Tag Archives: UDRP

Mon 11th January 2010
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Willie Mays Wants His (Domain) Name Back - Hall-of-Famer Willie Mays asks arbitrator to get domain name WillieMays.com. Major League Baseball Hall-of-Famer Willie Mays has filed for arbitration with World Intellectual Property Organization (WIPO) to get the domain name WillieMays.com. The case was posted to WIPO’s web site this morning. The “Say Hey Kid” played for the New York and San Francisco Giants before concluding his career with the New York Mets. The domain name is currently registered to “Global ... read more ...
Sun 10th January 2010
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Mozy Backs Up Domain Names with WIPO Win - Online backup service wins one domain — with another case pending. Online backup service Mozy, a Decho service owned by EMC, has picked up the domain name Mozy.nl through arbitration at World Intellectual Property Organization (WIPO). .Nl is the country code for the Netherlands. In its complaint, Mozy alleged that the domain’s owner, another online backup service called BackUpsOnline.nl, admitted to receiving leads through the domain name and offered to sell ... read more ...
Mon 28th December 2009
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2009 Domain Dunce Award: Panelist Andrew F. Christie - “My scenario is where someone named James Wilson Marriott has jwmarriott.com…” That’s a great scenario. Clearly, what you describe would be a scummy, rotten, unlawful, and bad faith thing for him to do. He should be stopped from running those hotel ads. In fact, you describe the allegations in two ACPA cases in which a domain name was not transferred. Mr. Uzi Nissan did in fact run ads relating to foreign cars at his nissan.com domain name. He has been enjoined from advertising ... read more ...
Tue 22nd December 2009
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Paris Sues Paris.org Owner in French Court - French cyberbullies step up attack. Ville de Paris — the City of Paris — is continuing its multi-prong attack on domain name owners by filing a lawsuit against the owner of Paris.org, this time in French Court. The owner has had the domain name since 1995. The move to Paris is another attempt to find some sort of venue that will give the city exclusive rights to use “Paris” in a domain name. But it’s not a guaranteed win for the city. In fact, it previously ... read more ...
Fri 18th December 2009
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Is eHelper.com a Typo of EdHelper.com? - When is a typo not a typo? Is eHelper.com a typo of EdHelper.com? Yes, according to National Arbitration Forum panelist Sandra J. Franklin. In a decision handed down yesterday, Franklin awarded the domain name eHelper.com to the owner of EdHelper.com. It’s a strange decision since eHelper is fundamentally different than EdHelper. It’s not a typo in the same way EdHlper.com would be, and eHelper.com is a legitimate, stand alone name for a possible web site. ... read more ...
Tue 15th December 2009
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Comments 15-0 Against Expedited UDRP. So What Will ICANN Do? - Community feedback is pretty clear about Expedited UDRP. ICANN says it takes community feedback into consideration when managing the domain name system. But clearly it’s not a majority rule system. So here’s a clear cut case, involving the Czech Arbitration Court’s proposal to offer an “Expedited UDRP”. Out of 15 commentors, not a single person was in favor of the proposal. Zero. Zip. Nada. All 15 commentors were opposed to it either on principle or ... read more ...
Mon 14th December 2009
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Paris’ War on U.S. Domain Owners Coming to a Head - City of Paris can’t hide behind jurisdiction forever. The not-so-pretty side of Paris. For years, the City of Paris (Ville de Paris) has been waging a war on U.S. domain name owners. It has threatened owners of many domains, including Paris.com and Paris.tv, asserting exclusive rights to any domain that includes “Paris” in it. More recently, it filed for domain name arbitration under UDRP against owners of several domain names, including WifiParis.com. The ... read more ...
Fri 11th December 2009
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Dell Wins 7 Domain Name Arbitration Cases - Dell scores victories in domain disputes. Computer and technology services company Dell has received an early Christmas present, winning seven domain name arbitration cases in the span of just one week. For the Dell brand, the company won five cases covering 8 domain names. One is an obvious typo, wwdell.com. The company also won a case for four gaming related domain names: DellConsole.com, DellGaming.com, DellVideoGaming.com, and DellVideoGames.com. Other domains ... read more ...
Thu 10th December 2009
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Good Luck Finding a UDRP Arbitration Provider Contract with ICANN - No contract exists with UDRP providers. With two UDRP arbitration providers trying to change up the rules, attorney Jim Davies tried to get his hands on the contract between ICANN and its approved UDRP providers. He hit a stumbling block: there is none. You can see the details of his request for the contract in his public comments (submitted as an individual, not on behalf of his firm or clients) on ICANN’s web site. But it’s worth reprinting them here. I ... read more ...
 
