Tag Archives: UDRP

Tue 16th March 2010
Written by DomainNameWire in EN and tagged
Another French City Loses Fight for Geo Domain Name - Tignes loses domain name dispute for Tignes.com. Ah, France. Beautiful vistas, tasty food, and governments that think they have all rights to their city names. Following in the footsteps of Paris, Tignes has lost a UDRP for the domain name Tignes.com. Commune de Tignes originally filed a complaint against the domain owners in Tribunal de grande instance de Lyon (French Court), arguing that the domain name infringed the Complainant’s figurative trademark TIGNES. ... read more ...
Mon 15th March 2010
Written by DomainNameWire in EN and tagged
New UDRP Goes into Effect Today – Still No Response from ICANN - Yes, we do disagree on that. I think that if we *had to* balance the interests, I do not hold domain owners up as more important than ethical and free trade. But, I can respect your position as being simply one of differing values. However, I don’t see that any legitimate registrants could possibly be harmed by this. *Legitimate* registrants are those who stay far from others’ IP rights and who update their Whois information. Seems kind of easy to do. Also, I disagree with ... read more ...
Thu 11th March 2010
Written by The Domains in EN and tagged
Another Generic Domain Lost In WIPO When Domain Holder Fails To Respond: 7Days.com - In a WIPO decision issued today a pretty generic domain domain,  7Days.com was awarded to a the owner of a trademark registered in Greece and Portugal. Although the domain was parked, none of the links were alleged to go to the trademark owners site or competitors site, just a general parking page. “”The Panel finds on the undisputed evidence of the Complainant that the Respondent has not used or made demonstrable preparations to use the Domain Name for a bona fide offering of goods or services. ... read more ...
 
Written by DomainNameWire in EN and tagged
American Express Wants .Me Domain, Samsung Goes After ccTLDs - American Express gets into .me UDRP game, Samsung starts collecting ccTLDs. American Express has joined a list of companies to use domain name arbitration to get their .me domain names. The company filed a complaint with WIPO for AmericanExpress.me, which is owned by a New Jersey resident. The domain currently has a GoDaddy parking page. First ad? “American Express® Cards”. Other companies/brands to get their corresponding .me domain names through UDRP ... read more ...
Wed 10th March 2010
Written by DomainNameWire in EN and tagged
Typo? CanadaDrugs.com vs. CanadaRugs.com - Online pharmacy argues “Rugs” is merely a typo of “Drugs”. Take two of these andfire your lawyer in the morning. Here’s an interesting UDRP case from National Arbitration Forum. The company that runs CanadaDrugs.com, a popular online pharmacy, filed a complaint against the owner of CanadaRugs.com, which is a parked page featuring links for rugs. CanadaDrugs.com tried to argue that the owner of CanadaRugs.com was typosquatting: Complainant submits that ... read more ...
 
