Tag Archives: UDRP

Wed 24th October 2012
Written by The Domains in EN and tagged
The Worst Domain To Ever Be Hit With A UDRP? Anytime-Fitness-Bridgeport-wv.com - We have seen thousands of domain names hit with UDRP’s over the year but this maybe the worst domain I have ever seen. The domain name is: anytime-fitness-bridgeport-wv.com I assume the UDRP was filed by the health chain, AnytimeFitness.com but right now the complainant is not listed. I have no idea of why someone would ever have spent $10 to register this domain nor why its important enough domain to the TM holder to spend $1,500 in just filing fees to get the domain.       Google+Michael ... read more ...
 
Written by The Domains in EN and tagged
UDRP Panel Rejects Trademark Holder Complaint’s Over Publicare.com - The Complainant is a German company offering services of development and implementation of dialog-base email communications, online advertising and e-business applications and operating under the company name “Publicare Marketing Communications”. “The Complainant owns a German word trademark PUBLICARE 30560520 which was registered on November 16, 2005 and which covers various services in classes 35, 38 and 42 (the “Trademark”). The Complainant has registered different domain names reflecting ... read more ...
Tue 23rd October 2012
Written by The Domains in EN and tagged
UDRP Filed Against Generic Domain Name: InteriorDesign.com - A UDRP has just been filed against a great generic domain name InteriorDesign.com The domain name is owned a by a P. A. Gordon of  Guam, who lists as his email address getaway@getaway.com Getaway.com seems to be used as a travel site, however the domain in question goes to a Sedo parked page. The complainant is not yet listed. A quick check of the USPTO did not find a match for a trademark for either “interior design” or interiordesign.com The domain name has an original registration date of ... read more ...
 
Written by DomainNameWire in EN and tagged
InteriorDesign.com strike with UDRP - Valuable generic hit with UDRP. Another day, another amazing UDRP filing. This time it’s for InteriorDesign.com, which is owned by P. A. Gordon in Guam. Gordon owns some spectacular domain names, including Laptops.com, Getaway.com, Profit.com, Italy.com, Denmark.com, Netherlands.com, and Venezuela.com. It appears Gordon is the original registrant of the domain from 1997; at a minimum historical whois records show the registrant hasn’t changed since at least 2000. I ... read more ...
Fri 19th October 2012
Written by The Domains in EN and tagged
Guest Post: Another Day An Other Expansion of a UDRP in Favor of Complainants - This is a guest post by Paul Keating an attorney specializing in domain issues.  As principal of Law.es, he provides legal advice to domain investors, registrars and service providers. Law.es has offices in Barcelona and London: Panelist Warwick A. Rothnie just released his “considered” opinion in Six Continents Hotels, Inc. v. Triptih doo (D2012-1600).  I use “considered” loosely.  The domain at issue was holidaysarajevo.com.  The complainant was the owner of the “Holiday Inn” trademark ... read more ...
Sat 13th October 2012
Written by The Domains in EN and tagged
Noktala Beats Back UDRP On Kanka.com Brought By Bllistex - Blistex Inc. brought a UDRP against Noktala Co. Ltd., who was represented by The Muscovitch Law Firm on the domain name Kanka.com Blistex owns a trademark on the term KANK-A. The domain was going to a parked page with a sales link. Apparently the complainant offered to buy the domain, but their offers were rejected, although the decision did not report the amount of the offers. In all a very good decision for domain holders. Here are the relevant facts and findings by the three member WIPO Panel: “Factors ... read more ...
Wed 10th October 2012
Written by The Domains in EN and tagged
NAF Panelist Cuts & Pastes From Another UDRP Decision, Again - Our eagle eye, George Kirikos has caught another National Arbitration Forum (NAF) John J. Upchurch cut and pasting in a UDRP decision The decision involved the case, eyecandydigitalsignage.com but as you can see  below the panelist cut and pasted language from another decision: “””Complainant alleges that Respondent must have had constructive and/or actual notice of Complainant’s rights in the MEDIACOM mark prior to registration of the domain names. While constructive notice is generally ... read more ...
Tue 9th October 2012
Written by The Domains in EN and tagged
Schilling & Berryhill Get Their 2nd UDRP Win This Week On Metatrader.com & Reverse Domain Name Hijacking Finding - Frank Schilling’s NameAdministration represented by John Berryhill just won a UDRP for the 2nd day in the row, today on the domain name metatrader.com Not only did they win this UDRP but they got a finding of Reverse Domain Name Hijacking (RDNH) Here are the relevant facts and findings from the three member panel: The Complainant MetaQuotes Software Corp. of Nassau, is a software solutions provider for the financial market. It is a business to business software development company, established ... read more ...
 
