Photoshop maker takes another stab at getting his domain names. It fails.
Photoshop publisher Adobe (NASDAQ: ADBE) has tried (and failed) for a second time to take away the domains of a photographer in the Dominican Republic.
The company first filed a cybersquatting claim against Photoshop del Caribe, S.R.L in 2016, claiming that its use of PhotoshopCaribe.com was cybersquatting. The Dominican Republic company successfully defended that case because Adobe didn’t show that the domain was registered in bad faith. Adobe failed to show that its Photoshop mark was well known in the Dominican Republic when the photographer registered the domain in 2006 and chose his company name years before that.
Fast-forward to 2019. Adobe filed another cybersquatting dispute against both the original domain PhotoshopCaribe.com and PhotoshopdelCaribe.com. Since the original case was filed, Adobe has successfully gotten Photoshop del Caribe’s tradename registration in the Dominican Republic canceled.
The owner of the domains said he had no idea about the tradename cancellation until it received the new cybersquatting complaint. It is appealing the cancellation.
The World Intellectual Property Organization declined to hear the case on PhotoshopCaribe.com since Adobe already lost a dispute against the domain in 2016. It did consider if PhotoshopDelCaribe.com is a case of cybersquatting, but decided that Adobe didn’t show it was registered in bad faith.
Panelist Adam Taylor noted that Adobe didn’t remedy its shortcomings from the first case it lost.
Photoshop is powerful software, but it can’t manipulate old cybersquatting cases to make them look like they never existed.
Renata Barnes says
The photographer if he was a good one would know what photoshop was even if he lived in timbuckto. Thats why you should never add a brandname into your domain name as it just cause problems and legal fees. Wow this photographer is missing a brain cell or two.
C.S. Watch says
Younger people may not know that every mall had a ‘photo shop’ at one time. Not a photo store or film processor—a ‘photo shop.’ Now set your time machine to DR years. This guy is on the square.
Like Adobe’s ‘Illustrator’ brand, Adobe grabs at the benefits of a generic here. They knew what they were doing. And with that beneficial grab comes a duty to remain graciously silent as we the world proceed with the use of our lexicon, without them reaching into our pockets or sneaking a boot onto any necks.
A trademark is not an patent. Otherwise we taxpayers wouldn’t be paying for two govt offices.
With a TM you get the right to prevent others from posing as you only to the extent the reasonable consumer might confound you two and thereby waste their valuable time. We don’t pay your promo tab, Adobe. Nobody is in the Dominican Republic next to the shave ice wondering if they’re at Adobe HQ.
Walter Tennyson says
@Renata Barnes, He must not be to stupid… He Won both cases. He doing business and making money.
Renata Barnes says
Perhaps, but what has it cost him in legal fees to defend himself? I would not get myself in that position in the first place…..
David Thornton says
Check the case link. It doesn’t exist. Remove the trailing dot to fix.
Good that they did not Photoshopped any proofs. : )
Adobe can sink at any moment, people don’t know any more how to do a good photography because of Photoshop. I am enjoying so much when Adobe lose.
Renata Barnes says
Looking at the photographers work, it looks really bad considering he presumingly uses photoshop but does not want to admit it. I certainly would not ever hire him if I lived in his location. Photoshop is not just for photographers it is for graphic designers too, by giving photoshop a bad review I presume you have never used it. I for one use it to advertise my domains. I suggest thinking before speaking.
Even with your reason, Adobe should still go down because their software are too expensive, buggy and not optimized.
They even raise their price recently.
Honestly, I wish everyone would just stop using Adobe software and switch to a more reasonable competitor so they would start improving their software.
If you don’t believe ow unoptimized their software is, please ask anyone using Premiere Pro.
What the hell. For me nothing is wrong but I believe photoshop have got to defend its intellectual property and domains. I wish them well though.
Apparently this software have put food on some people’s table and I respect that.
Guillermina Gonjon says
If he didn’t know, the person who created his website definitely knew. Photoshop 5.5 was the only Gif optimizer when people first started publishing HTML pages. Photoshop 5 had to come up with Photoshop 5.5 because of the web. I myself lunched a Dominican website by 1999 or 2000.
Dominicans have been in the web since very early.
Aaron Roydhouse says
My company built websites in 1996 and we had Photoshop, but we only used as
Ulead PhotoImpact as it was way better than Photoshop for optimised GIFs and pixelized fonts. Later purchased by Corel. There were plenty of other options better that Photoshop for web work. Adobe didn’t add for web tools to Photoshop until years later.
Just get a RingWord and solve the problem.
Alexander Kalu says
Its true I use Photoshop, but sometimes I change course