Written by DomainNameWire in EN and tagged
Marchex Gets UDRP Win with Clara.com, Robot Blocking Justified - Company defends generic domain name and explains legitimate reasons for blocking robots.txt from parked domain names. Marchex subsidiary MDNH has successfully defended the domain name Clara.com from an attack by a magazine publisher in Spain. Complainant Rba Edipresse, S.L. owns a magazine called Clara, and argued that it should get the domain name because it has trademarks for the term “Clara” and that Marchex hadn’t used the domain name since it was registered. ... read more ...
Tue 9th March 2010
Written by The Domains in EN and tagged
WIPO: Another Horrible Inconsistent Decision: “Constructive Notice Does Not = Bad Faith” - In yet another shoot from the hip WIPO decision this one involving the domain SkyWaterSystems.com, the sole panelist found that even though the Complaint and the Domain Holder were in the same type of business,  there is not necessarily any confusion. “””As far as the record here reveals, however, the water-related systems offered by the parties here are not strictly, as Complainant asserts, in direct competition with one another. As the Panel understands it, Complainant produces water from ... read more ...
Fri 5th March 2010
Written by The Domains in EN and tagged
WIPO Takes 13 Year Old Domain Sporto.com: Saying “UDRP Does Not Operate On A Strict Doctrine of Precedent - In a WIPO decision a sole panelist took away a domain registered by the domain holder in 1997, that’s 13 years ago. The domain at issue is sporto.com Over the years, the domain has been used many different ways including as a developed site but also for a period of time as a parked page. This case again turned on the bad faith issue. The policy on bad faith is pretty clearly written: “””C. Registered and Used in Bad Faith “”Paragraph 4(a)(iii) of the Policy reads as follows: “You are ... read more ...
Wed 3rd March 2010
Written by DomainNameWire in EN and tagged
Coming Mar 15: File a UDRP for 500 EUR - Domain name arbitration company offers lower fees for “simple” cases. Czech Arbitration Court, one of the providers of arbitration services under Uniform domain-name Dispute Resolution Policy (UDRP), is slashing fees to 500 EUR per case effective March 15 for certain cases. The 500 EUR fee will apply only in cases where the respondent does not reply to the complaint, and in which “there is no need for Panellists to produce a detailed decision”. If the domain ... read more ...
Mon 1st March 2010
Written by DomainNameWire in EN and tagged
Baby Products Company Loses Battle Against Bisexual Web Site - Baby products company loses fight with bisexual dating site. UPDATED: Lamprecht AG, which owns the bibi brand of childrens products, has lost its attempt to get the domain name bibibaby.com. What makes this even more interesting is that the domain name was originally registered for a bisexual dating site. The owner of the domain name stated that she registered the domain name because “‘bibibaby is in fact a word play in English referring both to bisexuality ... read more ...
Thu 18th February 2010
Written by DomainNameWire in EN and tagged
Verdict Reached in PaperSnowflake.com Domain Dispute - This case was over before it even began. I was scratching my head when I saw that someone had filed a UDRP against the owner of PaperSnowflake.com. Who in the world would go after a generic name like that? We now have the answer, but I’m still scratching my head. Patricia Kelley, who owns PaperSnowflakes.com (plural), filed the case. She operates a web site that instructs people on how to create paper snowflakes. With the help of counsel, she tried to argue that ... read more ...
Tue 16th February 2010
Written by DomainNameWire in EN and tagged
Uniform Rapid Suspension Scheme for Domain Names Still on a Table - New proposal still doesn’t make sense. But reforming UDRP does. It’s baaaack! After being almost shot to death, the so-called “Uniform Rapid Suspension” idea (basically a very fast UDRP for alleged trademark domains) is back. When URS was originally proposed, it was ridiculed from just about every sector of the domain name world. But a new group was formed to try to salvage it. Originally created by “Implementation Recommendation Team”, it was then ... read more ...
 
Written by DomainNameWire in EN and tagged
Kevin Ham Wins Reverse Domain Name Hijacking Charge - Famous domain investor wins UDRP and RDNH charge. Kevin Ham’s company Vertical Axis has won a charge for Reverse Domain Name Hijacking (RDNH) against The Realty Alliance, Inc. The Realty Alliance, Inc. filed a UDRP case against Vertical Axis for the domain name RealtyAlliance.com. In its case, Reality Alliance claimed it had trademark rights in “Realty Alliance” because it was incorporated in Delaware in 1997 and registered with Texas Secretary of State in ... read more ...
Mon 8th February 2010
Written by DomainNameWire in EN and tagged
CNN en Espanol: News Network Wants CNN.es Domain Name - News network wants Spanish domain name. Cable News Network, aka CNN, wants to get its hands on the CNN.es domain name. There’s just one problem: it was registered back in 2005. So the company has filed a domain dispute with World Intellectual Property Organization to try to get the domain name. At the time of writing CNN.es doesn’t resolve to a web site. But the domain’s owner appears to be based in the United Kingdom if his email address is any any indication. ... read more ...
Fri 5th February 2010
Written by DomainNameWire in EN and tagged
Eyeglass Company Guilty of Reverse Domain Name Hijacking - Eyewear company’s dates don’t add up. Zenni Optical, LLC, a retailer of eyeglasses, has been found guilty of reverse domain name hijacking by a World Intellectual Property Organization arbitrator. Zenni Optical filed the complaint to get the domain name Zenni.com. But its dates didn’t add up. Zenni.com was registered in May 2002. But Zenni Optical didn’t register trademarks in Zenni and Zenni Optical until 2008 and 2009 respectively. That’s where things ... read more ...
Mon 1st February 2010
Written by DomainNameWire in EN and tagged
New Software Makes it Easier to File UDRPs - Alias Encore releases software tool making it easy to construct UDRP cases. Typosquatting domain recovery company Alias Encore has opened a beta for its new Domain Enforcement and Management System. The system helps companies find out which of their domain names are being typosquatted, prioritize enforcement action, and even use a simple tool to create and file UDRP cases. As a first step, the system allows brand owners to find typos of their domain names, and then ... read more ...
 
