mathematics But the granddaddy of them all is the Manhattan Center building, which was build in 1906 and is currently the home of a recording studio, television studio, post production ... read more ...
Wed 31st October 2012
Written by DomainNameWire in EN and tagged
Ubisoft only wants JustDance.com - Company files UDRP for domain name. [Update: it turns out the domain was owned by Quantec, LLC/Novo Point, LLC, which is the Ondova portfolio in bankruptcy. The case was terminated by the panel.] Ubisoft’s official web site for its popular Just Dance game is just-dance-thegame.ubi.com. That’s a pretty sucky web address, so it’s no wonder that it has filed a UDRP to get the domain name JustDance.com. Before you scream “but it’s a generic”, you can blame ... read more ...
Tue 30th October 2012
Written by DomainNameWire in EN and tagged
Garage doorway domain evidence goes to court - Garage door wars. A couple weeks ago I wrote about a UDRP in which a panelist who knew little about internet marketing awarded the domain name BoiseGarageDoor.com to a garage door company in Boise. Now the respondent in that case has filed a lawsuit to block the transfer (pdf). It also claims that the UDRP complainant Boise Garage Door, LLC is slandering and libeling it. According to the suit: Upon information and belief, on October 5, Defendant or his counsel left ... read more ...
 
Written by DomainNameWire in EN and tagged
“UDRP Veterans” urge domain name - Panel says “UDRP Veterans” know what they’re doing. Garry Chernoff of NetIncome Ventures and domain attorney John Berryhill teamed up to successfully defend the domain name Hennessey.com in a UDRP. There are a couple interesting things about this case: 1. If I see a UDRP and the complainant is not who I would have thought it would be, that’s a pretty good sign that the complaint will fail. In this case, when I saw the domain Hennessey.com, I assumed the complainant ... read more ...
Thu 25th October 2012
Written by DomainNameWire in EN and tagged
Locksmiths “pick” quarrel with Frank Schilling - …and they lose. IDN, Inc., the company that runs Locksmith Dealers of America (LSDA), picked a fight with the wrong guy. (Sorry, I couldn’t help it.) The company filed a UDRP against Frank Schilling’s Name Administration over the domain name LSDA.com. Apparently IDN, Inc. decided that 2012 was a good year to create a web site after many years in business. Hey, better late than never. But it wanted the short and simple domain LSDA.com. It offered up to $5,000 ... read more ...
Wed 24th October 2012
Written by The Domains in EN and tagged
UDRP Panel Rejects Claim of TM Holder On The Generic Domain Name; Six.com Despite $2M Offer For Sale - In a UDRP panel decision that will be published tomorrow, the domain holder, beat back The Complaint of SIX Group AG of Zürich, Switzerland on the domain name Six.com. The domain holder, Xedoc Holding SA of Luxembourg, was represented by Paul Keating of  Law.es, Spain. To summarize, the complainant held a trademark for the term Six in a number of countries; the domain was parked prior to 2011 and pointed to an adult site after; the domain holder offered to sell it to the complainant for $2 Million ... read more ...