WorkBetter.com owner fights back against ACPA lawsuit

Jason Kneen fights motion for preliminary injunction and points out plaintiff’s apparent shenanigans.

Earlier this week I wrote about how New York company Office Space Solutions, Inc. had filed a cybersquatting lawsuit against Jason Kneen of the UK over the domain name WorkBetter.com. Kneen registered the domain name in 1999, well before Office Space Solutions had any idea of using the name in 2014.

Office Space Solutions also asked for a preliminary injunction on the domain name.

Kneen has submitted an opposition to the motion for preliminary injunction (pdf), outlining what appear to be rather questionable assertions made by Office Space Solutions and Harsh Mehta.

Here’s a general timeline of events according to Kneen: Click here to continue reading…

Lens.com fails in cybersquatting complaint over Lens.in

Lens.com not seeing so clearly.

Lens.comOnline contact lens retailer Lens.com has failed to win a cybersquatting claim (pdf) against the domain name Lens.in.

Lens.com filed the dispute under the .IN Domain Name Dispute Resolution Policy (INDRP).

The panelist determined that Lens.com doesn’t have any rights in the term “lens”, just lens.com. That would not give it rights to Lens.in, and this caused the rest of the case to fail.

INDRP is very similar to UDRP, except that the third element of use in bad faith says “registration OR use” instead of “registration AND use”. The policy actually contradicts itself on this issue, using OR instead of AND in one spot.

Despite the similarity, INDRP has proven to be extremely complainant-friendly. It has been used to turn over the domains Web.in, Jobs.in, Honey.in and All.in.

There’s a bit of a wrinkle in the Lens.in case. There’s some question over the ownership of the domain name, and the panelist determined that the registry can cancel the Lens.in domain name registration.

If anyone is familiar with dropping .in domain names, they might want to keep an eye out for this.

Cybersquatting lawsuit filed over domain name registered 16 years before plaintiff’s use

Office Space Solutions wants a domain name registered 16 years before it started using the corresponding term in commerce. It’s taking the legal route to get it.

New York company Office Space Solutions, Inc. has filed a cybersquatting lawsuit (pdf) against Jason Kneen of Great Britain over the domain name WorkBetter.com.

Office Space Solutions filed an intent-to-use trademark application for Work Better with the U.S. Patent and Trademark Office in 2014. It began using the mark in commerce in February 2015.

Jason Kneen registered WorkBetter.com as early as 1999. Domain Tools’ historical records for this domain only go back to 2001, when Kneen is shown as the registrant.

Now Office Space Solutions wants the domain name for its business. Rather than paying for it, the company has filed a lawsuit under the Anticybersquatting Protection Act. Click here to continue reading…

St. Louis bank sues to take over gripe domains

Bank and board member file cybersquatting claim over two domain names they call defamatory.

Midwest BankCentre, a bank in St. Louis, has filed a lawsuit to get control of the domain names MidwestBankCheated.com and JerryScheideggerCheatedMe.com. Jerry Scheidegger is a board member of the bank.

Both domain names lead to content making allegations about the bank and a foreclosure. The allegations are made in response to a foreclosure in which the person claims Scheidegger was enriched after buying property out of the foreclosure.

The lawsuit is an in rem action under the since both domain names are protected by GoDaddy’s whois proxy service. Given the content on the domain names, I’m sure the bank knows who is behind them. Click here to continue reading…

John Berryhill on domain name law and cybersquatting – DNW Podcast #35

Protect yourself from cybersquatting claims.

Domain Name Wire podcastWhat happens when a company thinks you’re cybersquatting on one of its trademarks? Domain name attorney John Berryhill has helped people defend many such accusations. On this episode he explains what a company has to prove in the Uniform Domain Name Dispute Resolution Policy (UDRP). He also discusses some common misconceptions about the factors that will sway a UDRP panel one way or the other. Did you know that parking your domain name can actually help you defend a cybersquatting claim? Learn why on this episode of the Domain Name Wire Podcast.

Also: FTC on .sucks, Fat Tuesday and Fred Kreuger leaves Minds + Machines.

Subscribe via iTunes to listen to the Domain Name Wire podcast on your iPhone or iPad, or click play below or download to begin listening. (Listen to previous podcasts here.)