Category: WIPO
Apple files dispute over iPhone5.com domain name [UPDATED]
Apple is planning ahead for the release of the next iPhone by filing a complaint (Case number: D2012-0951) with the World Intellectual Property Organization over iPhone5.com. The domain dispute popped up on WIPO’s website this week.
Anyone who visits the website of iPhone5.com today will be greeted by smart phone advertisements and online forums discussing the iPhone 5.
Although Apple has been known to open its wallet to acquire domain names, in the past year it has selected to go the Uniform Domain-Name Dispute-Resolution Policy (UDRP) route. And it’s had a lot of success.
The company secured rights to iphone4s.com, iphoneporn4s.com, iphonesex4s.com, iphonexxxforce.com, iphone4s.com and other domains that were being used by an adult website operator, after filing a similar dispute with WIPO.
But, that’s not all.
Apple has won disputes over applesales.com, appleproductsonline.com, appleipods.com, and even ipods.com, just to name a few.
In mid-July 2011, Apple acquired the domain names iPhone4.com and WhiteiPhone.com for an undisclosed amount, opting to pay for the domain names.
In the years to come, expect to see more iPhone domain disputes. At the time of this story, Apple doesn’t own iPhone6.com, iPhone7.com, iPhone8.com, iPhone9.com, iPhone10.com — you get the idea.
[Update 2 on May 13, 2012:. According to Whois records, Apple has taken ownership of the domain iPhone5.com through the brand protection agency Corporation Service Company.]
[Update 1 at 6:48 PM Est:. In an interesting little twist, there are now two new discussion threads on iPhone5.com that discuss Apple going after the domain name. One thread is called HELP US FIGHT. The second thread includes a poll that asks whether Apple should be able to take control of iPhone5.com.]
Talking about this story: Mashable, ComputerWorld, The Register, Macworld, WebProNews, Red Orbit, PC Mag, Gotta Be Mobile, MacRumors, Apple Insider, VentureBeat, AppAdvice, Apple Bitch, Cult of Mac, The Mac Observer, Silicon News, iClarified, Inrumor, Gotta Be Mobile, International Business Times, Huffington Post, Afterdawn and Business Insider
(Image of iPhone 4 via Apple.com)
Columbia Pictures files dispute over FantasyIsland.com [UPDATED]
Last summer DotWeekly wrote about the domain name FantasyIsland.com selling in a Go Daddy expired domain auction for $22,005 USD.
The first comment made by a reader of the article was that the purchase was a waste of money.
“What a waste of money IMO. That purchase makes no sense unless you own the rights to the show Fantasy Island. If not, what the hell can one do with it? A titty bar? “Boss boss, de UDRP, de UDRP,”" wrote Mike.
Well, now Columbia Pictures Industries, which has owned the Fantasy Island trademark since the early 1980s, has filed a domain dispute (Case Number: D2012-0043) over FantasyIsland.com with the World Intellectual Property Organization (WIPO) and the current owner is going to have to think about what to do.
What makes this case interesting is that the current owner Howard Guessner, has owned the domain name dating back to 2004 all the way up through today, according to Whois historical records. So it appears Guessner may have renewed the domain in time and never paid $22K to Go Daddy to purchase it in an expiring auction.
I’ve reached out to Guessner via e-mail to learn more and will update this post if I hear back.
[Updated on February 29, 2012:. The name has been ordered transferred to Columbia Pictures Industries. The decision was issued on February 19, 2012. Full details of the decision can be read here.]
UPDATED: Pearl Jam frontman Eddie Vedder wants eddievedder.com
Eddie Vedder, the lead singer of the alternative rock band Pearl Jam, wants the web address eddievedder.com.
A complaint (WIPO Case Number: D2012-0035) was filed this week with the World Intellectual Property Organization over the domain name.
What’s interesting about this case is that according to WHOIS records, Pearl Jam owned the domain name back in the mid-2000s up through late 2010, when the name switched over to Whois privacy.
EV Touring, Inc., which also owns the trademark on Eddie Vedder, is the complainant in the domain dispute.
At the time of this posting, the domain does not resolve to a web page.
