1st Reverse Domain Hijacking Finding of The Year & Bretzel Ditsch GmbH Of Germany is Guilty - Bretzel Ditsch GmbH from Mainz, Germany, represented by Horak Attorneys, Germany was found guilty of Reverse Domain Name Hijacking on the domain name Ditsch.com which was registered on June 28, 1998.
To the best of our knowledge this is the first RDNH finding of 2016 (although the decision was entered on December 24th but just published by WIPO today)
At some point the Bretzel Ditsch was offered the domain name for EUR 10,000 but they declined and started this UDRP.
The original decision was written ... read more ...
Tag Archives: wipo
Mon 4th January 2016
Another UDRP that should have never been filed - iCloak.com was registered many years before the complainant had rights to iCloak.
A World Intellectual Property Organization panel has rejected a UDRP for the domain name iCloak.com. It’s another example of a case that was dead on arrival, and one that future UDRP rules should prevent from being filed.
Simply put, the complainant tried to get a domain name that was registered well before it was in existence.
The complainant operates an internet privacy service called iCloak, promoted at the website ... read more ...
Tue 3rd November 2015
Frank Schilling's Name Administration Wins Another UDRP on 16 Year Old Torneo.com - Frank Schilling’s Name Administration Inc represented as usually by John Berryhill, Ph.D, Esq., has won another UDRP this time on the domain name Torneo.com which was registered on September 28, 1999.
“Torneo” is the common Spanish and Italian word for “tournament”
The UDRP was filed by Sport and Fashion Management PTE. LTD. of Moscow, Russian Federation which owns the domain name torneo.ru
The Complaint was filed on July 15, 2015.
The panelists of Christopher J. Pibus, Irina V. Savelieva ... read more ...
Thu 29th October 2015
IEC.com saved in UDRP - NGO loses attempt to get valuable domain name.
International Electrotechnical Commission, a non-governmental organization, has lost a UDRP it filed against the owner of IEC.com.
Although the respondent is listed as IEC Communications Ltd., it appears it’s really a domain name investor. The respondent said it acquired the domain name because of the value of rare 2 and 3 letter domain names, not to target International Electrotechnical Commission.
This is most likely the case, and the three person ... read more ...
Fri 16th October 2015
2014 Final UDRP Stats From WIPO & NAF: 0.003% of All Domains Subject to A UDRP/URS - This week the WIPO published it stats for the cases it determine under Uniform Domain Name Dispute Resolution Policy (“UDRP”) in 2014.
Back in September the other major organization that hears UDRP and the only one to decide cases filed under the Uniform Rapid Suspension System (“URS”) the National Arbitration Forum (NAF) announced their stats for 2014.
So now that we have the stats for both those organizations we can see what the case loads in terms of decisions in 2014 for UDRP and URS ... read more ...
Tue 13th October 2015
WIPO Publishes 2014 UDRP Figures & 2015 YTD: 14% of WIPO’s 2015 Cases Are New gTLD's - The World Intellectual Property Organization (WIPO) released it annual report yesterday for 2014 and Year to Date numbers through September 2015 for cases it decided under the Uniform Domain Name Dispute Resolution Policy (“UDRP”)
Cases filed ins 2014 were up only 2% from 2013, with 2,634 cases being lodged by trademarks owners claiming abuse of their mark.
Country-code top-level domains (ccTLDs) – accounted for 13% of all filings in 2014 with 71 national domain registries now designating ... read more ...
Fri 4th September 2015
Emazing.nl nailed for Reverse Domain Name Hijacking - Web design firm in Netherlands is a reverse domain name hijacker.
Web design firm Emazing B.V., which uses the domain name Emazing.nl, has been found to have engaged in reverse domain name hijacking over the domain name Emazing.com.
Amazingly, Emazing’s lawyers seem to have really shot themselves in the foot: they submitted a supplemental filing that was key to the RDNH finding.
The owner of Emazing.com registered the domain name before the complainant had a trademark for Emazing. But Emazing.com ... read more ...
Mon 1st June 2015
Apple Inc. Wins AppleId.com and AppleAccount.com In UDRP - Apple Inc. has secured two domain names recently with two different UDRP filings on the domain names AppleID.com and AppleAccount.com .
AppleID.com
The AppleID.com domain name was registered on May 26, 2004 and was secured by Apple Inc. in a UDRP case #D2015-0582 with a status of “Terminated”. The terminated status often relates to the respondent not putting up a fight and transferring the domain name. According to whois records, Apple Inc is now the owners of the domain.
