UDRP against Apollo.com will be interesting to read.
Earlier today, Elliot Silver wrote about a UDRP filed against the valuable domain name Zero.com.
Add another valuable “dictionary” word to the list: Apollo.com just got hit with a UDRP.
Fashion One Television Limited filed the UDRP.
Fashion One launched in 2010 and produces a number of fashion TV shows. I couldn’t find any shows in its stable with “Apollo” in them.
Apollo.com is owned by Apollo Management LP, an alternative investment manager.
It’s not entirely clear when it acquired the domain name, which was originally registered in 1997. DomainTools historical whois records show that Apollo Travel Services Partnership owned the domain in 2000, and this company is part of Travelport, which was listed as the owner of the domain until at least late 2015. At that time, the domain went under whois privacy, which was just unmasked to reveal Apollo Management when the UDRP was filed.
It seems that the domain name has resolved to a Network Solutions parking page since Apollo Management acquired it. The page shows ads related to travel.
Fashion one is owned by a domainer. Michael Gleissner according to his Linkedin page
Yes, there appears to be more to this story than I originally thought. I’m traveling at a conference, but will dig into it later if no one else does.
Michael Gleissner, big domain portfolio, incredibly nice portfolio I may add, he likes the good stuff, sold him (investment groups) some biggies and know people who have as well! I would guess he made an offer first but not sure what ground he is on here but one thing for sure, he knows his domains!
There are 3 Live US TM Registrations for APOLLO, each held by separate companies.
1. Bike parts
2. Classroom chairs
3. Metal Door
None of these companies own Apollo.com, nor are they the complainant. The owner of Apollo.com can claim fair use outside the scope of 1, 2, and 3.
There are 9 Live US TM Applications for APOLLO yet to receive a Notice of Allowance, Notice of Rejection, or Notice of Abandonment.
Of the 9 pending apps, one may have been filed by either the complainant or the owner of Apollo.com.
There are also 44 Live US Trademarks for two-word Apollo combos. These 44 TM Two-Worders do not have strong enough marks for any one of them to jump ahead of the other 43 in line and claim priority to the .com
What it boils down to is IF the complainant filed one of the 9 pending TM apps, his TM registration that hasn’t happened yet is already too late, the .com owner got there first. And his TM app may get a Notice of Rejection from the USPTO. Furthermore, he may not have filed any one of the 9 pending TM apps at all!!!
This is the Complainant:
FASHION ONE TELEVISION LIMITED is the Original Applicant for the trademark APOLLO ™ (UK00003046299) through the UKIPO on the 2014-03-12
Trademark classes: Internet protocol television (IPTV) transmission services; Simulcasting broadcast television over global communication networks, the Internet and wireless networks; Television broadcasting. Television entertainment services; production, presentation and syndication of on-line television channels via the Internet and other electronic media; production, presentation, syndication and distribution of television programmes and sound and video recordings for broadcasting by television, cable, satellite, video and by electronic means including via the Internet.
See the tm logo after the word Apollo, if it was a Registered Trademark, it would have the capital R w/ a circle around it.
The owner of the Apollo.com can still claim fair use outside the scope of the complainants tm application,
even if it is awarded a Trademark Registration.
Isn’t there a BBC television show in the UK called “Live at the Apollo” that’s been on the air since 2004? Filing a TM app in 2014 claiming rights to all television entertainment broadcasting production under the word Apollo seems like it would put the complainant in conflict with the BBC too. That is for the examiners to determine.
Thanks, I know TM rules, I was just mentioning who the Complainant is.
The complainant was already mentioned in the first comment. Making observations about the process in general as the story unravels is OK. Good day.
Andrew:
Please allow a correction: My prior comments about this matter were based on a limited set of records.
At tmsearch.uspto.gov, you will find there are far more than 3 Registered Trademarks for APOLLO, there are dozens or more to be found in a sort of nearly 1000 records.
This is why it is necessary to hire a licensed Trademark Attorney who is paid to examine all the records and qualified to advise and issue a legal opinion.
Thank you.