UDRP losses count as damage in TM Dispute - Rebecca Tushnet wrote on her blog about a case that included UDRP expenses being counted as injury in a recent TM case between Migliore Associates, LLC v. Kentuckiana Reporters, LLC.
From the article:
Intro: “The court reporter game is a tough racket. It’s tougher still when a competitor registers an internet domain name that is confusingly similar to your business name then links it to its own website.” Migliore’s website is at miglioreassociates.com. “Searches on popular internet search ... read more ...
Tag Archives: UDRP
Wed 4th March 2015
Mon 2nd March 2015
2 panelists contend RDNH, other says domain name should be transferred - How did one panelist think a domain should be transferred when the other two say the case was brought in bad faith?
It’s fairly rare that a panelist files a dissenting opinion in a UDRP. Usually a three person panel comes to the same conclusion, although occasionally you’ll see a dissent.
But a recent decision treads even further into “rare” territory: 2 panelists thought the case was so egregious, it qualified at Reverse Domain Name Hijacking. A third panelist actually found in favor of ... read more ...
EasyGroup Owner of Easy Jet Found Guilty of Reverse Domain Name Hijacking - EasyGroup Limited of London which owns Easy Jet, was just found guilty of Reverse Domain Name Hijacking (RNDH) on the domain name easygroup.com from Easy Group Holdings Limited of Kowloon, Hong Kong,
The three member UDRP panel split in its decision, as panelist Jane Lambert did not agree in the finding of RDNH.
We have written before about the companies seeming plan to get ownership of the term “easy” which another UDRP panel gave them, to Easy Train.
Here are the highlights:
Its EasyJet company ... read more ...
Sat 28th February 2015
After 6 Years Owner Of The Adult Site Brazzers Files UDRP Against Affiliate Brazers.com - A UDRP has been filed against the domain name Brazers.com which is a typo of one of the most popular adult sites Brazzers.com which uses also uses the domain name Brazzersnetwork.com to which Brazers.com is actually forwarding to.
The complaint was filed by Licensing IP International S.à r.l which also owns pornhub.com, youporn.com and redtube.com to name a few. The company used to be known as Manwin but its now known as MindGeek.
The content on the front of the BrazzersNetwork.com is extremely ... read more ...
Fri 27th February 2015
LeatherCrown.it, Holder of Italian Trademark Awarded LeatherCrown.com In UDRP Based On Links On Parked Page -
Oscar Studio di Cavallin Oscar of Veneto, Italy, which owns an Italian Trademark on the term “leather crown” just won a UDRP on matching .com LeatherCrown.com which was owned by Rob Monster of Epik who registered the domain name on July 18, 2012.
The Complainant operates its site at LeatherCrown.it and has a Italian trademark registered on November 29, 2010 (filed July 28, 2009) in class 25 for clothing, footwear and headgear.The one member panel of Tony Willoughby, while making it clear ... read more ...
Thu 26th February 2015
Frank Schilling defends DBAT.com in UDRP - Owner of .net domain name filed cybersquatting complaint.
Nothin’ but .net!Baseball equipment company DBAT has lost a UDRP it filed against Frank Schilling for the domain name DBAT.com. The baseball company uses the DBAT.NET domain name.
According to the decision (embedded below), DBAT originally threatened Shilling with a UDRP in 2009. It then tried to acquire the domain name through an attorney in 2012. While the details of the 2012 discussions are in dispute, it’s clear that the company tried ... read more ...
Wow, how was this box not retreat domain name hijacking? - WIPO panelist drops the ball in RDNH decision.
A single member World Intellectual Property Organization panel has denied a UDRP complaint against the domain name alessandro.com, but failed to find the complainant guilty of reverse domain name hijacking.
Frankly, I’m stunned that panelist Pablo A. Palazzi did not find beauty products company Alessandro International GmbH to have brought the case in bad faith, and his rationale contradicts the facts of the case.
Alessandro International GmbH filed ... read more ...
16 Year Old Domain Alessandro.com Saved In UDRP Owned By A Guy Named Alessandro - Alessandro International GmbH of Düsseldorf, Germany, just lost its bid to grab the domain name Alessandro.com from a guy named Alessandro
In this case Alessandro Gualandi.
The one member panel of Pablo A. Palazzi however refused to find reverse domain name hijacking which I thought was appropriate under the circumstances
Here are the highlights:
“Complainant is a company dedicated to manicure and pedicure products. The predecessor of Complainant, Alessandro Cosmetics GmbH was founded in 1989 ... read more ...
Mon 23rd February 2015
UDRP Filed Again The Domain Name Major.com Bought For € 48,000.00 EUR In 2010 -
Major Wire Industries Limited has filed a UDRP on the domain name Major.com.
