Tag Archives: UDRP

Thu 23rd August 2012
Written by DomainNameWire in EN and tagged
Oakley finds that UDRP is not a surefire approach to take down a tawdry web site - If a domain name says the goods are fake, that’s not confusingly similar. On the face of it, it might seem appealing for a trademark owner to use UDRP to take down a web site selling counterfeit goods. But trademark holders need to understand that UDRP is for cybersquatting, and not all sites selling counterfeit goods meet the three requirements of winning a UDRP. The latest example is Oakley, which failed to recover the domain name MyFakeOakleySunglasses.com. It’s ... read more ...
Wed 22nd August 2012
Written by DomainNameWire in EN and tagged
North Carolina food smoothness use files UDRP opposite Takeout.com - Local restaurant food delivery service wants a big prize: Takeout.com. Oh, I can’t wait to see the result of this UDRP! A North Carolina company that delivers food from local and chain restaurants has filed a UDRP for the domain name Takeout.com. The complaint was officially filed by Tarheel Take-Out, LLC, which runs the web site TarheelTakeout.com. According to the founder’s LinkedIn profile, he also owns RaleighTakeout.com. Takeout.com was originally registered ... read more ...
Mon 20th August 2012
Written by DomainNameWire in EN and tagged
UDRP panelists don’t do their pursuit determining retreat domain name hijacking - Panelists don’t always consider RDNH when asked, and both WIPO and NAF don’t seem to care. On Friday I wrote about the UDRP decision for AboutDotMed.com et al. This morning I read the decision for J-brand.com. In both cases the respondents won. In both cases the respondents asked for reverse domain name hijacking. But in neither case did the panelist make a decision (either way) about reverse domain name hijacking. Yet the World Intellectual Property Organization ... read more ...
Fri 17th August 2012
Written by DomainNameWire in EN and tagged
DotMed applicant survives UDRP conflict on the .med code domain names - Panel sees through seemingly spurious claims by medical equipment seller. .Med applicant HEXAP SAS has staved off an attack on its promotional web sites aboutdotmed.com, supportdotmed.com and thedotmed.com in a UDRP. The company behind medical supplies company DotMed.com filed the complaint in June. DotMed.com has nothing to do with top level domain names, but it has applied for a trademark for “dotmed” as a top level domain. It has also been battling trademark ... read more ...
Wed 15th August 2012
Written by The Domains in EN and tagged
UDRP Panel Refuses To Hand Over Newmd.com to Owner of TM For NueMd - A one member UDRP panel just rejected the claim of the trademark holder of NeuMd seeking to take away the domain name NewMd.com” “Complainant filed for registration of its NUEMD mark with the United States Patent and Trademark Office on August 16, 2000.” ” The registration was accepted on January 29, 2002 and was effective as of August 16, 2000. ” “The Complainant has used its mark in connection with marketing healthcare management software.  Moreover, Complainant owns nuesoft.com and ... read more ...
Mon 13th August 2012
Written by The Domains in EN and tagged
Generic DietCenters.com Hit With UDRP - The generic domain name DietCenters.com just got hit with a UDRP filing. The domain name with an original registration date of 1997. The domain goes to a directory of called the Diet Centers Directory Directory, which has links to some site and some  PPC type of links but is not a traditional parked page. The complainant is a company named Diet Center Worldwide, Inc. which seems to hold, in addition to others several trademarks on the term “Diet Center” but which does not appear to have a trademark ... read more ...
 
Written by DomainNameWire in EN and tagged
Company turns to courts to save stolen EZQ.com domain name - Even after winning UDRP, company has to turn to courts to save stolen domain name. Last month I wrote about how EZQUEST, INC had won back control of its domain name EZQ.com through a UDRP decision. The company said the domain name had been stolen from its Go Daddy account. A Domain Name Wire reader sent me a link to an article showing that the battle is far from over. Apparently the alleged thief of the EZQ.com domain name filed some sort of lawsuit in China over ... read more ...
Fri 10th August 2012
Written by The Domains in EN and tagged
Generic Domain Name Buff.com Hit With A UDRP From Owner Of Buff.eu - The domain name Buff.com has just been hit with a UDRP The complainant is Original Buff, S.A. which owns a Trademark on the term Buff in many countries but seems like the main one is spain. In the US it looks like the trademark was just filed in 2011. It looks like Buff’s offical site is at buff.eu Looks like Buff makes scarves and buffs like you see on Survivor. The domain is owned by Buff Blog with a current creation date of 1997. The domain is not active and goes to a 404 page. According to ... read more ...
 
