Domain owners fight back in court before UDRP is decided.
Last Month Wolf Steel, which markets fireplaces under the brand name Napoleon, filed a UDRP cybersquatting dispute against the domain name napoleon.com. The owners of the domain name are fighting back with a lawsuit.
Emmet Stephenson, Tony Stephenson and Domain.com, Inc. (not affiliated with the Endurance International Group domain name registrar) filed the suit (pdf) in Washington State on April 12.
The lawsuit states that the Stephensons registered the domain name in 1995. Since that time they have received multiple offers on the domain name, including from Wolf Steel, but have declined the offers.
Emmet Stephenson grew up in Louisiana and has long been infatuated with Napoleon Bonaparte, the lawsuit states. The Stephensons own Napoleonic artifacts such as Napoleon Bonaparte’s death mask, a plan of the Battle for Austerlitz, one of four unique clocks commissioned by Napoleon Bonaparte for his children, and various documents signed by, written by, and written to Napoleon Bonaparte.
The domain name has been parked and showed ads for fireplaces and barbeque grills, which is likely the basis for Wolf Steel’s UDRP.
Nevertheless, it seems unlikely that the Stephensons registered the domain name in bad faith to target the fireplace maker.
The Stephenson’s company owns a number of great domain names including Communications.com, Wireless.com, Annuities.com, Bookie.com, TX.com, Technology.com, Hut.com, and Police.com.
Attorney Derek Newman is representing the Stephensons.
Update: the case was dropped, the UDRP was withdrawn and the fireplace/trill manufacturer now owns the domain. This likely means they sold the domain.
JZ says
They are more well known for their line of BBQ’s than fireplaces.
Andrew Allemann says
Thanks for the info. I had never heard of them before and the fireplaces came up first in search.
JZ says
I was trying to decide between a Weber and Napoleon bbq and well, this will be the deciding factor. Weber it is.
Steve says
I almost worked with the Stephensons to develop one of their ultra premium domains 2 years ago. Good people. They’ve donated millions to medical research.
Nick says
Glad to see the domain owners go on the offensive
Domain Names Sold says
Yes! I feel like im the only one who’s been complaining how domainers have everything to lose while nothing happens to the complainant. For years I’ve made the case that in court the defendant can counter sue for malicious prosecution but domainers we dont have that option. We just label them as a Reverse Domain Name Hijacker. Thats not good enough, hopefully this will set a trend.
Andrew Allemann says
Update: the case was dropped, the UDRP was withdrawn and the fireplace/trill manufacturer now owns the domain. This likely means they sold the domain.