Tag Archives: UDRP

Fri 6th July 2012
Written by The Domains in EN and tagged
Even Without Filing A Response, The Domain Holders of SMA.com Wins The UDRP - A three member panel has just ruled in favor of the domain holder on the UDRP brought by SMA Solar Technology of Germany, on the domain name SMA.com. We noted back on May 1st when the UDRP was just filed that the domain holder was not a domainers, and actually a company whose names initials where SMA, Specialized Micro Architects. The panel denied the complaint despite the fact that the domain holder did not even file a response and that the domain had not be actiely used in years and that the company ... read more ...
 
Written by DomainNameWire in EN and tagged
SMA.com spared in UDRP case - Panel rules domain not registered in bad faith. In May I wrote about how the owner of SMA.de — SMA Solar Technology AG — had filed a UDRP to get the domain name SMA.com. A three person World Intellectual Property Organization panel just handed down the verdict: the owner of SMA.com can keep the domain name. The current owner registered the domain name in 1995. SMA Solar Technology became interested in the domain and tried contacting the owner in 2005. It was rebuffed. ... read more ...
Thu 5th July 2012
Written by DomainNameWire in EN and tagged
Wow: check out this panelist’s sardonic anticipating of Reverse Domain Name Hijacking - Panelist goes the extra mile in explanation of reverse domain name hijacking. UDRP panelists are usually reluctant to affirm that a complainant attempted reverse domain name hijacking. But in some cases the facts are so damning that the panelist goes the extra mile to explain why the case is so egregious. This usually happens when the panelist believes he or she was lied to. That’s the case with Houston Putnam Lowry’s decision for MamaMayI.com. The case was brought ... read more ...
 
Written by DomainNameWire in EN and tagged
Vanity.com files lawsuit to retard send of domain name - Lawsuit filed in Arizona to stop transfer of domain name after adverse UDRP determination. Last month a National Arbitration Forum panel handed down a shockingly bad decision over the domain name Vanity.com, ordering the domain transferred to Vanity Shop of Grand Forks, Inc. Now Vanity.com, Inc. has filed a federal lawsuit (pdf) to halt the transfer. Vanity.com had already filed suit in the Northern District of California prior to the UDRP decision. But in order to ... read more ...
 
Written by DomainNameWire in EN and tagged
UDRP row orders stolen 3 minute domain name returned to owner - EZQ.com should belong to EZQuest, rules panel. Last month Michael Berkens wrote about how a UDRP panel affirmed that UDRP is not a forum for recovery stolen domain names. I agree that’s the case — most of the time. Yet over history some complainants have successfully used UDRP to recover stolen three letter domain names. That’s the case with EZQ.com, which was just awarded to EZQUEST, INC. EZQuest says the domain name was stolen earlier this year when the thief ... read more ...
Tue 3rd July 2012
Written by The Domains in EN and tagged
Apple Wins UDRP On Applestor.com, wwwitune.com - A one member UDRP panel awarded Apple two domain names that are pretty obviously typo’s The domain names are applestor.com and wwwitune.com and considering that the domain holder didn’t even respond to the complaint and that the domains were going to parked pages full of links to Apple products the only surprising part of the decision  is how long it was. These types of cases typically have a very short discussion followed by a ruling however, panelist Alessandra Ferreri cited by my count 18 ... read more ...
Mon 2nd July 2012
Written by DomainNameWire in EN and tagged
Facebook says genuine estate organisation is cybersquatting on 30 domain names - 30 domains include “facebook” in them. Facebook has filed a cybersquatting complaint against a San Diego area realty company, claiming that the company is cybersquatting on its famous mark. The complaint with National Arbitration Forum lists thirty total domain names that include the Facebook name andrew are registered to Pellegrino Realty in La Mesa, California: facebookbroker.com facebookclothes.com facebookcupid.com facebookdating.net facebookdirectbuy.com facebookevites.com facebookexchange.com facebookexchange.net facebookgreeting.com facebookgreetings.com facebookhub.com facebookjukebox.com facebooklayoutpimp.com facebooklayoutpro.com facebookmusicstore.com facebookperfectmatch.com facebookpoked.com facebookpokers.com facebookpoking.com facebookpress.com facebookringtones.net facebookshop.net facebooksingles.net facebooksticker.com facebookstickers.net facebookstuff.net facebookthreads.net facebooktones.com pimpmyfacebook.net shopfacebook.net I ... read more ...
Fri 29th June 2012
Written by DomainNameWire in EN and tagged
Apple final iPad3.com domain name - Apple files complaint over iPad3.com domain name. [Update: the registrant of iPad3.com has turned the domain over to Apple.] Apple didn’t name its third generation iPad the “iPad 3″, but that hasn’t stopped most people from calling it that anyway. The company doesn’t own the domain name iPad3.com, but that might change soon. The company has asked an arbitration panel to transfer the domain name to it. Apple filed a case with World Intellectual Property Organization ... read more ...
Thu 28th June 2012
Written by DomainNameWire in EN and tagged
Twitter finally gets Twiter.com domain it won in dispute - Over a half year later, Twitter finally gets high traffic typo. Last year Twitter filed a cybersquatting complaint against the owner of the Twiter.com domain name. Twitter was rightfully upset about the high traffic typo domain as it forward to a “survey” that mimicked the look and feel of Twitter’s own web site. Twitter dropped the case only to refile it shortly thereafter. A UDRP arbitration panel finally ruled in Twitter’s favor in November 2011. But that’s ... read more ...
Wed 27th June 2012
Written by The Domains in EN and tagged
Elizabeth Taylor Trust Gets Awarded LizTaylor.com, .Net & .Org In A UDRP Over Objection Of Planned Sex Change Domain Holder - This is not your typical UDRP. The case involves alleged common law trademark rights, transgendered alter ego’s, and planned sexual reassignment surgery and one very famous deceased actress, Elizabeth Taylor. A one member UDRP panel awarded the domain names, LizTaylor.com, .net and .org to the The Elizabeth Taylor Trust, Interplanet Productions Limited and The Elizabeth Taylor Cosmetics Company . The Complainant is three entities related to the well-known late actress Elizabeth Taylor, who was ... read more ...
 