I tried to find an ... read more ...
Thu 30th April 2015
ChinesePot.com owners can keep domain name notwithstanding not responding to UDRP - Owner of ChinesePod.com loses case against ChinesePot.com.
Language instruction service Chinesepod Limited, which uses the domain name ChinesePoD.com, has lost a UDRP against the owner of ChinesePoT.com.
It’s a case of a “typo” also being a common word.
The owner of ChinesePot.com didn’t respond to the UDRP, but ChinesePod didn’t convince a World Intellectual Property panelist of the merits of its case. Although the parked page at ChinesePot.com consists of lots of links to language instruction, ... read more ...
Fri 24th April 2015
Orient Express Travel Group intent in Reverse Domain Name Hijacking - Australian company didn’t disclose prior purchase attempt and its rights post-dated domain registration.
A three person World Intellectual Property Organization panel has found Australian travel company Orient Express Travel Group to have engaged in reverse domain name hijacking.
The travel company filed an aUDRP against the domain name etg.com.au. It uses the domain name etg.travel.
The panel found that Orient Express Travel Group was less-than-forthcoming in its aUDRP filing. It didn’t disclose ... read more ...
Fri 27th March 2015
Optilead Ltd. intent in Reverse Domain Name Hijacking - WIPO panel determined UK company filed domain name dispute in bad faith.
UK company Optilead Ltd has been found to have engaged in reverse domain name hijacking over the domain name Optilead.com.
Optilead Ltd uses the domain name Optilead.co.uk for its shopping cart abandonment services. According the the World Intellectual Property Organization decision, Optilead.com was registered about 9 years before Optilead Ltd shows any trademark rights in the term Optilead.
As such, panelist Alistair Payne ... read more ...
Thu 26th February 2015
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 ...
Tue 20th January 2015
MomAndMe.com spared in UDRP. Should have been RDNH? - Indian company should not have brought case.
A single member World Intellectual Property Organization panel has ruled against Mahindra Mahindra Limited of India in its UDRP against the owner of MomAndMe.com.
Even though the domain name owner didn’t respond, this case should have been a candidate for reverse domain name hijacking.
The complainant claims rights dating as far back as 2007. The domain name owner appears to have registered the domain name in 2000. Case closed.
More worrisome is how ... read more ...
Fri 5th September 2014
Clearwater Systems Guilty of Reverse Domain Name Hijacking -
Case contradicts prior rulings involving the same complainant, but the panelist in the other cases probably got it wrong.
Clearwater Systems of Akron, Ohio, has been found guilty of reverse domain name hijacking.
It’s a decision that might make the company scratch its head in light of two recent victories using UDRP.
The present case is for ClearWaterSystems.net, a domain name owned by a water softener and bottled water company in Indiana.
Panelist Richard G. Lyon ... read more ...
Wed 20th August 2014
Reverse domain name hijacking statute over SaintLazarusUSA.com -
WIPO panelist hands down RDNH ruling.
Every once in a while I read a UDRP involving organizations in a world I simply didn’t know existed.
Such is the case in The American Association of the Order of St. Lazarus, Inc. v. Thierry Villejust over the domain name SaintLazarusUSA.com.
The complainant was found guilty of reverse domain name hijacking in the case.
The respondent is “a member of the governing council of the Orleans obedience and serves as the Grand Bailiff ... read more ...
Tue 5th August 2014
Panel denies QIQ.com UDRP, though denies RDNH -
QIQ.com to remain with domain name owner after WIPO decision.
A World Intellectual Property Organization panelist has denied a UDRP filed against the domain name QIQ.com. However, she denied a reverse domain name hijacking claim without giving any sort of reason.
Based on the facts presented to the panel, respondent Netico, Inc registered QIQ.com in 1999, more than a decade before complainant QIQ Communications Pty Ltd had any rights to the QIQ name.
Therefore, panelist ... read more ...
Wed 14th May 2014
Company sues to overturn UDRP decision -
Company turns to courts (again) to try to overturn adverse UDRP ruling.
Technology Online, LLC has filed a lawsuit in U.S. District Court in Nevada to overturn a UDRP against the domain name Jeffers.com.
Veterinarian supply company Jeffers, Inc. filed a UDRP with World Intellectual Property Organization earlier this year and won the case.