Written by DomainNameWire in EN and tagged
Software association guilty of Reverse Domain Name Hijacking opposite Frank Schilling - WIPO panel rules company filed UDRP “to obtain the disputed domain name at any cost”. A World Intellectual Property Organization panel has found a software company guilty of reverse domain name hijacking in a UDRP filed against one of Frank Schilling’s domain names. The UDRP was filed by MetaQuotes Software Corp. for the domain name MetaTrader.com. Schilling’s company registered the domain prior to MetaQuotes filing for a trademark registration or even copyright ... read more ...
 
Written by DomainNameWire in EN and tagged
Persona.com survives second UDRP from opposite complainant - Persona.com successfully defended — for the second time. If two completely different complainants file a UDRP against the same domain name, doesn’t that kind of show that it’s a common generic domain? Persona.com was first hit with a UDRP back in 2006 by The Eye Academy of America Ltd. and Total Vision Eye Care Group, P.C. It won the case as the panel determined: The Panel finds that common generic words are open for registration, and thus, Respondent has rights ... read more ...
Mon 8th October 2012
Written by The Domains in EN and tagged
Schilling & Berryhill Win Another UDRP On a Domain Name DataServ.com; Despite A State Registered Trademark Since 1994 - Frank Schilling’s Name Administration represented by John Berryhill just won another UDRP this time on the domain name dataserv.com. The Complaint was brought by  DataServ, L.L.C. of St. Louis which had a trademark on the term since 1994 The disputed domain name was registered on October 24, 2003. You may ask how could the panel rejected the Trademark Holders claim? It wasn’t a federally registered trademark but was only registered in state of Missouri. Here are the relevant facts and findings ... read more ...
 
Written by DomainNameWire in EN and tagged
Frank Schilling wins UDRP for DataServ.com - Company files UDRP after $20,000 offer rejected. Frank Schilling’s Name Administration has successfully defended the domain name DataServ.com in a UDRP filed by St. Louis company DataServ, L.L.C. DataServ made offers of $10,000, $15,000 and finally of $20,000, but couldn’t get Shilling to sell. After that it decided to try its hand at UDRP. The offer of $20,000 certainly seems to indicate that DataServ knew it had little basis for filing a UDRP. Here’s how ... read more ...
Thu 4th October 2012
Written by DomainNameWire in EN and tagged
L.A. association denied possibility to use dot.com bust Kozmo.com’s domain name - Kozmo.com may be defunct but it’s domain registration lives on. In July I wrote about how Los Angeles company Yummy Foods, LLC wanted to relaunch the Kozmo.com delivery brand. Kozmo.com was one of the biggest dot.com busts. It raised around $250 million in order to deliver a pack of gum to your house with no delivery fee. Yummy Foods has two trademarks for “kozmo” for delivery of food and other goods. But despite Kozmo.com going out of business over a decade ... read more ...
Fri 28th September 2012
Written by The Domains in EN and tagged
Goog Grief: UDRP Filed On Grief.Net and Grief-Recovery.com - A UDRP has just been filed against the generic terms Grief.net and Grief-Recovery.com. The two domains are owned by the Grief Recovery Institute of California Grief.com goes to a site offering a Grief Recovery Program while Grief-Recovery.com seem to go a page reported as have malware or other issues found to be not sale by the browsers. In any event but terms are highly generic and of course Grief is a dictionary word. The complainant is not yet listed but we will keep an eye on this one.     Google+Michael ... read more ...
Thu 27th September 2012
Written by DomainNameWire in EN and tagged
Kate Spade files complaints over .co and .xxx domains - Company upset over Kate Spade domain names. Fashion brand Kate Spade, LLC has filed UDRP complaints at World Intellectual Property Organization against the owners of two domain names: KateSpade.co and KateSpade.xxx. KateSpade.co resolves to a page announcing that the domain name is for sale; the .xxx domain goes to a domain name registrar “coming soon” page. Kate Spade has filed UDRP complaints before — but these are the first two since 2008. That makes me think ... read more ...
Wed 26th September 2012
Written by DomainNameWire in EN and tagged
ESQwire.com wins UDRP for customer with minority anticipating of RDNH - A RNDH opinion worth reading. Ari Goldberger’s ESQwire has helped its client PortMedia defend the domain name Altom.com in a UDRP. One of the panelists determined that the case was reverse domain name hijacking, and his point of view is worth reading. The domain name was registered in 2002. Although it was protected by whois privacy for much of the time, I have good reason to believe that the current registrant is the one that registered the domain name back in ... read more ...
Mon 24th September 2012
Written by DomainNameWire in EN and tagged
CrossFit Blows (and CrossFit isn’t happy about that) - Florida training center upsets CrossFit. CrossFit may be good at kicking peoples’ butts into shape at the gym, but now it’s doing burpees in front of an arbitration panel. A UDRP case was just filed at National Arbitration Froum for the domain name CrossfitBlows.com. What’s interesting is that the domain name is owned by an apparent rival to the CrossFit program called Monsters Training Center in Florida. If you go to CrossFitBlows.com you’ll see an unfriendly ... read more ...
Wed 19th September 2012
Written by The Domains in EN and tagged
After 10 Years Of Registration, Oxford University Press Wins The Domain Name OxfordDictionary.com In A UDRP - Back in July we told you that a UDRP was filed on the domain name oxforddictionary.com, which is going to a parked page. Today a one person panel awarded the domain name to the Oxford University Press of Oxford, United Kingdom. The only surprise, is that it took the Oxford University Press 10 years to file the UDRP. “The Complainant owns many trademark registrations around the world for the mark OXFORD in association with publishing, books and electronic products and services, including the following ... read more ...
Mon 17th September 2012
Written by The Domains in EN and tagged
WallStreet.com: The UDRP Decision Is In & The Panel Finds Reverse Domain Name Hijacking - The three member UDRP WIPO panel decision on the domain name WallStreet.com is out and not only was the complaint by Wall-Street.com, LLC rejected but the panel found the complainant engaged in Reverse Domain Name Hijacking (RDNH). As to the issue of RDNH the panel said: “It is a close question whether the Complaint was brought in bad faith for purposes of the Rules, paragraph 15(e). The post-Complaint emails included in the Respondent’s Supplemental Filing strongly suggest that the Complainant ... read more ...
 
