Tag Archives: UDRP

Wed 16th May 2012
Written by The Domains in EN and tagged
Wow Now The UDRP Thing Is Officially Crazy As A Complaint Is Filed Against Vanity.com A Fully Developed Site - A complaint was just filed with the World Intellectual Property Organization (WIPO) on the domain name Vanity.com. Beyond the fact that an undisclosed complainant is trying to take away a dictionary word domain, the even more shocking part is that the domain name is not parked, not inactive but a fully developed site owned by a company named Vanity.com, Inc. The site has a members area and has sections for Fashion, Beauty, Cosmetic Surgery, well all things about vanity. The case number is 1443435. The ... read more ...
 
Written by DomainNameWire in EN and tagged
UK insurer initial to remove .xxx dispute - Request for .xxx domain name denied. United Kingdom insurance company BGL Group Limited, better known as CompareTheMarket.com, is the first complainant to lose a UDRP for a .xxx domain name. The company filed the complaint against UK resident Jon Watkins, who registered the domain back in December when .xxx became generally available. But as I’ve argued previously, it can be rather difficult to prove bad faith in the registration of a .xxx domain name. Most complainants ... read more ...
Tue 15th May 2012
Written by The Domains in EN and tagged
StocktonGolf.com Lost In A UDRP Based Off A Common Law Trademark To Golfer Dave Stockton - A one member UDRP panel has just awarded a pretty generic domain name StocktonGolf.com to  StocktonEnterprises, Inc. a company owned and operated by  professional golfer, Dave Stockton, a 10-time PGA Tour winner and a 14-time Champions Tour winner. The panel rejected that the domain represented the city of Stockton and terms related to Golf. The panel found that the ““Stockton” name is, and has been, synonymous with professional golf since at least the early 1970s and awarded the domain to ... read more ...
 
Written by The Domains in EN and tagged
On The Same Week of Its IPO, Facebook Files a UDRP To Gain Control Of Facebook.info - Facebook, Inc. has just filed a UDRP with the World Intellectual Property Organization (WIPO)  to gain control of the domain name Facebook.info The domain Facebook.info was 1st registered in 2004. The domain is not parked, but rather has a choice of taking you to its Twitter account or to something its calls Forum.Facebook.info Many of the posts on the “forum” have such titles as “Copy Breitling Emergency Watch For Sale”, download Friends With Benefits, and “Watch Bad Teacher Online” ... read more ...
 
Written by The Domains in EN and tagged
Domainer Alton Flanders Beats Back UDRP ON CondomWorld.com -   Alton Flanders represented by John Berryhill, just beat back a UDRP on his domain name CondomWorld.com The complaint was bought by Nicholas Perez who claimed he owned an US Trademark on the term CONDOM WORLD and common law rights to the term. The complaint said he uses the term as the name of retail stores that sell condoms and other adult-oriented products in Puerto Rico. Here are the relevant facts and findings from the one man Panel said: “”There can be no bad faith registration of the ... read more ...
Mon 14th May 2012
Written by The Domains in EN and tagged
SHA.com Becomes Lastest 3 Letter Domain To Have UDRP Filed Against It - A UDRP has been filed for another three letter .com domain name The UDRP was filed by Albir Hills Resort, S.A. against the domain SHA.com SHA.com is owned by Telepathy, Inc. The complainant does own a federal US Trademark on the term SHA with a filing date of July 27, 2007 and a registration date of August 26, 2008 According to DomainTools.com, Telepathy has owned the domain name since October 22, 2001 which is the oldest record they have on file for the domain. Although the domain name is parked ... read more ...
 
Written by DomainNameWire in EN and tagged
Now this is a artistic UDRP argument - You violated someone’s rights when you registered the domain, even if it wasn’t our rights. Think you’ve seen them all? Here’s a very creative argument from Stabilus GmbH, maker of electronic tailgate openers, on why a UDRP panel should give it the domain powerise.com. Stabilus started using the “Powerise” term in commerce back in 2008. But the domain was been registered in 2002. Under the guidelines of UDRP, the registrant couldn’t have registered the ... read more ...
Fri 11th May 2012
Written by DomainNameWire in EN and tagged
Marchex successfully defends geo domain name in UDRP - Panel rules company can keep Norcross.com domain name. Marchex has successfully defended the domain name Norcross.com in a UDRP with the help of domain name attorney John Berryhill. Marchex acquired the domain when it bought Yun Ye’s Ultimate Search portfolio. Norcross is a suburb of Atlanta and the parked page at Norcross.com has shown links related to Georgia, hotels, etc. The complainant, Norcross Corporation, sells viscosity equipment. While I’ll applaud ... read more ...
Thu 10th May 2012
Written by DomainNameWire in EN and tagged
ConnectedWorld.com UDRP challenged in court - Case filed in Arizona to halt transfer of domain name. A Texas man has filed a suit for declaratory and injunctive relief to halt the transfer of ConnectedWorld.com, a domain name he lost in a recent UDRP decision. In the suit (pdf), Jeffrey Smith claims he has been working on a social network for eldercare since 2008. When the domain name ConnectedWorld.com came up for auction last year, he paid $7,100 to acquire the domain name. Earlier this year, Specialty Publishing ... read more ...
 