Written by DomainNameWire in EN and tagged
Wow: Craigslist loses Craigslists.com domain dispute - UDRP panel doesn’t understand that page is just an automated parked page. Online classifieds site Craigslist has lost a case against one Craig Solomon for the domain name CraigsLists.com (note the extra ‘s’ at the end). The National Arbitration Forum panel relied heavily on laches — Craigslist’s delay in filing the dispute — in coming to its determination. Although that’s great news for domain investors, at the end of the day I think the panel was duped. The ... read more ...
Thu 9th August 2012
Written by The Domains in EN and tagged
Vertical Axis Loses UDRP On Tytan.com But Gets A LONG Dissenting Opinion - Vertical Axis after a nice string of wins, just lost a UDRP on the domain name tytan.com The three member panel voted 2-1 in favor of the trademark holder but the honorable Neil Brown in well reasoned dissent made the argument of why the case should have went for the domain holder. Here are the relevant facts and findings by the panel: “Since at least 1997, Complainant has produced and marketed foam and sealant products used in the construction of buildings and houses.  B “Beginning in 1997, ... read more ...
 
Written by The Domains in EN and tagged
In The Last Of A Trio Of Cases Already In Federal Court, A UDRP Panel Finally Refuses To Rule - In the last couple of weeks we have cited two UDRP cases in which they domain holder had already filed a federal court action for declaratory judgement and the UDRP panel decided the case anyway. Today a UDRP panel finally did the right thing and passed on ruling on the UDRP based on the pending federal court case in a UDRP on the domain name Triba.com The previous two cases involved the domain name Vanity.com, which ruled in favor of the “trademark holder” despite a federal lawsuit, while  ... read more ...
 
Written by DomainNameWire in EN and tagged
Amazing! If we hunt for duck in a hunt box, you’ll get duck associated results - Lawyer manipulates parked page links in UDRP. Here’s a fun fact: if you search for “chicken” in the search box of a parked page, you’ll get search results related to chicken. And if you are a complainant basing your allegations of targeted infringement on said search results, you’re probably not going to win your case. That’s what just happened with a case brought by Raising Cane’s USA, LLC. The company owns chicken finger restaurants and apparently ... read more ...
Wed 8th August 2012
Written by The Domains in EN and tagged
Seminole Tribe of Florida Loses UDRP On SeminoleCasino.com & SeminoleGaming.com - The Seminole Tribe of Florida which operates in conjunction with Hard Rock, the Hard Rock Seminole Casino’s in Hollywood Florida and in Tampa, Florida just lost a UDRP on three domain names, seminolecasino.com, seminolegaming.com and casinoseminole.com. The domain holder is M.M.Commerce of  Florida  which seems to be the original registrants of the domain going back to 2004. The official site for the Hollywood casino is Seminolehardrockhollywood.com and for Tampa its, Seminolehardrocktampa.com The ... read more ...
Tue 7th August 2012
Written by The Domains in EN and tagged
Caesars World Loses UDRP Bid For CaesarsEntertainment.com To A Massage Parlor in Thailand - Caesars World, Inc the company that owns Caesars Palace, just lost a UDRP on the domain name caesarsentertainment.com. The domain is owned by P.T.Complex Co.,Ltd (“Respondent”) which operates a massage parlor by the same name in Thailand. I knew that would get your attention. So the UDRP panel recognizing that parties were already in litigation, passed on making a ruling on the UDRP leaving the courts to decide. This is markedly different from the panel in Vanity.com UDRP, which despite pending ... read more ...
 
Written by The Domains in EN and tagged
Ari Goldberger Beats Back UDRP on Costa.com - In a UDRP decision just handed down, the domain holder beat back a challenge on the domain name Costa.com The Complainant wound up being Cross Optical Group, Inc. (“Complainant”), the domain holder, Electric Online, Inc. (“Respondent”), was represented by Ari Goldberger of ESQwire.com Law Firm, New Jersey. Another good decision for domain holders as Costa is a generic term and means Coast in Spanish. Here are the facts and findings by the three member panel: “Complainant alleges that it ... read more ...
 
Written by The Domains in EN and tagged
A One Person UDRP Panel Comes To A Spilt Decision On 106 Domains Brought By Match.com - Match.com just won a UDRP on 104 of 106 domain names owned by one party,  by a “split decision”. A split decision might be easy to understand if it was a three member panel, but in this case it wasn’t. A one member panel came to a split decision by giving 104 of the 106 domain name sort under the UDRP to the trademark holder, strangely finding that two of the domains could mean something else other than being a typo of Chemistry.com or Match.com both owned by IAC. The complaint was brought ... read more ...
 
Written by DomainNameWire in EN and tagged
Living Social finally goes after LivingSocal.com, though owners has a good defense - LivingSocal.com — a typo of LivingSocial.com or short for Living SoCal? Last year Living Social started to go after a number of typo domain names through UDRP. I expressed concern about the domain name LivingSocal.com. Unfortunately, I called this one. LivingSocial just filed a UDRP against LivingSoCal.com. (The complainant’s identity hasn’t been unveiled, but it’s a good bet.) Is it a typo of LivingSocial.com? Sure, it’s off by one letter. But SoCal is ... read more ...
 