Written by DomainNameWire in EN and tagged
Lawyers fire customer in feet in dothekindthing.com UDRP - Not so kind. A World Intellectual Property Organization panelist has ruled that the registrant of DoTheKindThing.com can keep her domain name. The case was brought by Kind, LLC f/k/a Peaceworks Holding LLC, which sells Kind snacks. The case is notable for two reasons: 1. Kind’s lawyers, McCarter English, LLP, made some poor decisions in advancing its case. 2. The UDRP panelist recognized the limits of domain arbitration as opposed to courts. First, for the legal ... read more ...
Mon 25th June 2012
Written by The Domains in EN and tagged
The Domain PurpleHeart.com Is Lost In A UDRP - A three member UDRP panel,  has awarded the domain name PurpleHeart.com to the complainant the “Military Order of the Purple Heart  Service Foundation, Inc.” The organization has 4 trademarks on the term in the US, and the oldest one is dated 1998. The organization also has 8 trademarks in the US for the term “Military Order of the Purple Heart” or variations thereof. The domain holder is listed as , WhoIs Privacy Services Pty Ltd / Robert Capps A Purple Heart is a military honor, awarded ... read more ...
Sun 24th June 2012
Written by The Domains in EN and tagged
ICANN: “URS $300-$500 Price Target For URS May Not Be Met” - In a morning session at the ICANN Conference, in what was called an update to the Uniform Rapid Suspension (URS) system “implementation work indicates that the $300-$500 cost target any not be met.” To remind you the URS is suppose to be a quicker faster and cheaper version of the UDRP of “clear cut cases of abuse” a repaid take down of sites. “How can we refashion the URS to get closer to our cost goals and still keep the protection rights for registrants? It has become clear that none ... read more ...
Sat 23rd June 2012
Written by The Domains in EN and tagged
Newest UDRP Complaints; OneLove.com, NetJet.com and Coogle.com - Another day another bunch of UDRP filings including on the domain name,  OneLove.com the famous Bob Marley song which has been used by the Jamaican Tourist Bureau for a number of years in its television commercials Onelove.net was hit with a UDRP a few days ago so although the complainant is unknown at this time,  it appears they are going after both domains. OneLove.com is parked and has a link to Bob Marley so it could be his estate filing the complaint. OneLove.net is going to a Godaddy Placeholder. The ... read more ...
Thu 21st June 2012
Written by The Domains in EN and tagged
Another Generic, The Spanish Word For Coast; Costa.com Gets Hit With A UDRP - Someone just filed a UDRP against the domain name Costa.com Costa is Spanish for the English word Coast. The domain name belongs to Electric Online, Inc. The domain goes to a parking page where results are showing for Costa Cruise Lines. Costa Cruise Lines official site is at costacruise.com and CostaCruise.co.uk Costa Cruise Lines of course owned the Costa Concordia which sank earlier this year. Coast Cruise Lines is owned by Carnival Cruise Lines. The complainant of the UDRP is unknown and could ... read more ...
 
