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Tag Archives: udrp

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There are many ways to protect trademarks, but these were the most appropriate options given my situation: Send a cease and desist to Automattic asking them to stop forwarding the domain (cheapest option, but it relies upon the other party being compliant in order to work). If I did this, I was worried Automattic would […] Returned To Co. | TheDomains

The one member panelist Hector Ariel Manoff found that the company which had owned the domain for some 8 years had gained common law rights to the domain name and that the term was not generic, which I would agree with. The panel also placed great weight on the fact that the new owner was […]

Woman Who Lost Lawsuit for Squatting on Man’s Personal Name Forced to Pay Plaintiff’s Legal Fees Too

A lot of people have had UDRPs filed against them or been sued for registering a domain based on a celebrity’s name. However, under the Anticybersquatting Consumer Protection Act ACPA, a person doesn’t have to be a celebrity for you to get in trouble if you register their name as a domain, then try to […]

UDRP Panel Rules in Favor of Domain Holder On Gripe Site: | The Domains

The Panel finds as a matter of fact from the evidence that the Disputed Domain Name is being used as a noncommercial criticism site. Panel agrees with the Respondent that the addition of the term “review” implies a lack of association with the Complainant as a review is customarily written by someone unassociated with the […]

What Happens after a UDRP?

The second scenario is, if the complainant was successful and the domain is transferred, is that the end of everything? From an UDRP standpoint, it is. Because under the UDRP you cannot collect damages, you cannot recover attorney’s fees. However, just because you successfully had the domain transferred does not mean you cannot take further […]

DomainSkate Domain Protection and UDRP Complaints

Has Someone Taken Your Trademark Online? We Can Help. – Learn how a to file a domain arbitration without a costly lawsuit – Stop consumer confusion and stop losing money and time – Find out what you need to know to protect your brand online via DomainSkate Domain Protection and UDRP Complaints.

Email use for a domain is a valid response to UDRP claims | DomainGang

A UDRP over at the National Arbitration Forum was turned down, for the domain name There are a couple of reasons why the Respondent won the case, despite the existing trademark by the Complainant. Firstly, the domain’s registration of 1998 predates the trademark. But most importantly, the Respondent used the domain – but not […]

Google Denied Claim to Domain Name | PCWorld Business Center was registered on Feb. 7 1999 by Christopher Neuman, who was 13 years old at the time, and has remained in his ownership until now, Neuman told the arbitration forum. He chose to register because he had become acquainted with another young software programmer named Justin Tunney, who used the online moniker “Oogle” […]

Howard Neu: Beat a UDRP by Having a Legitimate Business Interest

In this interview, Internet attorney Howard Neu, who successfully represented Rick Schwartz in the UDRP case, discusses: What, exactly, a UDRP is The requirements of a complainant to win a UDRP What you are doing today that might be considered “bad faith” How the UDRP was so easily defended How, Inc. could […] Lost In A UDRP Despite Pending Federal Court Case: Asking $1M For A Domain Is Bad Faith | The Domains

How could this happen? How does someone qualify to become part of the UDRP process? Idiotic. In a case that should be VERY troubling for all domain holders the a one member UDRP panel just awarded the domain name to a Vanity Shop of Grand Forks, Inc, a trademark holder, despite the fact that […]

Why Reverse Domain Name Hijacking needs to be a Real Penalty and the Most Comprehensive List of RDNH cases |

What is the penalty to the Complainant for being found guilty of Reverse Domain Name Hijacking? There is no penalty. Where can one find a list of other RDNH decisions? There is no comprehensive list of RDNH decisions. A RDNH finding means that the Complaint was brought in bad faith as an abuse of the […] Lost To “The Transfer Of A Domain Is Equivalent To A New Registration” | The Domains

Unbelievable. At the time there was no indication who filed the UDRP seeking control of the domain, but the decision has just been issued and the complainant is, LLC. And guess what? just took the generic domain name away from the domain holder based off a Trademark for eLEGALSUPPLY.COM which was filed […]

Wow Now The UDRP Thing Is Officially Crazy As A Complaint Is Filed Against A Fully Developed Site | The Domains

The word Vanity has 27,900,000 results on Google so it’s an often used word. The UDRP is well out of control now, where those wanting to acquire a domain name that is unavailable due to use or price, are now taking a risk free shot at grabbing the domain name from its lawful owner. We […]

Marchex Wins UDRP On | The Domains

Norcross is a city in Georgia Today Marchex the domain holder represented by John Berryhill won a three member panel UDRP decision on the domain name. At the time we didn’t know who filed the UDRP but it was the Norcross Corporation who had a Trademark on the term Norcross since 1969 The decision contains […]

Lewis & Lin Defends from UDRP Filed by Johnson & Johnson | Elliot’s Blog

While the respondent conceded that J&J does have rights to the Tucks trademark, they argued five points in defense of the domain name. These points include that it’s a dictionary term, “Tuck” is a common last name, the name was owned for many years without incident, the owner had no intent to sell it to […]

FairWinds’ Counsel Steve Levy Marks 100 UDRP Victories – PR Newswire – The Sacramento Bee

WASHINGTON, April 24, 2012 — /PRNewswire/ — Steve Levy, Counsel for FairWinds Partners, the leading digital name strategy analysis and advisory firm, recently marked his 100th successful Uniform Domain-Name Dispute-Resolution Policy (UDRP) decision in favor of a FairWinds client. These UDRP decisions are part of FairWinds’ string of unbroken successes in recovering domain names via […]

UDRP Panel Says Responding To An Offer To Sell, Doesn’t Indicate Bad Faith If The Offer Is Started By The Complainant | The Domains

In a pretty interesting recent UDRP decision a one member panel concluded that it is not bad faith when domain owner responds to an offer to sell that is initiated by the Complainant. You know the game. You own a domain you believe is generic, someone sends you an offer wanting to buy the domain […]

iPad case maker loses dead-on-arrival domain dispute – Domain Name Wire

The owner of the domain didn’t bother to respond, but the panelist still determined that had no case. The panelist didn’t consider finding reverse domain name hijacking, although this is a classic case of someone filing a UDRP dispute in bad faith. via iPad case maker loses dead-on-arrival domain dispute – Domain Name […]

Rick Schwartz Sends Email Regarding UDRP | Elliot’s Blog

The entire story is on my blog. I am on a mission of awareness and to make this particular person the POSTER BOY for all Reverse Domain Hijackers in the world. The next predator will think twice. Howard and I are determined to make CASE LAW with my POSTER BOY! I am in the process […]

Paul Keating: What Does UDRP Teach Us? | Elliot’s Blog

Is the lesson here that one should not park a short domain? is an example of twisting the language of the Policy. Many prior decisions have dealt with PPC usage. In general the best defense to a UDRP claim is that the domain has been used consistently in its descriptive sense. While prior decisions […]