Written by DomainNameWire in EN and tagged
City of Paris systematic to compensate $100k for retreat domain name hijacking - Paris guilty of reverse domain name hijacking, ordered to pay over $100,000. A U.S. federal district court has ordered Ville de Paris (City of Paris) to pay $100,000 for reverse domain name hijacking and tortious interference. Judge Melinda Harmon also ordered the city to pay $26,830 in attorney’s fees and costs. The judgment stems from a UDRP the city of Paris filed against the owner of Parvi.org in 2009. In that case, panelist Andrew Christie decided to give ... read more ...
 
Written by DomainNameWire in EN and tagged
WallStreet.com: row manners retreat domain name hijacking - Wall-Street.com blasted for its attempt to hijack WallStreet.com domain name. A three person World Intellectual Property Organization panel has found Wall-Street.com, LLC guilty of reverse domain name hijacking over the domain name WallStreet.com. Wall-Street.com based much of its UDRP case against WallStreet.com on some relatively recent transfers of the domain name, which it said were new registrations. However, it turns out the domain name has essentially been ... read more ...
Sat 15th September 2012
Written by The Domains in EN and tagged
Despite Long Dissenting Opinion, Youi.com Saved In UDRP Against Claim Of TM Holder, Youi Of Australia - A three member UDRP panel ruled by 2-1 in favor of the domain holder of Youi.com against  Youi Pty Ltd. of Queensland, Australia, which was represented by Melbourne IT. The domain name was parked and was acquired by the domain holder after the Australia company registered its trademark but a majority of the panel did not find bad faith in the registration as the domain holder was located in Europe and would not have knowledge of the Australian Trademark but the panel noted that “this case is a ... read more ...
Fri 14th September 2012
Written by The Domains in EN and tagged
Netbank Inc Tries To Get Bancanet.com Based Off Its Trademark, But Guess What It Doesn’t Have One - A UDRP panel just ruled against Netbank Inc. of Phoenix, Arizona, on the domain name Bancanet.com which is owned by  Banco Nacional de Mexico of Mexico. Netbank claimed it has a federally registered trademark on the term but they didn’t. We often chat about UDRP reform. Here the panel found that the complainant brought the UDRP, that the domain holder has to spent money to defend, based largely on a non existent filed trademark. Certain WIPO could check to make sure a complainant that alleges ... read more ...
 
Written by DomainNameWire in EN and tagged
Did “Netbank” lie, or was it only unhandy in this UDRP? - A quick look at archives disproves a UDRP complainant’s statement. UDRP complainants and their lawyers make all sorts of claims when filing UDRPs. Sometimes they make assertions that are false, and sometimes these are honest mistakes. But at what point does it become deliberate? And at what point does not using freely available tools to verify complaints become problematic? Take the decision just handed down by WIPO against NetBank for the domain name bancanet.com. (I ... read more ...
Thu 13th September 2012
Written by DomainNameWire in EN and tagged
UDRP row gets LivingSocal.com preference correct - Socal may be a typo of social.com, but it also means something. I frequently write about when UDRP panels make the wrong decision, and sometimes that’s the case even when they find for the respondent. Some domainers give me grief for it, but I call it how I see it. Last night Michael Berkens wrote about the decision for LivingSocal.com, which LivingSocial.com said was a typo, and how he thought the decision in favor of the respondent would get trademark holders ... read more ...