Written by DomainNameWire in EN and tagged
Codecademy beats Code Academy in domain dispute - They may know how to code, but they could work on domain name strategy. Here’s an interesting domain name dispute involving hot startup Codecademy. Codecademy, true to its name, helps people learn how to program. The company made quite a splash earlier this year when it got hundreds of thousands of people to “pledge” to learn how to code this year. Among the pledges was New York City mayor Michael Bloomberg. Although most of the New Years’ resolutions have ... read more ...
Wed 20th June 2012
Written by The Domains in EN and tagged
Vanity.com Lost In A UDRP Despite Pending Federal Court Case: Asking $1M For A Domain Is Bad Faith - In a case that should be VERY troubling for all domain holders the a one member UDRP panel just awarded the domain name Vanity.com to a Vanity Shop of Grand Forks, Inc, a trademark holder, despite the fact that the domain holder already filed a case in Federal Court asking for a declaratory judgement that is was not infringing on the complainant’s trademark. So lets be clear here. The UDRP panel could have, and in our opinion should have, not even ruled in this UDRP since the domain holder ALREADY  ... read more ...
Tue 19th June 2012
Written by DomainNameWire in EN and tagged
MediaSet.com preference reversed, owners can keep domain - MediaSet.com can remain with domain registrant. In April I wrote about how a court had apparently ruled that Italy’s largest broadcaster, MediaSet, had rights to the domain name MediaSet.com. MediaSet is controlled by former Italian Prime Minister Silvio Berlusconi. MediaSet had lost a UDRP for the domain name back in February. That case was defended by ESQwire.com. But then MediaSet got a court in Rome to order the domain transferred to MediaSet. The latest decision ... read more ...
Mon 18th June 2012
Written by The Domains in EN and tagged
3 Member UDRP Panel Affirms Parking As A Legitimate Use Of A Domain Against TM Holder: ERAM.com - A three member UDRP panel just denied a complaint on the domain name ERAM.com brought by ERAM SA. I’m not going to go into detail facts of the case, that was brought against Vertical Axis and defended by Ari Goldberger You should know that ERAM had a Trademark on the term and is a large company that generates some 1,734 billion Euros in revenue. I just wanted to point out this language of the panel as it related to the parking of a domain name: “”At the heart of this case is the question of ... read more ...
 
Written by DomainNameWire in EN and tagged
Paul Keating somehow wins Taget.com UDRP - Shoddy work by Target’s lawyers may have let domain owner off the hook. Domain attorney Paul Keating has successfully defended Quinv S.A. against Target Brands and a UDRP it filed over Taget.com. Now, first things first: Taget.com isn’t necessarily a typo of Target.com. There are plenty of legitimate reasons to own this domain and ways you can use it without running afoul of cybersquatting rules. But Target claimed the domain forwarded through a series of URLs ... read more ...
Sat 16th June 2012
Written by The Domains in EN and tagged
Rick Schwartz Wins The UDRP On SaveMe.com & Get A Finding Of Reverse Domain Name Hijacking - A three member panel not only ruled in favor of Rick Schwartz’s company  eRealEstate.com on the UDRP on the domain name SaveMe.com, but the panel found the complainant engaged in abuse of process amounting to Reverse Domain Name Hijacking. Mr. Schwartz was represented by Howard Neu, Esq. Here are the relevant facts and findings: “The Complainants are corporations incorporated in Brazil.” “Since mid-2010, the Complainant has operated a daily deals website at “www.saveme.com.br”.  The ... read more ...
Fri 15th June 2012
Written by The Domains in EN and tagged
UDRP Panel Affirms Its Not The Forum For Recovery Of Stolen Domains As It Turns Down RareCoins.Com + 6 More - A three member panel just affirmed what we pretty much knew already that the UDRP is not a proper forum for the recovery of allegedly stolen domain names. In this case, Austin Rare Coins, Inc. brought the UDRP to recover 8 domain names they alleged were stolen by a Hoa Nguyen. The domains at issues were: acoins.com austinreport.com goldcoins.org goldinfo.ne goldprices.com rarecoins.com rarecoins.org silverinfo.net The panel rejected the Austin’s claim that they had common law trademark rights in ... read more ...
Thu 14th June 2012
Written by The Domains in EN and tagged
WallStreet.com Hit With A UDRP - I think qualifies as a “Wow” The domain name WallStreet.com has been hit with a UDRP. The complaint is Wall-Street.com, LLC. Wall-Street.com has an original creation date of April 24th 1995 WallStreet.com which has been sold a few times now is showing an original creation date of only November 2010. WallStreet.com site is just  registrar placeholder. The domain is registered with NetNames.com which is a brand protection company. The placeholder does not have “ads” on the page but does advertise ... read more ...
Tue 12th June 2012
Written by DomainNameWire in EN and tagged
High trade Google typo oogle.com strike with UDRP - Complaint filed against domain that sends traffic to survey and adult sites. A complaint has been filed with National Arbitration Forum over the high traffic domain name oogle.com. National Arbitration Forum does not disclose the name of complainants until a case is decided, but you can bet good money that Google filed the dispute. A poster on domain forum DNForum in April claimed that the site received 450,000+ unique visitors a month, undoubtedly from people who ... read more ...
Fri 8th June 2012
Written by The Domains in EN and tagged
Telepathy Represented By Ari Goldberger Beats Another UDRP, This Time On INW.com - Instrumentation Northwest, Inc. of Seattle, Washington, brought a UDRP on the three letter domain name INW.COM which is owned by Telepathy, Inc. of Washington, and who was  represented by ESQwire.com. Here are the relevant facts and findings by the three member panel: “Complainant is a supplier of water monitoring and sampling systems in the environmental field. Complainant has used the mark INW since 1986 in connection with its offerings.” “Complainant registered the mark INW on the Principal ... read more ...