Displaying posts under "Policy & Law"
Motive behind creating ad agency website and trademark claims are questioned.
San Francisco company Hippie Tours LLC has lost a UDRP against the domain name HippieBus.com. It made a number of Magical Mystery claims in its UDRP.
John Berryhill represented domain name owner Mansour Elseify in the case.
On the surface, this case appeared to be one where a clueless complainant went after a domain name registered many years before the complainant started its business. But there’s more to it, as Berryhill uncovered. Click here to continue reading…
Company paid $55,000 for domain name before it was stolen.
Corporação Industrial do Norte, S.A (CIN) has recovered the domain name CIN.com, a domain name it says was stolen from it, through a UDRP.
The company acquired CIN.com for $55,000 last summer. It alleges the domain name was then stolen and transferred to domain name registrar eName. (eName has apparently become a favorite registrar for domain name thieves. I see lots of allegedly stolen domain names ending up there.)
CIN filed a UDRP to get back control of the domain name. UDRP is sometimes used to recover a stolen domain name, but the complainant has to show some sort of trademark rights in the domain name in order to effectively use UDRP for this purpose.
The panel noted that the domain name owner didn’t bother to respond to the case, and thus it was likely (in light of the allegations) that it didn’t have any sort of rights in the domain name and “registered” it in bad faith.
eBay wins a massive UDRP case.
eBay has successfully taken down over 1,000 domain names containing its trademark, many of which were set up as commerce sites.
The online auction company filed a UDRP against the owner of 1,153 .com and .net domain names. All of the domain names contained “ebay” followed by a series of numbers, such as ebay962.com, ebay623.net and ebay389.com.
The domain names were protected by a privacy service. When the privacy was removed, the whois records showed multiple owners. However, eBay convinced the panel that they were all the same owner or were working in concert. This is highly likely, given that the domains were all registered over two days in 2014.
Whomever owned the domain names didn’t respond to the complaint.
eBay successfully took down the sites and the domain names will be transferred to its control. But what will the company do with these 1,000+ fairly useless domain names? I’ll be curious to see if they renew them.
A lot of people went phishing for domain names in 2014.
It’s a lot easier to steal a million dollar domain name from most domain name registrars than it is to steal a million bucks from the bank.
After losing two UDRPs, light bulb store files federal lawsuit.
If at first you don’t succeed…
New York City light bulb store Just Bulbs has filed a federal lawsuit (pdf) against the owner of the JustBulbs.com domain name, marking its third attempt to get the domain name through an arbitration or legal filing.
The company filed and lost a UDRP against domain name owner Greg Ricks in 2003. It then filed a case in 2013 that it also lost. Now it’s turning to the courts to try to get the domain name.
In the original UDRP, the panel was impressed that Ricks changed the use of the parked page on the domain name to refer to flower bulbs instead of light bulbs. The panel in the second UDRP referred to the finding in the first case that the domain name wasn’t registered in bad faith, even if it was allegedly used in bad faith subsequently.
The lawsuit goes beyond claiming violation of the Anti-cybersquatting Consumer Protection Act to include five other causes of action.
Just Bulbs uses the domain names JustBulbsNYC.com and JustBulbs.nyc.