Reserved three letter .link domains won’t be suspended.
Frank Schilling’s North Sound Names, the company under which he registers premium domains in his new TLDs, has defended two such domain names from a URS filed by IBM.
IBM filed a Uniform Rapid Suspension case against the domain names DB2.link and AIX.link.
North Sound, with the help of attorney John Berryhill, successfully convinced the URS panelist that it registered the domain names as part of a collection of three letter domain names rather than to infringe IBM’s marks. It pointed out that multiple companies use DB2 and AIX in their names or as acronyms.
The panel noted that IBM’s rights in the terms relate only to specific products and services. They are not universal.
The parked pages for the domains don’t seem to be targeting IBM’s usage, either.
As a result, IBM lost the cast.
Could the same principal of multiple companies using a trademark apply as well? Often times there are many companies in different industries with a trademark.
Andrew Allemann says
Sure, depending, in part, on what you show on your parked page.
How does this guy do it? John Berryhill defeats IBM. We are talking IBM here. Frank Schilling is a smart man. But him getting Berryhill to go up against IBM is genius. Any time a huge Goliath like IBM gets the boot, it is a great day for domain name owners. Another precedent for the small guy is now set. Not that Frank Schilling is a small guy, but he isn’t IBM either. Mr. Berryhill keep fighting the good fight.
Nice work john !
Just because Berryhill can win these cases doesn’t mean he’s Superman, it means that he’s Berryhill….
John Berryhill says
Thanks but, really, it’s just about the facts and a reasonable application of the policy. There’s no magic or special talent. The facts and the policy are what they are and that’s it.
Oh and he’s humble too. 🙂 John Berryhill that may be the case. But for a guy who states, “there’s no magic or special talent”. That’s like telling Lebron James or Tiger Woods, all you have to do it put the ball in a hole. Come on now.
These guys are winners for a reason. And so are you. Heck how many cases have you lost compared to your wins? You sir when it comes to this stuff are the Lebron James or Tiger Woods. Indirectly, you are helping domainers worldwide. Keep up the great work.