Written by DomainNameWire in EN and tagged
Wednesday domain news roundup - I’m on vacation for a couple weeks. I’ve got posts queued up for each day, but WordPress often “misses schedule” on posts. Anyhow, I’ll be a little slow on approving comments that get caught in moderation. I’ll also miss a story here and there. Here are some interesting domain news stories from around the web the past couple days, in condensed form. Michael Blend has been promoted at Demand Media. Michael has a long history in the domain industry and is ... read more ...
Mon 6th August 2012
Written by The Domains in EN and tagged
UDRP Panel Rejects Claim On Navista.com, Owned By The Same Company That Owns UDRPSearch.com - A One person UDRP panel rejected the claim of Navista S.A. of Perpignan, France on the domain name Navista against the domain holder/Respondent, Virtual Point Inc. dba CrossPath, who was represented by Mike Rodenbaugh. Virtual Point, Inc. says it has been involved in the development of several sites including UDRPSearch.com The domain holder has already filed a federal lawsuit in the District Court to halt any transfer ordered by the Panel and to recover certain compensation from the Complainant, ... read more ...
 
Written by DomainNameWire in EN and tagged
Vikings’ Adrian Peterson fights for adrianpeterson.com - NFL running back chases domain name. [Update: Adrian Peterson lost, mostly because his lawyer screwed up.] A domain name arbitration case for adrianpeterson.com has been filed with National Arbitration Forum. Although National Arbitration Forum doesn’t publish the name of the complainant until a dispute is decided, you can bet the case was filed by Minnesota Vikings player Adrian Peterson. Historical screenshots of the page show that it used to resolve to some ... read more ...
Fri 3rd August 2012
Written by The Domains in EN and tagged
Domain Holder of The IDN, Cabañas.Com Beats Back A UDRP Challenge By The Owner of Cabanias.com - A three member UDRP panel just ruled in favor of the domain holder  of the IDN domain name which means CABAÑAS.COM The Complainant was Marco Rafael Sanfilippo of Buenos Aires, the owner of the domain name cabanias.com and the owner of a trademark for the term CABAÑAS in several countries. The domain holder is Estudio Indigo of Buenos Aires, who was represented by  Zac Muscovitch of The Muscovitch Law Firm, Canada.  The UDRP involved a IDN which officially is listed as xn--cabaas-zwa.com, but ... read more ...
 
Written by DomainNameWire in EN and tagged
Nat Cohen wins retreat domain name hijacking assign opposite sauna for SHA.com - Spanish spa and wellness center brought UDRP in bad faith. Nat Cohen’s Telepathy has successfully defended the domain name Sha.com from an attack by Albir Hills Resort, S.A., known as SHA Wellness Clinic. The panel also determined that SHA Wellness Clinic was guilty of attempting reverse domain name hijacking. I’ve got to say, this was a no brainer for the three person panel. First, SHA’s attorney said the resort had been “operating in the market for 15 years”. ... read more ...
Thu 2nd August 2012
Written by The Domains in EN and tagged
Vertical Axis Beats Back A UDRP On “A Misspelling of a Common Dictionary Word” Detur.com: By A 2-1 Decision - Vertical Axis Inc represented by Ari Goldberger, beat back a UDRP on the domain name Detur.com, which was described by the panel as being “A Misspelling of a Common Dictionary Word.” The domain was parked and available for sale. The Complaint was brought by  Detur International B.V. (“Complainant1”) of Amsterdam, Netherlands and Tatil Seyahat Turizm Anonim Şirketi (“Complainant2”) of Istanbul, Turkey. The decision was decided by a three member panel which voted 2-1 in favor of the domain ... read more ...
 
Written by DomainNameWire in EN and tagged
Ari Goldberger gets another UDRP win for Kevin Ham - Vertical Axis can keep Detur.com domain name. Kevin Ham’s Vertical Axis has won a UDRP over the domain name Detur.com with the help of domain name attorney Ari Goldberger of ESQwire.com. The complaint was brought by Detur International B.V., a tourism company that started in Turkey. Among Detur’s complaints: that the domain name linked to travel sites and that it forwarded to snog.com, which it characterized as a site with “sexy photos”. Vertical Axis claimed ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP row orders VS4.com transferred - Three character domain name lost in UDRP. A single member UDRP panel has ordered the domain name VS4.com be transferred to adult entertainment company VS Media, Inc. The company claims trademark rights to the term VS. It also owns the domain names VS1.com, VS2.com, and VS3.com. The owner of the domain name didn’t respond to the accusations. From what I can tell, the whois record for the domain name changed shortly before the case was filed. At that time, the email ... read more ...