The domain name Major.com is owned by DigitalOne AG and seems to have bought the domain using Sedo, in November 2010 for € 48,000.00 EUR.
It appear according to Screenshots.com, the domain was parked until November 2011.
The domain resolves currently to a blank page.
The company Major Wire Industries Limited uses the domain name MajorWire.cc, for its website, however that domain name is owned by Les Industries Fil ... read more ...
CargoWiz.com Registered 2 Years Before Trademark Saved in UDRP - Brian Rayle of Apollo Beach, Florida, who was self-represented lost his attempt to grab the domain name CargoWiz.com which is owned by Portmedia Holdings Ltd of Hong Kong, China, represented by ESQwire.com P.C., USA.
The three member UDRP panel of Tony Willoughby, R. Eric Gaum and The Hon Neil Brown Q.C. found that although the Complainant filed for a trademark on the term CARGOWIZ with the USPTO back in 2007, failed to carry the day since the domain had been registered in 2005.
However the panel ... read more ...
Sat 21st February 2015
For a 3rd Time This Week UDRP Panel Awards Domain To Company That Dropped It - For the third time this week a UDRP panel has awarded a domain to the company that previously owned the domain and allowed ti to drop.
In this case, WesTrac Pty Ltd of South Guildford, Australia was awarded the rights to the domain name Westrac.com which is owned by Mike Mann’s Domain Asset Holdings.
Westrac owned the domain for 12 years until 2012 when the domain dropped and Domain Asset Holdings got the domain on the drop.
Subsequently Domain Asset Holdings quoted $50,000 to Westrac to buy the ... read more ...
Fri 20th February 2015
Guy takes third gash during MySchool.com with lawsuit - Owner of MySchool411.com really wants MySchool.com, preferably without paying for it.
If at first you don’t succeed, try try again.
That’s apparently Joseph Carpenter’s belief.
Carpenter runs the site MySchool411.com. He filed a UDRP against MySchool.com in 2010 and lost. He filed another one last year and lost again.
Now he has filed an in rem lawsuit (pdf) against the domain name in a third attempt to get the domain name without buying it.
The lawsuit uses the Uniregistry whois privacy on ... read more ...
Del Monte Foods Loses UDRP ON Delmontefarm.com, Delmontefarms.com & Delmonteexpress.com - Del Monte Foods, Inc. just lost a UDRP on three domain names delmonteexpress.com, delmontefarm.com and delmontefarms.com
The three member UDRP panel of Robert A. Badgley, Michelle Brownlee and Gregory N. Albright
Complainant is a leading purveyor of food and beverages in the United States, and has used the mark DEL MONTE for 120 years to identify and distinguish its various offerings. Some of Complainant’s DEL MONTE marks have been registered for more than 40 years. Complainant asserts, and there ... read more ...
Mon 16th February 2015
After Dropping In Oct 2013 & Sold On Namejet, StormGuard.com Hit With UDRP - The domain name StormGuard.com has been hit with a UDRP filing by Storm Guard Franchise Systems, LLC.
The domain name went into pending delete in October 2013 after hainv been owned by Homeshield Stormguard L.L.C. of Hialeah, FL, which seemed to acquire the domain name in october 2008 all according to domaintools.com
In November 2013 the domain name sold on Namejet.com after dropping, for $1,117 according to Dnpric.es
The domain name twas originally registered in 1999.
Its not clear if the company ... read more ...
DirtySpokes.com Returned To Co. That Let It Drop 1 Week Earlier W/O Registered Trademark - A one member UDRP panel has ordered the domain name dirtyspokes.com returned to the company that allowed the doamin to drop drop in late December 2014, although they did not have a federally registered trademark
It should be noted that the domain dropped on December 27, 2014 and the UDRP complaint was filed on January 5th.
I think the quick reaction of the Complainant really helped it get the domain returned via a UDRP.
The one member panelist Hector Ariel Manoff found that the company which had ... read more ...
Wed 11th February 2015
.Email domain name owners YoYo sues 3 Banks over UDRP - YoYo.email asks UK court to reverse UDRP decision.
YoYo.email has sued RBS Bank (Royal Bank of Scotland), Natwest Bank and Coutts Co in the United Kingdom in an effort to overturn an adverse UDRP decision.
YoYo registered about 4,000 .email domain names when they came out, almost all of them reflecting brand names. The company plans to use the domain names for a certified email service.
But the registration of these brand names has drawn the ire of trademark holders, and YoYo has the distinction ... read more ...
Tue 10th February 2015
HomeAway Files UDRP On HolidayRentals.com 36K Most Visited Site On The Internet (Alexa) -
HomeAway, Inc. has just filed a UDRP on the domain name HolidayRentals.com.
As a domain it’s about as generic as you can get.
However HolidayRentals.com is not just a domain name, it’s a website ranked by Alexa as the 36,000 most visited website on the Internet.