Written by DomainNameWire in EN and tagged
Arbitrator Asks Good Questions About Expedited UDRP - Domain name arbitrator asks good questions about Expedited UDRP. The Hon. Neil Brown, a UDRP domain name arbitrator, has submitted comments to ICANN regarding Czech Arbitration Court’s plans for expedited UDRPs. He actually phrases them as rhetorical questions, but they certainly raise a number of issues. They’re worth reading in their entirety, but here’s a summary: Can the Expedited Decision proposal be implemented by amendments to the Supplemental Rules ... read more ...
Tue 8th December 2009
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Hostess Gets Pie on the Face in Domain Dispute - Decision in domain dispute favorable to non-use of domains for bad faith argument. No Twinkies defenseneeded in domain dispute. Hostess, the bakery that sells treats such as Twinkies and Ding Dongs, has lost a domain dispute over Hostess.com. The domain name was purchased at the TRAFFIC auction in New York in 2007 for $44,000 and hasn’t been used since then. That proved to be a problem for Hostess, since the panel was not persuaded the domain was registered in ... read more ...
Fri 4th December 2009
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Freedom of Speech: a Concept Not Limited to Yankees - by Paul Keating I have been increasingly frustrated with the apparent continuous attempts by panelists to find ways to grant UDRPs involving gripe sites. While unable to make much headway in UDRPs involving US respondents, panelists have regularly eroded the concept of free speech using domain names finding in many cases that the concept is “limited” to the US. The result is that the “US” approach is no longer a clear majority view. Every once in ... read more ...
Wed 2nd December 2009
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ICA Asks ICANN to Halt Expedited Domain Arbitration Plans - Domain owner organization wants ICANN to review expedited UDRP proposals. Internet Commerce Association has sent a letter to ICANN, asking it to halt plans by two domain name arbitration providers to introduce different version of expedited UDRPs. The plans by World Intellectual Property Organization (WIPO) and Czech Arbitration Court (CAC) represent a major overhaul of UDRP policy, yet both organizations are trying to institute the change by merely adjusting their ... read more ...
 
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Dubai Law Firm Nailed for Reverse Domain Name Hijacking - Law firm found guilty of abusing UDRP. It’s bad enough when anyone tries “reverse domain name hijacking” through domain arbitration. It’s worse when the culprit is a law firm. But Bin Shabib Associates of Dubai tried just such a stunt, filing a case for BSA.com. A three person National Arbitration Forum didn’t buy it. Bin Shabib Associates argued that it had rights to the term BSA on the basis that it has filed a trademark application in the United Arab ... read more ...
Mon 30th November 2009
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National Arbitration Forum Provides Shortcut to UDRP Arbitrators - Law clerk may have written much of your domain dispute. Being a domain name arbitrator under UDRP for National Arbitration Forum doesn’t pay particularly well. That is, if you are an arbitrator who takes your job seriously. But National Arbitration Forum provides a shortcut to arbitrators, allowing them to “cut-and-paste” their way to quick decisions. Here’s how it works. When an arbitrator receives a new UDRP domain name case, (s)he is also provided with ... read more ...
 
