Displaying posts tagged under "reverse domain name hijacking"
Company went after CyclingTips.com.
Law firm ESQwire.com has scored yet another Reverse Domain Name Hijacking victory on behalf of a client.
Wallace Media Pty Ltd, which operates the cycling website CyclingTips.com.au, filed the case against the owner of CyclingTips.com. Wallace Media complained that people looking for its site often leave off the .au, leading them to the respondent’s domain name.
There were a lot of issues at play in this case, including when the respondent actually registered the domain name. Fundamentally, though, this case came down to a company adopting a highly descriptive domain name and then wanting to get common law trademark protection for it.
Wallace Media threw out a bunch of stats to show that its website is popular among Australian bicyclists. But what does that have to do with a domain name owner in Canada, who could have purchased the domain name for the same descriptive purpose? Click here to continue reading…
Domain attorney defends owner of Squirrels.com in his latest animal-related UDRP.
Domain name attorney John Berryhill is either Noah, busily filling up his ark, or he has a fetish with animals.
He’s successfully defended UDRP filings against Pig.com, Elephant.com, Ant.com and Elk.com. Now you can add Squirrels.com to the list.
World Intellectual Property Organization has just handed down a decision in Squirrels LLC vs. Giorgio Uzonian for the domain name Squirrels.com.
As far as rounding up animals to get them on the ark is concerned, this was a fairly easy one. The complainant filed a completely baseless complaint, claiming rights that came at least 14 years after the respondent registered the domain name. Click here to continue reading…
Develi Restaurant chain guilty of abusing UDRP.
A restaurant in Turkey has been found guilty of reverse domain name hijacking over the domain name develi.com.
The complainant runs a restaurant chain called Develi and uses the domain name DeveliKebap.com.
A key problem for the complainant was that Develi is also the name of a city in Turkey. Although the complainant has trademarks including “Develi”, these are figurative marks as part of a drawing.
In fact, when the complainant tried to trademark a Develi logo in the United States, it specifically disclaimed the exclusive right to use “Develi”.
In finding the complainant guilty of reverse domain name hijacking, the panel wrote:
The Panel is troubled by the Complainant’s inability to provide suitable evidence to support its assertions of the extent to which it is well-known, in terms of its case that the Respondent was more likely than not to have been targeting it. More importantly, however, the Panel is concerned by the Complainant’s critical failure to address either in the Complaint or in its supplemental filing the fact that the name “Develi” holds a non-trademark meaning arising from the eponymous city. Instead, the Complainant attempts to rely upon bare averments that it is well-known, vague assertions as to the reach and extent of its restaurant chain with no supporting evidence and an unfounded submission that the Respondent is Turkish.
…as the company wastes money with a reactive approach to intellectual property management.
Planet Fitness, a chain of over 800 fitness clubs in the United States, has been found guilty of reverse domain name hijacking for its attempt to get the domain name judgmentfree.com.
This is despite the domain name owner not even responding to the dispute.
Planet Fitness uses the slogan “Judgement Free Zone” for its gyms. I assume that means you won’t be judged for being out of shape there.
The domain name at issue is JudgmentFree.com without the ‘e’ in Judgement. Planet Fitness apparently has trademarks for both spellings of the term, which is odd since that would require they use both spellings in their marketing. Click here to continue reading…
Company abused policy to try to deprive rightful owner of CountryGirl.com domain name.
LML Investments, owner of Country Girl branded clothing sold at CountryGirlStore.com, has been admonished by a panel for abusing the Uniform Domain Name Dispute Resolution Policy (UDRP).
The company filed a cybersquatting complaint against PA Gordon, owner of CountryGirl.com. The case was filed despite Gordon having owned the domain name since well before LML Investments claims any trademark rights in the “Country Girl” mark.
A three person National Arbitration Forum panel determined that LML Investments did not make even a prima facie case in support of its arguments that Gordon lacked rights and legitimate interests in the domain name. It was also unable to prove he registered the domain in bad faith, given that he registered it before the trademark rights.
The panel wrote:
The Panel finds that Complainant and its counsel have acted inappropriately and in reverse domain name hijacking by initiating this dispute and continuing with it following the delivery of the Response by Respondent. Complainant is attempting to deprive Respondent, the rightful, registered holder of the disputed domain name, of its rights to use the disputed domain name. Complainant and its counsel should have known that they would be unable to prove at least two of the elements needed to prevail. Even a cursory review of the URDP and UDRP decisions would have alerted Complainant and its counsel to the fact that its case was devoid of merit.
LML Investments was represented by Continental Enterprises, an intellectual property firm that claims on its website to “use non-traditional strategies to combat infringers domestically and around the globe to provide effective solutions for seemingly intractable IP problems.”
Gordon isn’t the only person the company has gone after in trying to enforce its “Country Girl” trademark.
Ari Goldberger of ESQwire.com represented the domain name owner.