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Domain Name Wire

Displaying posts tagged under "lawsuits"

  • Web.com sued for telemarketing calls

    1. BY - Nov 10, 2014
    2. Domain Registrars
    3. 4 Comments

    Plaintiff complains about multiple telemarketing calls.

    Web.comA California resident has sued Web.com, claiming the company called her cell phone multiple times in violation of the Telephone Consumer Protection Act. The lawsuit seeks class action status.

    Web.com disclosed the lawsuit in its most recent quarterly filing:

    On October 31, 2014, a putative class action was filed in U.S. District Court for the Southern District of California (Tammy Hussin, et al. v. Web.com Group, Inc.). The lawsuit complains that the Company allegedly contacted the plaintiff and putative class (which plaintiff alleges may “number in the thousands, if not more”) on their cellular telephones via an automatic telephone dialing system without their prior express consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”). Plaintiff is seeking for each alleged TCPA violation $500 in statutory damages or $1,500 if a willful violation is shown. In addition to statutory damages and damages for willful violations, Plaintiff seeks injunctive relief. We have not yet responded to the Complaint and discovery has not yet commenced but we intend to vigorously defend ourself.

    Click to continue reading…

  • Affiliate Summit sues hotel booking company

    1. BY - Oct 02, 2014
    2. Policy & Law
    3. 0 Comments

    Organizers say defendants are tricky conference attendees into booking hotel rooms.

    Affiliate SummitMany people in the domain name industry that go to January’s NamesCon conference will stick around Vegas for the Affiliate Summit conference, which starts January 18.

    If you are going to the show, beware: organizers of the conference say a company is misrepresenting itself to attendees in order to sell hotel bookings.

    In a lawsuit (pdf) filed in U.S. District Court on Tuesday, Affiliate Summit claims that Los Angeles-based Exhibitors Housing Services, LLC is cold calling conference registrants and claiming they are “handling the hotel bookings for Affiliate Summit West 2015.”

    Affiliate Summit alleges that the company charges high booking fees to people that book hotels through them.

    It’s usually advisable to book conference hotel rooms through links on the official show site.

    Update: Jothan Frakes, one of the organizers of NamesCon, said he has also dealt with this hotel booking company. It hurts conferences in multiple ways. It often creates confusion and customer service issues among conference attendees. It also means fewer rooms booked on the conference’s hotel block, which has a financial repercussion for the conference. Often times the booking company deal will sound better, but it excludes resort fees.

  • Company pays $25k to resolve lawsuit stemming from UDRP

    1. BY - Sep 30, 2014
    2. Policy & Law
    3. 15 Comments

    Domain name owner that sued after losing UDRP settles for $25,000 (not including the domain).

    Companies that file long shot UDRPs with the hope of scoring a great domain name, take note.

    An Austin company has agreed to pay $25,000 to settle a lawsuit filed against it after it initiated a UDRP case.

    And the company won its UDRP. Click to continue reading…

  • UDRPsearch owner sues after being threatened with UDRP

    1. BY - Jun 20, 2014
    2. Policy & Law
    3. 9 Comments

    Virtual Point sues after person threatens UDRP if it doesn’t sell a domain for $1,000.

    The owner of UDRP database site UDRPSearch.com has filed a federal lawsuit (pdf) after being threatened with a UDRP.

    Virtual Point Inc filed the lawsuit after an individual tried to buy the domain name ALFinancial.com and allegedly threatened to file a UDRP if Virtual Point did not agree to a low price.

    According to the filing, Joseph Rosenzweig contacted the plaintiff about acquiring the domain name. Rosenzweig offered $500 for the domain. Virtual Point countered with an $8,000 ask. Rosenzweig then responded with a $1,000 offer and “informed Plaintiff that his principal had “quite a bit of evidence” that the Domain Name was being squatted-on” by Plaintiff and that his principal wanted to “avoid going the UDRP route, which would cost about
    $1,000 anyway.”

    Virtual Point filed the lawsuit to head off a UDRP. It’s asking for more than just the usual Declaratory Judgment. It’s also claiming wire fraud (because the defendant allegedly made false statements over email to force the plaintiff to sell the domain), fraudulent representation and unfair competition.

    The suit names Rosenzweig and doe defendants. Virtual Point is represented by Mike Rodenbaugh.

  • Company sues to overturn UDRP decision

    1. BY - May 14, 2014
    2. Policy & Law
    3. 4 Comments

    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 name (2012) rather than when it was first registered (1996) when determining registration in bad faith. Since Jeffers didn’t get a registered trademark until 1997, Technology Online argues the domain name wasn’t registered in bad faith.

    This argument ignores years of precedent in UDRP, in which the date the current registrant acquired the domain name counts as the registration date.

    It also ignores the actual reasoning of the panelist in the UDRP case. Although Jeffers didn’t register a trademark until 1997, it claimed a first use date of 1976. The panelist said this wasn’t contested by Technology Online and thus Jeffers.com was registered well after the name was used. (The original case doesn’t address if Jeffers had trademark rights dating to 1976, however.)

    There may be other legitimate reasons Technology Online should dispute the outcome, but it doesn’t do a good job of laying them out in the case.

    Jeffers.com was part of the Mailbank portfolio (later Net Identity) acquired by Tucows. People with the last name Jeffers could get free @jeffers.com email addresses at the domain.

    The lawsuit includes an interesting communication from someone who used three free email addresses and was frustrated that Tucows terminated the service a few years ago with little notice. (That’s a good warning to anyone using free email on a domain that could be sold in the future).

    Technology Online says it planned to bring back the free email service as a legitimate use of the domain name, but its two year delay in doing so will certainly be questioned.

    This isn’t the first time Technology Online has turned to the courts after losing a UDRP. The Nevada company previously sued after losing a UDRP for UrbanHome.com.

    Court filing – PDF (6MB)