A user who goes by the name hobeyb on the website Aftermarket, an online marketplace for domains, has the web address listed for sale for $18,400.
While this type of filing might seem like an open-and-shut case in favor of the complainant, it doesn’t always end up that way. In September, Lady Gaga lost her dispute over LadyGaga.org.
Given the circumstances of the Eddie Vedder trademark and that the current domain owner is apparently trying to benefit from the sale of the name, in a few short weeks, this name could be in the possession of the Pearl Jam lead singer.
Stay tuned here for updates on how it all goes. I will update this post when a decision is issued by the WIPO Panel.
[Update 1 on January 19, 2012:. The case was terminated before a ruling was issued. According to the Whois records, the domain was handed over to EV Touring, Inc.]
Discussion: Pearl Jam – Ten Club Community, antiMusic.com, Audio Ink Radio and Red Mosquito
(Image of Eddie Vedder in Calgary, Canada via PearlJam.com)
eCommerce giant markafoni first company to file .XXX domain dispute
The Turkish private shopping club markafoni has become the first company to file a .XXX domain dispute with the World Intellectual Property Organization (WIPO) over the domain markafoni.xxx. According to WIPO, the case commenced on December 29.
WIPO Case Number (D2011-2298) was filed by VIPINDIRIM, the company behind markafoni, which was featured last July in TechCrunch, after the company was valued around $200 million following 70 percent of its shares being acquired by Naspers.
According to WHOIS records, the domain <markafoni.xxx> was registered on December 6, by Yasin Kaplan who resides in Istanbul.
December 6 marked the first day of general availability of .XXX domains.
Per the ICM Registry, “General Availability is when members of the adult Sponsored Community get regular, resolving names on a first come, first served basis. Non-members of the adult Sponsored Community can also get “Non-Resolving” names.”
Although the ICM Registry has gone to unprecedented lengths to put an end to cybersquatting by suspending abusive registrations such as BusinessWeek.xxx, there will be other names that fall into a gray area that will get sorted out at arbitration.
As of today, only one other .XXX domain case has been filed under the UDRP (Uniform Domain Name Dispute Resolution Policy) — Case number 1421851 commenced on December 30, with the National Arbitration Forum over the domain name heb.xxx.
Discussion: NamePros
Apple begins redirecting iPhone4S.com to official site in time for Cyber Monday
I first wrote about iPhone4S.com pointing users to adult content back in July 2011 when it was rumored that the iPhone 4 at the time, would get an upgrade to a new smartphone called the iPhone 4S.
But it was nearly four months later, before Apple decided to go after the owner of the domain by filing a complaint (Case No. D2011-1897) at the World Intellectual Property Organization (WIPO).
Last week the case was terminated before a panel reached a decision, after the owner agreed to turn over iPhone4S.com, as well as several other names that also redirected users to adult content.
The list of domains identified in the complaint (all owned by the same company) included: iphonecamforce.com, iphonecam4s.com, iphoneporn4s.com, iphonesex4s.com, iphonexxxforce.com, iphone4s.com, porn4iphones.com, and sex4iphones.com.
Luckily for holiday shoppers, Apple got control of the web address and started redirecting users to its official website (as shown in the picture above) on Cyber Monday, which is expected to be the biggest day of online spending in 2011.
Neither Sony, Nintendo, nor Microsoft own the domains for their next consoles
The console wars are heating up, but there’s just one problem: the three major companies don’t own the matching domains to their next-generation consoles.
Nintendo doesn’t own WiiU.com, Sony doesn’t own Playstation4.com, and Microsoft doesn’t own Xbox720.com.
Will the companies submit a domain dispute, file an anti-cybersquatting lawsuit, or pay a large sum of cash to get the domains? Well, it’s unknown whether Sony, Microsoft or Nintendo are considering any of these options, but what is known is that owning the domain names couldn’t their hurt online marketing efforts as the console wars heat up.
That being said, how are the domain names being used today?
Today, Playstation4.com re-directs to PSX Extreme, a video game website that has been covering Sony Playstation news for years. PSXExtreme.com and Playstation4.com are both owned by Poise Media Inc., according to WHOIS records. The domain was first registered in 1998, but Poise Media didn’t acquire the name until late 2008.
