Tag Archives: UDRP

Wed 12th September 2012
Written by The Domains in EN and tagged
Living Social Loses UDRP On LivingSocal.com: You Got To Read This One - LivingSocial, Inc.  just lost a UDRP on the domain name LivingSocal.com. The panel found in a pretty strange decision, which will have Trademark groups screaming for UDRP reform, that the domain name stands for a “common term”  and means, as the domain holder suggested “living in SoCal.” The domain also resolved differently whether it was typed in the URL with the www. before it or not. One way, it went to a landing page with links but the domain owner said he didn’t know anything about ... read more ...
 
Written by The Domains in EN and tagged
UDRP Panel Rules in Favor of Domain Holder On Gripe Site: SelectQuoteReview.com - A one person UDRP panel rejected the claim of SelectQuote Insurance Services on the domain name selectquotereview.com Of course the complainant owns a trademark on the term SelectQuote but the domain which was used in a site critical of the insurance comparison site, was found to be fair and legitimate use of the domain. Here are the relevant facts and findings: “The Complainant is a company offering price comparisons of insurance quotes since 1985. Due to extensive promotion and advertisement ... read more ...
Tue 11th September 2012
Written by The Domains in EN and tagged
Frank Schilling Gets Hit With A UDRP On A 4 Letter .Com: LSDA.com - A domain owned by Frank Schilling’s company, Name Administration Inc. just got hit with a UDRP over the 4 letter domain name LSDA.com The domain name is currently parked but with pretty broad links: Related Searches I found one trademark in the US trademark database for the term LSDA and it goes to a locksmith company. The trademark is was granted in 2010. The domain name LSDA.com original date of registration was 2001.  According to Domaintools.com Frank’s company has owned the domain name ... read more ...
Mon 10th September 2012
Written by DomainNameWire in EN and tagged
Adrian Peterson needs a new lawyer - Mistake ridden domain name complaints cost the player his online identity. Minnesota Vikings player Adrian Peterson needs to get a new lawyer — and not for his criminal issues. He needs new intellectual property lawyers. If your lawyers make a mistake once, perhaps you overlook it. But twice? Back in April Adrian Peterson won a UDRP for the domain name AdrianPetersonOnline.com. But his attorneys at Gant Hicks asked for the domain name registration to be canceled ... read more ...
Sun 9th September 2012
Written by DomainNameWire in EN and tagged
UDRP craziness alert: Oakley wins one “fake” case, loses a other - Win won, lose another: the inconsistency of UDRP. A couple weeks ago I wrote about how Oakley lost a UDRP case over the domain name MyFakeOakleySunglasses.com. The panelist in that case, Houston Putnam Lowry, ruled that the domain name was not confusingly similar to Oakley’s mark because it contained the word “fake”. Everybody knows what the work “fake” means. The word “fake” appears before the trademark in the domain name. The web site makes it pretty ... read more ...
Sat 8th September 2012
Written by The Domains in EN and tagged
The Decision Is In: Adrian Peterson Loses UDRP On AdrianPeterson.com & we Think Its A Bad Decision - Last night we told you that Adrian Peterson Lost his UDRP on the domain name AdrianPeterson.com. This morning the decision has been published and it was decided by a one member panel who I think came to a bad decision although Mr. Peterson’s attorney’s maybe to blame as well. Before reading the decision I assumed The panelist found that the use was a legitimate use as a “fan site” However the panelist did not decide the case on that issue, instead finding: “The name in question needs to ... read more ...
Fri 7th September 2012
Written by The Domains in EN and tagged
Vikings Adrian Peterson Loses UDRP On AdrianPeterson.com - Pro bowl running back Adrian Peterson has lost his UDRP claim on the domain name AdrianPeterson.com The opinion hasn’t been published yet, but the decision is in. The domain currently does not resolve, but according to Screenshots.com the domain was a “fan site” as recently as 2009 at which time the site had pictures of Mr Peterson as well as stats and other information on the running back. The site did have a disclaimer on the bottom saying that the site was not affiliated with Adrian Peterson, ... read more ...
 
Written by DomainNameWire in EN and tagged
Public Storage refiles UDRP, row declines to hear it - Company upset that decision was different from similar case it filed. Generally speaking, the only reason a UDRP panel will re-hear a case is if the complainant brings forth new evidence that could not have been discovered prior to the initial case. But that didn’t stop Public Storage from filing a new case against the owner of publicstoragephoenix.com. Here’s the background: In October 2011 Public Storage lost a case against the owners of publicstorage-phoenix.com ... read more ...
Thu 6th September 2012
Written by The Domains in EN and tagged
UDRP Panel Rejects Claim On ElAbogado.com (The Lawyer.com) - In a UDRP decision released today a one member panel rejected the trademark holder of the “brands 1-800-NY-ABOGADO 1-800-ELABOGADO” to the domain name  ElAbogado.com, which translates to “The Lawyer” in English. Here are the relevant facts and findings: “The complainant registered marks based on previous use made of them that according to these records dating back to 1996 in the case of the brand 1-800-ELABOGADO and 2000 in the case of the brand 1-800 -NY-LAWYER.” The trademark holders ... read more ...
 