Technology Online argues that the panelist in that case erred because she considered the date Technology Online acquired the domain ... read more ...
Fri 21st March 2014
A domain financier goes to WIPO’s home in Geneva to learn some-more about UDRP -
Nat Cohen traveled to Geneva to learn more about the current state of UDRP. Here’s what he learned.
Last October, at the suggestion of attorneys John Berryhill and Zak Muscovitch, I flew to Geneva to attend a workshop presented by WIPO entitled WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Precedent and Practice.
I hoped to gain a better understanding of whether, despite the UDRP’s flaws and the pro-complainant bias built into the procedures, ... read more ...
Fri 21st February 2014
Vertical Axis Holds on to ParkRoyal.com after complainant is denied in UDRP - In a 3 panelist ruling Vertical Axis holds on to ParkRoyal.com but there is no finding of Reverse Domain Name Hijacking.
1. The Parties
1.1 The Complainants are Grupo Costamex, S.A. de C.V. (“Costamex”) of Mexico City, Mexico and Operación y Supervisión de Hoteles, S.A. de C.V. (“Opyssa”) of Cancun, Mexico, represented internally.
1.2 The Respondent is Vertical Axis Inc. of Barbados, represented by ESQwire.com PC, United States of America.
Factual Background
4.1 The Complainants are part ... read more ...
Mon 13th January 2014
RPG Life Sciences Ltd guilty of Reverse Domain Name Hijacking -
Company filed dispute against domain name clearly being used for another legitimate purpose.
Pharmaceuticals and biotech business RPG Life Sciences Ltd. of Mumbai has been found guilty of reverse domain name hijacking in a domain name dispute.
World Intellectual Property Organization panelist Nicholas Weston found that RPG Life Sciences had filed a UDRP in bad faith in an attempt to get the domain name RPGlife.com. The domain name is owned by a Wisconsin man who ... read more ...
Wed 8th January 2014
Brazilian association guilty of retreat domain name hijacking -
Dental company went after domain name used by Korean dentist.
A three person WIPO panel has found JJGC Industria E Comercio de Materiais Dentarios S.A. of Curitiba, Paraná, Brazil, guilty of reverse domain name hijacking.
The company, which specializes in dental implants, filed its case over the domain name NeoDent.com. It uses the domain name NeoDent.com.br.
NeoDent.com is owned by someone in Korea who actually uses the domain name for a dental practice called ... read more ...
Mon 23rd December 2013
WIPO row awards StAndrews.com domain name to golf course -
Famous golf course to get control of StAndrews.com domain name.
A World Intellectual Property Organization UDRP panelist has awarded the StAndrews.com domain name to St Andrews Links, one of the oldest golf courses in the world.
This was an interesting case because St Andrew is also the name of the town in which St Andrews Links is located, and also has several other uses. In fact, when I search Google for “St Andrews,” the first page of results has only one mention ... read more ...
Fri 20th December 2013
WIPO pats itself on a behind for Legal Rights Objections -
Even if it didn’t mean to, WIPO should pat itself on the back for its handling of Legal Rights Objections.
World Intellectual Property Organization (WIPO) has issued a lengthy report (pdf) detailing the process and results from managing Legal Rights Objections to new top level domain names.
Although the report is merely an analysis, it appears WIPO is quietly patting itself on the back for a job well done. While the two other arbitration groups are still finalizing ... read more ...
Wed 27th November 2013
Grand Theft Domain Name: Take-Two Interactive loses domain name dispute -
Grand Theft Auto publisher fails in case to get GTA.tv domain name.
Take-Two Interactive, the creator of the wildly successful Grand Theft Auto video game series, has lost a dispute it filed against the domain name GTA.tv.
Take-Two has a trademark for GTA, but it was unable to persuade a World Intellectual Property Organization panel that the owner was trying to take advantage of Take-Two’s mark.
iCity Corp, which owns GTA.tv, argued that the unused domain stood ... read more ...
Mon 16th September 2013
Stolen domain name recovered by UDRP -
Education group that manages Thompson Island gets its domain name back.
Thompson Island Outward Bound Education Center has recovered the domain name ThompsonIsland.org through a UDRP case.
The group alleges that the domain name was stolen from its Network Solutions account.
According to documents provided to the UDRP panel, it appears that an unauthorized person changed the password on the complainant’s registrar account as well as the challenge questions used ... read more ...