Hold on tight to your generic .tv domains!
Sometimes I read UDRP decisions and just start shaking my head.
That’s the case with Acorn.tv.
Keep in mind that UDRP was created for clear cut cases of cybersquatting. Acorn.tv is not a clear cut case of cybersquatting and should have remained with the owner.
Acorn Media Group, Inc, which filed the complaint, makes home video products. That apparently means that anything with “acorn” and the .tv extension belongs to it.
Check out what panelist Beatrice Onica Jarka has to say about the confusing similarity between this domain AcornMedia:
Complainant contends that Respondent’s acorn.tv domain name is confusingly similar to Complainant’s ACORNMEDIA mark. The Panel finds that the only differences between the mark and the disputed domain name are the deletion of the term “media†from the mark and the addition of the country-code top-level domain (“ccTLDâ€) “.tv.â€
I’m sorry, but that’s a big difference.
Nevermind that the domain owner has spent a lot of money developing his plan for the site.
Could there be some confusion between Acorn.tv and Acorn Media Group? Absolutely. But to the extent that’s a problem, it’s outside the scope of UDRP.
Update: Nat Cohen also has some good analysis of the case.
RH says
Great find Andrew. By this logic Go Daddy would have rights to Daddy.com because outside of the deletion of the word “Go” there is no difference.
Ms Domainer says
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WTF? is right.
Past decisions have stated that the TLD should NOT be considered as part of the TM mark.
In that case, Viacom would have rights to Via [dot] com.
Very bad precedent.
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Michael says
You should file a UDRP against ADRForum.com… according to their logic it is identical except for the replacement of DNW with ADR, and adding the word Forum. Shameful of them to encroach on your DNW.com like that.
Louise says
Acorn.tv shouldn’t have lost this. If it had been represented by John Berryhill, it wouldn’t have lost. Didn’t it show up with a lawyer?
CornoCopia says
Acorn domains YOU ARE NEXT!!!!!! moooowahhhahhhha
Jim Holleran says
That is why you need 3 panels and not 1, and that is why you also need Mr Berryhill who get’s the job done.
Larry Magen says
Thank you all so much for your support! It means a lot to me. My selection of the name Acorn way back in 2005 was to honor my father who passed away in 2000. He had many sayings and one of them was, “From small acorns, giant oak trees grow!” I put that saying on all business cards, brochures, website, etc. to honor my dad. And that is the reason that I tried to hold on to the domain… even when Acorn Media called me early this year and offered me $3,000 to sell them the name. I told them that I was not interested in selling them the name.
To answer one of the posts here, I did hire an attorney who specializes in Internet Domain law. I thought that he did a fabulous job in answering their complaint! After reading their case and ours… I was absolutely certain that there was no way we could lose. Surprise….we lost! I must now transfer the name to them within about 7 more days.
I am still exploring options. If anyone here has any thoughts that might help me… I would love to hear them. I can be reached via email at: [email protected]
Again, thank you all for your support.
All Good Things,
Larry Magen