Written by The Domains in EN and tagged
Google Gains Control Of 43 Domain Names In 2 Separate UDRP Decisions - In two separate UDRP decisions handed down today, Google won control of 43 domain names. In the 1st decision Google won control over 25 domain names: Google+Michael Berkens ... read more ...
Tue 4th September 2012
Written by DomainNameWire in EN and tagged
Formula 1 group woos cybersquatter, afterwards files complaint - After lavishing gifts on cybersquatter, Formula 1 team has a change of heart. With Formula 1 coming to Austin in just two months, I was interested to see this UDRP brought by a Formula 1 team. Force India Formula One Team Limited, which is strangely located in the United Kingdom, filed a dispute against the registrant of saharaforceindia.com and saharaforceindiaf1.com. The registrant of these domain names registered the domains the same day the Formula 1 team announced ... read more ...
Fri 31st August 2012
Written by The Domains in EN and tagged
HomeDecoratorSale.com Lost In UDRP - The domain name HomeDecoratorSale.com was lost in a one member UDRP panel. The complainant won the case based on its two trademark one  the term Dome Decorators and one on the term HOME DECORATORS COLLECTION. The domain name was forwarded to a site “that hosts an online retail store that sells home décor, furnishings, and accessories.” The panel found that the domain holders use “of the confusingly similar disputed domain name (was) to directly compete with Complainant”. The panel went ... read more ...
 
Written by The Domains in EN and tagged
WIPO & NAF Panelist Outlines The 10 Differences Between WIPO and NAF - Doug Isenberg, who is a “domain name attorney and founder of The GigaLaw Firm and a panelist for the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF) published a post on this blog today, his “list of 10 differences between the top two UDRP service providers” we have picked out a few of the difference he cited in his post.  You should the Mr. Isenberg’s post in its entirety: Length.  UDRP complaints and responses are limited to 15 pages at NAF and ... read more ...
 
Written by DomainNameWire in EN and tagged
Macth.com owners sues Match.com and CitizenHawk after losing UDRP - Domain owner files complaint to halt transfer of domain name after losing UDRP. The owner of Macth.com has sued online dating company Match.com and domain name recovery firm CitizenHawk after losing a UDRP for her domain name. In a complaint filed in the Southern District of Florida (pdf), Liz Eddy is asking for declaratory relief and financial penalties. She says Macth.com is a generic typo. Eddy lost a UDRP for Macth.com on August 15. She alleges that Match.com ... read more ...
Thu 30th August 2012
Written by The Domains in EN and tagged
If Your Using Enom’s “Whois Privacy Protection Service, Inc./Whois Agent,” UDRP Panels Says Your A Serial Cybersquatter - In a one member panel decision on a the domain name staybrutal.com the UDRP panel found the registrant was a serial cybersquatter . The domain was registered through Enom’s privacy service and therefore the owner was “Whois Privacy Protection Service, Inc. / Whois Agent”. The complainant took the position that the domain owner, the Enom Privacy service “is a  notorious cybersquatter with a history of UDRP decisions.” The complainant went on to say later in its complaint:  “The Complainant ... read more ...
 
Written by DomainNameWire in EN and tagged
Where do many cybersquatters live? - Oh, more thoughtfully composed and helpful info from WIPO: Still no delineation for 3rd Level Sub-Domains as a contributive source to these problems! Clever coding to isolate 3rd from 2nd, making 3rd look guilty when 2nd is far, far more guilty. The US Federal District Court, Eastern District Virginia I await comment. Cheers, Graham. Here is some useful information, for the less informed. http://en.wikipedia.org/wiki/Cybersquatting Cybersquatting (also known as domain squatting), according ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP cybersquatting complaints boost in initial half of 2012 - Two largest UDRP services saw increased activity in first half of the year. The number of cybersquatting complaints filed in the first half of 2012 was up 9% compared to the first half of 2011. That’s according to data provided by World Intellectual Property Organization (WIPO) and National Arbitration Forum (NAF), the two largest arbitration services for the uniform domain name dispute resolution policy (UDRP). WIPO received 1,764 cases in the first half of this ... read more ...
Wed 29th August 2012
Written by The Domains in EN and tagged
They Bought & Let Their Domain Expire & Now They Lose A UDRP On RisingStar.com - Ari Goldberger beat back a UDRP brought by Rising Star AG of Bottighofen, Switzerland on the domain name RisingStar.com The complainant which at one time purchased the domain name for $5,000 let it expire, and was picked up on a domain auction. After it dropped the domain holder parked the domain and the parked page contained an offer link. Here are the relevant facts and finding by the three member panel: “The Complainant is a Swiss company engaged in financial consultation services. It was founded ... read more ...
 
