Domain investor files suit to halt domain transfer.
The owner of the lambo.com domain name has filed a lawsuit after losing a cybersquatting case involving his domain name.
Automobili Lamborghini S.p.A. filed a UDRP cybersquatting claim against the domain name, which is owned by Richard Blair. In the UDRP, Blair argued that he was known by the name Lambo, including using it as his username on the domain name forum NamePros.
The three-person World Intellectual Property Organization panel found in favor of the carmaker last month in a 2-1 split decision.
Blair wasn’t represented by counsel in the UDRP but subsequently hired Lews & Lin, LLC to file the lawsuit against Lamborghini. The WIPO decision is stayed because the suit was filed within 10 days of the UDRP decision.
The lawsuit asks the court to declare that Blair is not cybersquatting with his ownership of the domain name. It makes a number of arguments about his interest in the domain name that probably should have been made in the UDRP.
In a lawsuit, Lamborghini could seek discovery to learn more about what Blair was thinking when he registered the domain, assuming he communicated about it with someone else. But if it’s all in his head, that’s difficult to discover.
John Berryhill says
“But if it’s all in his head, that’s difficult to discover.”
There are countless laws which rely on “intent” as an element. As usual, intent is inferred from all of the other facts which come to light in the process.
One of the first things that should be looked at is what came first the brand or the domain. If the domain was registered after the brand established a trademark then it may be a losing battle. Then again if the domain never tried to monetize then the owner shouldn’t really lose posession of. Interesting case, might even set precedence.
Good for Richard. If justice be served, he will prevail.
Good for him. He will likely win. The name isnt obvious trademark infringement to begin with. Hence the split 2-1 WIPO decision. If he was using the name as a nickname etc and can document his use of it well enough I believe he will win the case to keep the name. If Lamborghini were smarter and less greedier they should just buy the name for a fair price and end the silly case. People and customers of the domain industry are growing tired of these rich mega corporations taking domains from the little people in cases like this
that are not so obvious — just because they are bigger, and richer and think they can.
Kudos to this guy for fighting back. These bad call “close” WIPO cases are destroying
the industry, and it needs to stop. Everyone should be treated fairly, even the little guy.
It was a split decision because good ‘ol Neil QC was one of the panelists. Not hard to figure out where he sits most of the time. Hence why he went overboard with his obiter. Don’t get me wrong, when you are up against a panel of arbitrators with questionable motives/connections.. having one of the “good guys” on your side helps..and he lives in the same city as me IIRC and I hope to meet him one day.. . but getting back on topic.. c’mon.. seriously Lambo(com)? I can think of a handful of cases involving 5 letter domains that went the wrong way and IMO should not have.
Waste of money, the name has obvious issues and this does not pass the sniff test.
Yep. This comes across a child having a hissy fit than anything else. Maybe he should of lawyered up the first time around..
John's Web says
I’m glad Richard liked my recommendation under the last post and went ahead with that. I hope he wins. Lamborghini is the bad guy here as far as I’m concerned. Furthermore, no matter how rich you are or are becoming, people who buy “Lambos” and think that is something good to aspire to are foolish and stupid. Didn’t Frank Schilling used to show off a bunch of “Lambos” if I’m not mistaken, or at least one? Stupid. Along with his crying about a hotel room not being as big as his bathroom.
John's Web says
No, and that’s a really old overused comeback. Lambos really are dumb. Showing them off even dumber. And crying about a hotel suite like that is a special kind of out of touch with reality.
John's Web says
That name could be used in some really great completely non-infringing ways, but I’ll never tell. Nothing to do with lambs either, unless that’s your thing and you insist. I was just eating an organic apple and thought of how I would already be using it now myself.