The site boasts that they have over 60,000 properties listed in 80 countries.
Here is some more information about HolidayRentals.com from its site:
“”Founded in 2010 and based in Victoria Avenue London, UK, HolidayRentals.com ... read more ...
Mon 9th February 2015
Vertical Axis Hit With UDRP on Three Letter .Com NAE.com - Vertical Axis has just been Hit With a UDRP on Three Letter .Com domain name NAE.com.
The domain has been owned by the company since at least 2007.
When it comes to trademarks filed in the USPTO there is no shortage for NAE
National Automotive Experts, L.L.C. filed in 2014.
National Association Of Evangelicals filed in 1952 and then again in 2010
National Apartment Exchange filed in 2007
NORTH AMERICAN ENCLOSURES, INC filed in 1978
The parked page is very generic and does not target any of those ... read more ...
Figaro.club Saved In UDRP Against Societe du Figaro, Which Publishes a Daily Newspaper - A one member World Intellectual Property Organization (WIPO) panel of Christopher J. Pibus has denied the attempt of the Societe du Figaro S.A. of Paris, France, to grab the domain name figaro.club
The domain name is owned by Cognac Inc., Juan Hervada of Florida.
It’s an interesting case because the term “Figaro” is heavily trademarked by the Complainant, Societe du Figaro, which has has been publishing a daily newspaper under the historic name LE FIGARO in France since the 1800’s.
The Complainant ... read more ...
Sat 7th February 2015
Marchex Hit with a UDRP on The Domain eBottle.com By Owner of eBottles.com -
Marchex has been hit with a UDRP on the domain name eBottle.com
The Complaint was filed by Lerman Container Corporation.
Marchex has owned the domain name since at least 2009.
The Complainant Lerman Container Corporation, has a federally registered trademark on the term eBottles.com which is applied for on May 21, 2013, which was Published for Opposition on October 28, 2014 and was finally granted 3 weeks ago on January 13, 2015.
The domain name eBottles.com is registered to a Josh Erlanger, ... read more ...
UDRP Filed on 15 Year Old Domain GreatRun.com By Owner Of GreatRun.org -
A UDRP has been filed on what seems to be a very generic term GreatRun.com which was has been owned by the same owner, Product Reports, Inc which has owned the domain name since at least 2007 by the owner of the non-profit GreatRun.org
Actually the only change in the ownership of GreatRun.com since November, 2007, is that the owner moved its address from to Melville, New York to Levittown, New York in 2010.
The domain name GreatRun.com currently does not resolve and according to Screenshots, ... read more ...
Thu 29th January 2015
Owner of Airlineonline.aero Files UDRP On Airlineonline.com -
The owner of the domain name airlineonline.com just got hit with a UDRP by the owner of the domain name Airlineonline.aero
It doesn’t look like the ownership of the .com has changed since at least January 2013.
Obviously in my opinion as generic a domain as you can get
The Complainant was filed by Efzed Pty Ltd. Mr. Frank Zimmermann Simulate Pty Ltd. which owns the domain name Airlineonline.aero as well as simulate.aero.
For the record the domain name airlineonline.aero doesn’t resolve ... read more ...
LeadPages is a Reverse Domain Name Hijacker - WIPO panel finds that lead generation technology company abused UDRP.
A three person World Intellectual Property Organization panel has found the company behind LeadPages.net to have engaged in reverse domain name hijacking in a cybersquatting complaint.
Avenue 81, Inc., which offers lead generation software and tools at LeadPages.net, filed a cybersquatting complaint against Karl Payne, the owner of LeadPages.com.
Payne registered the .com domain name in 2004. LeadPages.net was formed and its domain ... read more ...
Wed 28th January 2015
Was Michele.watch purebred for Pole Dances or for Watches? - Domain name registrant came up with a creative defense in UDRP.
A National Arbitration Forum panel has ordered the domain name Michele.watch transferred to watchmaker Fossil Group, Inc.
I’ve got to hand it to the respondent in this case. He put up a spirited defense of his registration of Michele.watch.
Kucevic said he didn’t register the domain name to take advantage of Fossil’s Michele brand of watches. Instead, he registered it for use as a pole dancing site. The idea was that visitors ... read more ...
Vanity.com Loses Bid To Grab VanityShops.com from Vertical Axis - Vanity Shop which just acquired the domain name Vanity.com last year after another UDRP and a federal lawsuit of its own, just lost its bid to grab the domain name vanityshop.com from it’s owner Vertical Axis Inc. which was represented by Ari Goldberger of Esqwire.com.
The three member panel of the The Hon. Nelson A. Diaz, the Hon. Neil Brown Q.C., and David E. Sorkin found that the term Vanity Shop was generic as was Vanity and that the domain holder did not acquire the domain with the trademark ... read more ...