Written by DomainNameWire in EN and tagged
Rising Star AG forgets to replenish RisingStar.com, files UDRP 2 years after (and loses) - Rising star or a falling star? Here’s an interesting UDRP over a great generic domain name, RisingStar.com. Investment company Rising Star AG, which owns RisingStar.ch, bought the domain name RisingStar.com for $5,000 in 2006. It forgot to renew the domain name in 2010 and it went to auction on SnapNames, where it sold for $3,300. (Rising Star claims it sold for $1,000, but it apparently doesn’t know how to search on Google.) For some reason Rising Star AG waited ... read more ...
Tue 28th August 2012
Written by The Domains in EN and tagged
UDRP’s Here Come The Banks; National Westminster Bank Files 15; Royal Bank Of Scotland Files 20 UDRP’s - The Royal Bank Of Scotland, filed 20 separate UDRP’s cases today against 20 different domain holders. Here are the domain names the UDRP’s were filed against: online-rbs.com rboscolanduk.com rbs-groupsfinancial.com rbs-london.com rbs-my.com rbs-onlinex.com rbs-onnet.com rbs-private.com rbs-privatebank.com rbs-uk.net rbsbonline.com rbscotl.com rbsgrps.com rbsindextrading.com rbsonline-london.com rbsplc-uk.com rbsprivate.net rbsukgroup.org rbsukgrp.com rbsexclusivecommercialfunding.info In addition ... read more ...
 
Written by The Domains in EN and tagged
New Study: Nearly 50% Of All UDRP Cases Decided By NAF Are Decided By 7 Panelists - A new study comissioned by attorney Zak Muscovitch shows that of all the UDRP cases decided by the National Arbitration Forum one of the two organizations that decide almost all UDRP cases, 7 panelist account for 50% of the decisions. The NAF has administered approximately 17,000 disputes since 1999 The study published this morning by DNattorney.com This study is really an update to one done by  in 2010. “In March, 2010, DNattorney.com released a comprehensive study (the Original Study) on the ... read more ...
 
Written by DomainNameWire in EN and tagged
National Arbitration Forum continues to palm infancy of cases to name panelists - Seven panelists hear nearly half of all NAF UDRP cases. Zak Muscovitch has updated his National Arbitration Forum (NAF) panelist study originally released in 2010. The results published on DNAttorney.com have basically the same conclusion as his original report: the National Arbitration Forum hands most of its caseload to a select group of panelists. Just seven American panelists heard nearly half of all of NAF’s caseload from March 5, 2010 – July 4, 2012. It’s ... read more ...
 
Written by DomainNameWire in EN and tagged
Royal Bank of Scotland files 34 UDRPs - Melbourne IT Digital Brand Services goes into overdrive with large client. Royal Bank of Scotland and its National Westminster Bank Plc have decided to go bulk in cracking down on cybersquatters. The company just filed 34 UDRP cases covering 35 domain names in one fell swoop. This is hardly the bank’s first foray into UDRP. UDRPSearch.com lists 133 cases (including the new ones) filed by Royal Bank of Scotland and 116 filed by National Westminster Bank plc. Based ... read more ...
Fri 24th August 2012
Written by The Domains in EN and tagged
UDRP On CloudProvider.com Rejected Even Without A Response By The Domain Holder - A UDRP claim was rejected today on the domain name CloudProvider.com The claim was so bad the one person panel rejected it even in absence of a response by the domain holder. The complainant was XXL Webhosting B.V of Leeuwarden, Netherlands. The complainant didn’t have a registered trademark on the generic term, but they did own several similar domains; cloudprovider.nl, cloudprovider.eu and cloudproviderusa.com The panel rejected the complainant’s claim that they were entitled to the domain ... read more ...
Thu 23rd August 2012
Written by The Domains in EN and tagged
Cosm.Com & Cosm.Net Bought For “Over $55K” Saved In A UDRP - Mithral Communications Design, Inc. brought a UDRP Complaint against the domain names cosm.com, and cosm.net, which the domain holder bought for “over $55,000″. The three member panel ruled in favor of the domain holder despite a Trademark and desipte cosm.net doesn’t even resolve, based of a planned use of the domain name by the holder. Here are the relevant facts and findings: “Complainant claims that it owns rights in its COSM mark by having registered the mark with the USPTO (Reg. No. ... read more ...