Written by DomainNameWire in EN and tagged
Roche Loses Valium Domain Case - Case recognizes limitations of UDRP. F. Hoffmann-La Roche has lost a domain name dispute for the domain name ValiumNoPrescription.biz in a case that recognizes important limits of the Uniform domain-name Dispute Resolution Process (UDRP). Roche filed more domain disputes under UDRP last year than any other company, and it usually wins without contest. But in this case, even though Valium is a trademark of Roche, UDRP panelist Dan Hunter noted that there’s no way ... read more ...
Tue 19th January 2010
Written by DomainNameWire in EN and tagged
Cybersquatting Cases Fall in 2009 - Cybersquatting challenges fall in 2009. The number of cybersquatting cases filed under Uniform domain-name Dispute Resolution Policy (UDRP) fell to a three year low in 2009, and the rate of cybersquatting cases compared to the total number of domains registered fell to an all-time low, according to an analysis by Domain name Wire. Data from WIPO, National Arbitration Forum, Czech Arbitration Court, and UDRPSearch, show there were just over 3,700 cases filed in 2009. ... read more ...
 
Written by DomainNameWire in EN and tagged
Roche, Lego, and Google File Most Domain Arbitration Cases in 2009 - Top UDRP filers for 2009. Here’s a message to all the cybersquatters out there: don’t mess with the companies on this list. Using data from UDRPSearch, Domain Name Wire tabulated the total number of UDRP cases filed by these companies in 2009. This isn’t as easy as it sounds, given that both WIPO and National Arbitration Forum use different names for some companies, and some companies even use multiple names when filing cases with the same provider. Furthermore, ... read more ...
 
Written by DomainNameWire in EN and tagged
German Lottery Provider Gets NKL.com Back 3 Years After Theft - Lottery wins domain name it says was stolen in 2006. German state-owned lotto company NKL Nordwestdeutsche Klassenlotterie has won the transfer of the NKL.com domain name, three years after the domain name was allegedly stolen. NKL won the domain name through a WIPO proceeding. In a strange series of events, it appears the domain name may have been stolen in 2006 but NKL didn’t realize this until 2009. The domain name was set to expire on October 10, 2006. In ... read more ...
Mon 18th January 2010
Written by DomainNameWire in EN and tagged
The Biggest Loser: Taco Bell Loses Case for DriveThroughDiet.com Domain - Taco Bell fails to get key domain name, then spreads hot sauce over the facts. Taco Bell kicked off the new year with an unusual ad campaign for the Drive-Thru Diet. The campaign suggests that you can actually lose weight by selecting certain items off the Taco Bell menu. Taco Bell smartly acquired the domain name DriveThruDiet.com prior to launching the campaign. But it didn’t acquire the correctly spelled domain name DriveThroughDiet.com, which is owned by Nelson ... read more ...
Thu 14th January 2010
Written by DomainNameWire in EN and tagged
Swiss Federal Railways Domain Case is One Big Train Wreck - Swiss Federal Railways fails in attempt to get SBB.com domain name. Swiss Federal Railways has lost its case at World Intellectual Property Organization to get the domain name SBB.com. The respondent in the case had founded a company under the name Small Black Box, Ltd. When that company ceased operations under the name, the domain’s ownership was later transferred to the respondents’ personal name. The panel found that the respondent has rights and interests ... read more ...
 
Written by DomainNameWire in EN and tagged
Ardyss Guilty of Reverse Domain Name Hijacking for Going After Distributor - Arbitrator says company tried to deceive panel. Wellness and undergarment company Ardyss International has been found guilty of reverse domain name hijacking by a National Arbitration Forum panel. Ardyss filed a complaint for the domain name ArdyssBodyMagicShop.com, claiming that the owner of the domain was not a contracted distributor for Ardyss and was selling counterfeit Ardyss goods on its web site. Ardyss included an affidavit from the company’s CFO stating ... read more ...
Wed 13th January 2010
Written by DomainNameWire in EN and tagged
Explosive Fight over Meth Lab Cleanup (and other Fun UDRPs) - I’ve finally found someone to clean up that meth lab in my basement. Every once in a while I come across a pending domain name dispute under Uniform domain-name Dispute Resolution Policy (UDRP) that makes me scratch my head in bewilderment. Here’s one such case: Meth-LabCleanup.com. The case was just filed at National Arbitration Forum, so we don’t know who filed it yet. But there is an operating web site at MethLabCleanup.com, and the site at Meth-LabCleanup.com ... read more ...
Tue 12th January 2010
Written by DomainNameWire in EN and tagged
Panel Hands VisitNorway.us to Owner of VisitNorway.com - A warning to owners of “Visit” domain names. A National Arbitration Forum has handed the domain name VisitNorway.us to Innovasjon Norge, dba Innovation Norway, which owns the domain name VisitNorway.com. The basis for transfer is that the complainant owns common law rights to the term “VisitNorway”. It has applied for a U.S. design trademark for the term, but it is still pending. This case was a bit disturbing, so I did a little digging on “visit location” ... read more ...