Written by DomainNameWire in EN and tagged
Pepper.com.au eliminated in weird case - Who actually owns this domain? A World Intellectual Property Organization (WIPO) panel has ordered the domain name Pepper.com.au be transferred to Pepper Australia Pty Ltd, a home loan company. The case was filed under .au Dispute Resolution Policy, which is different from the standard UDRP. Compared to UDRP, the .au policy is more lax on proving rights in a mark. It also requires only bad faith registration or use, not bad faith registration and use. That said, how ... read more ...
Wed 9th May 2012
Written by The Domains in EN and tagged
eLeader.EU WINS The UDRP On eLeader.com: “The Fact The Trademark Registration Was Granted After The Domain Name Was Registered Does Not Prevent A Finding Of Confusing Similar” - Yesterday we wrote about a UDRP being filed by the owner eLeader.eu against eLeader.com. However the case was actually decided yesterday by the Czech Arbitration Court (CAC) who awarded the domain name to the owner of eLeader.eu which is a company out of Poland. Its another decision in my opinion one in which the panel decided it was going to give the domain to the TM holder and then found a way to hand it over saying that: “”” The fact that the registration of this trademark was granted after ... read more ...
 
Written by DomainNameWire in EN and tagged
Jay-Z files domain dispute - Entertainer files complaint about JayZGroup.com. Rapper and producer Shawn Carter, better known as Jay-Z, has filed a complaint with World Intellectual Property Organization (WIPO) over the domain name JayZGroup.com. The domain name is currently registered to someone in Hazel Park, Michigan. The current registration dates to 2009, but the domain was previously registered and then expired. Oddly, the web site features the works of various unrelated artists. This is ... read more ...
 
Written by DomainNameWire in EN and tagged
“If we don’t sell me your domain for $2,000, I’ll record a UDRP” - Company that makes UDRP threat found guilty of reverse domain name hijacking. “If you don’t sell me your domain for $2,000, I’ll file a UDRP against the domain name.” That’s effectively what a United Kingdom company threatened against the owner of the domain name edgePOS.com, according to the findings of a recent UDRP decision. John Henderson (Holdings) filed a UDRP complaint against Xiaodong Zhang of Austin, Texas, over the domain name. Zhang said he registered ... read more ...
Tue 8th May 2012
Written by The Domains in EN and tagged
eLeader.Eu Files UDRP Against eLeader.com - The owner of the domain name name eLeader.eu has just filed a UDRP against the owner of the domain name eLeader.com According to eLeader’s site, it is: “one of the world’s top mobile innovators in the smartphone business software market, with experience from the beginning of the smartphone industry.” “eLeader’s state-of-the-art mobile enterprise solutions and associated cloud services are used today by global and national companies in over 50 countries worldwide.” The corporation filing ... read more ...
Mon 7th May 2012
Written by DomainNameWire in EN and tagged
Another 3 minute .xxx domain name mislaid in UDRP - BGZ.xxx given to bank in Poland. .xxx UDRP cases present some interesting scenarios that are not common amongst other top level domains. For example, if the .xxx domain name at issue is just three letters and it doesn’t resolve, how do you prove that it was registered in bad faith? How can the complainant prove that it was the intended “victim” of the registration? This was first brought up in a case for HEB.xxx. HEB.xxx didn’t resolve, so it would have been ... read more ...
 
Written by DomainNameWire in EN and tagged
Why BuyDomains’ lawsuit over FACI.com creates sense - Lawsuit over FACI.com is about more than just a single domain name. In April I wrote about how a WIPO panel “stole” FACI.com from BuyDomains (NameMedia) in a faulty UDRP decision. I also mentioned that I hoped BuyDomains would turn to the courts to over the issue. On Friday George Kirikos noticed that the company did indeed turn to the courts, filing a lawsuit in Massachusetts. The suit is fairly bread-and-butter for declaratory and injunctive relief. NameMedia ... read more ...
 