Written by DomainNameWire in EN and tagged
Paris Wins Parvi.org in Disturbing Domain Name Arbitration Decision - Paris wins domain as arbitrator throws out “registration AND use” in bad faith. In September I wrote about the city of Paris, France filing a UDRP against three domain names: WifiParis.com, Wifi-Paris.com, and Parvi.org. Paris was just handed a victory in the Parvi.org case; the other two cases are pending. What’s disturbing about the Parvi.org case is that the panel found that the domain name was likely not registered in bad faith, but still handed the domain ... read more ...
Tue 24th November 2009
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Green Day Wants AmericanIdiot.com Domain Name - Green Day show heads to Broadway; rock group wants domain name. Alternative rock band Green Day has filed for arbitration to get the AmericanIdiot.com domain name. The timing of its arbitration request is not coincidental. Green Day’s American Idiot album was released back in 2004 and won a Grammy for Best Rock Album in 2005. Hit singles from the album include “Boulevard of Broken Dreams” and “Wake Me Up When September Ends”. So why go after the domain ... read more ...
Mon 23rd November 2009
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NMC.com Domain Name Spared during Arbitration Despite No Response - Prolific panelist makes the right finding (this time). National Arbitration Forum panelist Carolyn Marks Johnson is no friend of domain name owners. An early study of arbitrators found that she was one of the most prolific and biased, finding for complainants 97.2% of the time (compared to the typical 82.9% at the time). She was also recently sued for alleged judicial misconduct. But she managed to find for the respondent on NMC.com, despite the respondent not filing ... read more ...
Fri 20th November 2009
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Project.me Domain Dispute Sets Dangerous Precedent - by Karen Bernstein Have UDRP panels gone too far by setting a new standard for determining the identical or confusingly similar element in domain disputes? In his November 13 article, Andrew Allemann reported a WIPO decision denying transfer of Project.Me (project.me GmbH v. Lin, Case No. DME2009-0008 (WIPO Nov. 11, 2009)). This article picks up where he left off. In Lin, an Iphone app developer who owns a German trademark registration for PROJECT ME brought a ... read more ...
Thu 19th November 2009
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Apple Belatedly Gets iPodNano.com Domain Name - Better late than never, Apple gets iPodNano.com domain name. It took about four years, but Apple has finally gotten its hands on the iPodNano.com domain name. Apple filed for arbitration with National Arbitration Forum to get the domain name. The owner of the domain name, Fusion Media Ltd., did not respond to the complaint and the arbitrator found in Apple’s favor. Fusion Media registered the domain name in September 5, 2005, two days before Apple officially introduced ... read more ...
Wed 18th November 2009
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Messer Defends Descriptive StreetPrice.com Domain Name - Seller of Vodka.com wins UDRP case over StreetPrice.com. Roy Messer, perhaps best known in domain circles for selling Vodka.com for $3 million, has successfully defended an attack on his StreetPrice.com domain name. Messer was represented by domain attorney Ari Goldberger. The complaint was brought by the web site StreetPrices.com, a price comparison web site launched in 1997. Messer registered the StreetPrice.com domain name in 1998. The panel found that the Messer ... read more ...
Mon 16th November 2009
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Rate of Domain Cybersquatting Hits All Time Low - Rate of cybersquatting continues decline. The rate of cybersquatting, as measured by arbitration filings under Uniform Dispute Resolution Policy, has hit an all time low. A Domain Name Wire analysis of UDRP filings dating back to 2000, the first year UDRP was widely used, showed marked declines. UDRP filings were compared to the total number of .com domain names in existence each year to calculate an effective rate of cybersquatting. Although .com domain names ... read more ...
 
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Cheech and Chong Smoke Out Domain Name - Domain owner: pack that in your pipe and smoke it! Comedy duo Cheech Chong have won rights to the CheechandChong.com domain name through arbitration at World Intellectual Property Organization. Did you ever think you’d see “Cheech Chong” and WIPO in the same sentence? I first wrote about this story back in September, predicting that the comedians would win the case. But it wasn’t as clear cut as I originally thought. As it turns out, Cheech Chong first ... read more ...
Fri 13th November 2009
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Prank Dialer Gets Rick Rolled in Domain Name Dispute - Prank dialing services fight it out in UDRP. After starting prank dialing service PrankDial.com, Fahim Saleh was a little miffed that another site called PrankDialer.com came along. So he filed for domain arbitration against PrankDialer.com owner Trey Glauser, who also has a handful of similar domains. Saleh’s argument for trademark rights to PrankDial.com were rather weak, and the common term certainly wouldn’t hold weight against PrankDialer.com. The arbitrator ... read more ...
Thu 12th November 2009
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Coming Soon: File a UDRP Domain Name Dispute for $250 - Arbitration provider wants to offer $250 expedited UDRPs. [Update: The 250 fee is actually in Euros, and is the panelist’s fee. CAC will also collect a 250 EUR fee, making the minimum fee 500 EUR]. Earlier this month I reported on WIPO’s plans to introduce a fast-track UDRP proceeding. It would cost less and be decided faster than traditional UDRPs. At the time, I predicted that WIPO’s competitors would follow suit because of venue shopping. It looks like ... read more ...