Media company loses attempt to get domain names through arbitration.
Martha Stewart Living Omnimedia has lost a domain name dispute over the names EverydayFood.com and Everyday-Food.com. The company operates a magazine and TV show called “Everyday Food”.
Martha Stewart Living didn’t just lose, it choked. A three person arbitration panel found that the company didn’t prove any of the three elements required to win at arbitration.
The company claimed that it had rights to the domain names based in part on an “intent to use” trademark application filed with The United States Patent and Trademark Office. These filings were made prior to the respondent registering the domain names, but both applications were under refusal when the domains were registered, argued the respondent’s attorney John Berryhill. Berryhill claimed:
The Complaint is premised on the proposition that the mere filing of a registration application, which anyone may do at any time for any word or phrase regardless of use, registrability, or eventual disposition of the application, acts as a bar to registration of a domain name. There is no principle of law or doctrine under the Policy which supports such a premise, and quite a body of decisions which contradict this premise.
I guess foodies everywhere will have to continue typing three more letters to access the magazine’s web site: EverydayFoodMAG.com. Hopefully they’ll still have time to make American Flag Tarts for the upcoming holiday.
Domain Investor says
John B. did an excellent job. Most of the time, the panelist would accept the complainants’ claims as facts.
http://domains.adrforum.com/domains/decisions/1259275.htm
Usually, it comes up that an offer was made and a price was quoted. Nothing this time.
I wonder if they made an offer for the domains?
I don’t think it is too smart that the domain is presently pointed towards Sedo with the top link being Martha Stewart’s magazine.
Very sharp lawyer.
The domainer should sharpen up.
(Sorry but true.)
Johnny says
@ Domain Investor…..I’d bet dollars to donuts that Martha Stewart Living placed that ad on that parked domain simply to create a trademark violation, which apparently it can not do.
Shame on Martha Stewart…..again….LOL.
David J Castello says
LOL Great headline, Andrew 🙂
jblack says
No one should be surprised a convicted perjurer could be behind something so underhanded. Got caught. Again.