Written by DomainNameWire in EN and tagged
Owner of Despair.net sues to retard send to Despair, Inc. - Now that’s demotivating. The owner of the domain name Despair.net has filed a lawsuit (pdf) against Despair, Inc., maker of “demotivational” products, to block a UDRP decision on the domain name. Despair, Inc. filed a UDRP against the despair.net domain name on March 20. The case was weak, but the registrant (Darren L. Dittrich) of the domain name apparently didn’t receive notice of the dispute until after the decision was handed down. Since Dittrich didn’t ... read more ...
Sat 5th May 2012
Written by The Domains in EN and tagged
GirlsGoneWild Loses Its 1st UDRP On GirlsGoneWild.name & The Domain Holder Didn’t Even Defend It - Path Media Holdings, LLC (“Complainant”) just suffered what appears to be its 1st loss on a UDRP on its Girls Gone Wild Trademark on the domain name girlsgonewild.name And here’s the most amazing part, the domain holder did not even respond to the complaint. At the end of the day, the domain name at issue was registered a year before the trademark was filed and the pre-registration of the domain to the trademark carried the day. Here are the relevant facts and findings by the panel: Complainant ... read more ...
Fri 4th May 2012
Written by The Domains in EN and tagged
UDRP Thinks 32x.com Is “Identical or Confusingly Similar” to TM For 32Red & Gives Away The Domain - Well another day another horrible decision A three member UDRP panel just gave away the domain name 32x.com to the Trademark holder of 32Red. I have no idea of how 32x.com is “Identical or Confusingly Similar”  to a trademark for 32Red but that is what the panel found.  The panel also disregarded the fact that the complaints waited some six years before bringing the complaint. John Berryhill represented the domain holder. The complaint was brought by two Complainants. The first complainant ... read more ...
Wed 2nd May 2012
Written by DomainNameWire in EN and tagged
Mastercard loses another Priceless case - Mastercard is devaluing its “Priceless” mark. Last Friday I wrote about how Mastercard lost UDRP cases for pricelessistanbul.com and pricelessamsterdam.com. It just lost another case (pdf), this one involving pricelesslondon.com, pricelessparis.com, pricelessnewyork.com, pricelesslosangeles.com and pricelessmexico.com. Why is Mastercard suddenly going after PricelessCity domain names? It appears to be related to its move to associate its “Priceless” trademark ... read more ...
Tue 1st May 2012
Written by The Domains in EN and tagged
UDRP Filed on A 3 Letter Domain, SMA.com Owned By A Non-Domainer - A UDRP has just been filed by SMA Solar Technology AG for the three letter domain, SMA.com Here’s the really scary part The owner of the domain is not a domainer. The domain is owned by Specialized Micro Architects, a company’s who initials match the domain SMA. The domain was first registered in 1995. The oldest record on DomainTools.com for the domain is from 2001 and at that time the current domain owner owned the domain. The domain does not currently resolve and Screenshots.com had nothing ... read more ...
 
Written by DomainNameWire in EN and tagged
Owner of SMA.de files UDRP opposite SMA.com - Spinning the wheel in UDRP roulette. SMA Solar Technology AG has filed a UDRP case with World Intellectual Property Organization for the domain name SMA.com. SMA.com belongs to Specialized Micro Architects. It was originally registered in 1995 and currently has an expiration date of 2017. The oldest whois record at Domain Tools shows that Specialized Micro Architects has owned the domain since at least 2001, although it may have been the original registrant. The most ... read more ...
Mon 30th April 2012
Written by The Domains in EN and tagged
BuyDomains.com Gets Hit With 3rd UDRP In A Week With Visible Difference.com - Buydomains.com just got hit with another UDRP this time on the descriptive term VisibleDifference.com The complainant this go around is the worldwide cosmetic brand of Elizabeth Arden which uses the term for a skin care product. The domain name is parked and pulls up results for anti-aging skin products and other skin cremes. However I couldn’t find a Trademark in the USPTO for the term registered to Elizabeth Arden.  I did find a Trademark on the term that belongs to Eli Lilly for a skin cream.  ... read more ...
 
Written by DomainNameWire in EN and tagged
This could have been retreat domain hijacking had a domain owners responded… - Your comadre wouldn’t approve. The National Arbitration Forum has found against Texas company Comadre Commerce, LLC in arbitration over the domain name Comadre.com. This is despite the owner of the domain name not responding. Had the owner responded, this case could have been an easy case of reverse domain name hijacking. First things first, comadre is a generic term meaning “godmother” in Spanish. Second, Comadre Commerce said it had a trademark registration ... read more ...
Sat 28th April 2012
Written by The Domains in EN and tagged
George Kirikos of Leap.com, Gets Hit With A UDRP On A 4 Letter Domain: Pupa.com - Our resident ICANN expert George Kirikos of Leap.com,  just got hit with a UDRP on a 4 letter .com. Not unlike the UDRP that went against BuyDomains.com this week for Faci.com, another complainant is playing the UDRP lottery by trying to grab the domain name Pupa.com How generic is Pupa? A search under Google for Pupa returns a wikipedia.org entry for the term in the 1st position. Pupa is “A pupa (Latin pupa for doll, pl: pupae or pupas) is the life stage of some insects undergoing transformation. ... read more ...