Displaying posts tagged under "udrp"
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.
Agent files UDRP to get domain name.
The case was filed by Banksy Inc (C/O Pest Control Office Limited). Pest Control Office is essentially an agent and certification group for Banksy’s work. It is currently trying to get a U.S. trademark for Banksy.
If you go to Banksy.com right now, you’ll find a site about banks: Click here to continue reading…
Case filed with World Intellectual Property Organization against Photo.com.
The domain name Photo.com has been hit with a UDRP filing at World Intellectual Property Organization.
According to a 2010 story at TheDomains, Moniker brokered the sale of this domain name back then for $1.25 million.
The complainant is Fotocom Société Anonyme. I’m having trouble due to the language barrier, but it’s possible that this group is associated with the domain name Foto.com. Foto.com is owned by a company called Fotocom.
If this is the case, then this may be one of most blatant cases of reverse domain name hijacking…ever. It’s certainly one of the most valuable domain names to ever be hit with a UDRP complaint.
Interestingly, at one point in 2011 there was a copyright notice on Photo.com stating it was owned by “Photocom”, so there’s a possibility of some sort of connection.
…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…
Complainant goes after domain name for a second time, and loses for the second time.
Original Web Ventures has survived a UDRP that was filed against its MySchool.com domain name — a domain name it purchased last year for $42,000.
The complainant, Joseph L. Carpenter, runs a site at MySchool411.com. He filed a UDRP against MySchool.com back in 2010 and lost that case. Now that the domain has changed hands, he took another crack at it.
A three person National Arbitration Forum panel found that the complainant didn’t even make a prima facie case in support of its arguments that Respondent lacks rights and legitimate interests. Click here to continue reading…