Magazine publisher loses case for valuable InteriorDesign.com domain name.
A three person National Arbitration Forum UDRP panel has denied Interior Design Media Group, LLC’s claim on the domain name InteriorDesign.com.
As I wrote about in October, the domain name was been owned by domain investor P. A. Gordon for about 15 years.
Gordon owns some great domain names and explained to the panel that he buys generic domains that may have commercial value. He lists laptops.com, desktops.com, outdoors.com, unitedstates.com, italy.com, spain.com, management.com, getaway.com, autoinsurance.com, and insurancebroker.com as examples.
The complainant claims to have used “Interior Design” for a magazine since 1951. It has a registered trademark for the term dating to 1995.
Still, the domain is clearly a generic term referring to a massive industry. It’s easily worth six figures, if not more.
It didn’t help that the publisher waited 15 years after the domain was registered to file the complaint.
Although the panel didn’t consider the issue of reverse domain name hijacking, panelist Neil Brown Q.C. provided a lengthy discussion of why the complainant also didn’t prove a lack of rights or legitimate interests in the domain name (something the rest of the panel didn’t make a decision on.)
Interior Design Media Group, LLC was represented by J. Rodman Steele, Jr. of Duane Morris, LLP. P.A. Gorden was represented by Esqwire.com.
DAG says
I think it’s time we hold those that attempt to steal our valuable property accountable. For this case, Adam Sandow, CEO of Sandow Media, is the person who should be publicly called out. I hope that every large domain blog that has a presence makes a point to shame this sorry SOB. Notice this decision shelters his name specifically. Probably not an accident! This is by design, and therefore, it should be our job to call this scumbag out. These actions will carry a penalty, and future complainants need to learn what will happen if they do the same.
Rick Schwartz and Mike Berkins, are you listening? With enough collective effort, guys like Adam Sandow will be fearful for what turns up about them in searches.
xomainer says
Wipo needs to implement the following:
1. Adverse Possession — if a domain has been owned “open and notoriously” (ie with accurate WhoIs information) for over 7 years, it cannot be challenged. Period.
2. Lawyer fees and costs need to go to the winner. Otherwise Plaintiffs like this one have little to lose and much to gain.
3. A finding of “reverse hijacking” needs teeth and should have consequences. Presently, it means nothing.