Xbox720.com is registered to a Jeremiah Germany of New York, who monetizes the domain using Google Adsense for Domains. Over the years, the domain has been host to a number of different sites ranging from a Les Paul guitars site in 2006 to a Google Custom Search page in 2008. However, since 2009 it appears the owner of Xbox720.com has been earning money using Google Adsense for Domains.
The owner of WiiU.com, who remains hidden behind WHOIS privacy, has the site set up as a Shopping.com affiliate web page. I wrote about WiiU.com back in June, after Nintendo announced the console at E3 without owning the domain. In August, Nintendo filed nearly 20 trademark applications (several including images) with the United States Patent and Trademark Office for the word Wii U.
All three console companies have used a variety of methods in the past to reclaim trademarked names, and in recent years, they have often filed complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP).
In nearly all the complaints, the domain names have been ordered transferred. So given the track record to date, it’s likely when the trademark lawyers finally get around to going after these domains, they’ll use the UDRP.
Recently, Nintendo gained the rights to SuperMario.com, over 25 years since it had released Mario Bros. and Super Mario Bros. The company filed a complaint with WIPO which it won in late September.
Microsoft has filed and won dozens of Xbox-related domain disputes going back to 2003.
And though Sony Computer Entertainment has only filed a handful of disputes, it has won all 4 that it did submit. Those cases involved: playstationx.com, sonyplaystation2.com, sonyps2.com, psone.com, pspcn.com, and pspmovie.net.
Sometimes, however when companies want a domain and don’t want to risk losing a dispute or are impatient for the time it takes time for proceedings to complete, they will pay cash — as Microsoft likely did with Halo4.com.
I’ve reached out to the owner of each domain name to see if they’ve been contacted by the respective console company, and will update this post if I hear back.
(Concept design of Microsoft’s next-generation console ‘Xbox 720′ by Tai Chiem)
Twitter is going after another typo domain: Twittter.com (with an extra ‘t’)
The dispute submitted by Twitter Inc over the typo domain Twittter.com (with an extra ‘t’), comes on the heels of Twitter’s win this month in a similar complaint against the typo domain Twiter.com.
WIPO Case D2011-1973 was filed this week with the World Intellectual Property Organization.
In the case of Twittter.com, the owner is using a popular scam, like the one used by Twiter.com of luring unsuspecting users to a site that looks confusingly similar to the official Twitter site (as shown in the picture above).
The user is guided through a series of questions that attempts to gather personal information by promising free gifts like an iPad 2.
Today, the full administrative panel decision was posted in the case of Twiter.com, which involved Twitter, Inc (the complainant) vs. Geigo, Inc of Albrook Park, Panama (the respondent).
According to the factual background, prior to filing its complaint, Twitter sent several cease-and-desist letters to Geigo, but received no reply.
Twitter finally reached a Geigo Inc. rep by telephone, who confirmed that they would not transfer the disputed domain name but would consider altering the content at the website.
This apparently, never happened.
Twitter demonstrated confusing similarity, that Geigo lacked rights or a legitimate interest in the domain, and that it was registered in bad faith, which might surprise some readers since the domain was first registered in 2004.
Here’s what the panel had to say on the point of ‘bad faith’: “Had Respondent made the initial registration in 2004 and maintained ownership through 2011 the Panel would likely have reached a different outcome about Respondent’s having registered the disputed domain name in bad faith. But Respondent has not even alleged that it or an affiliate owned the disputed domain name continuously since 2004, and has offered no proof (indeed no allegation) that it is or was affiliated with any prior owner. The available evidence, not contested by Respondent, shows another owner as late as March 2011.”
Twittter.com (extra ‘t’) is currently registered to Goldberg Client Services, Inc. according to WHOIS records (privacy has been removed as of yesterday). The domain was initially registered by its first owner in 2007.
Given the track record of WIPO with Twitter, Twittter.com will likely be ordered transferred.
You can read through all the details of the Twiter.com decision in Twitter’s latest win here.
[Update 2 on January 26, 2012: The WIPO Panel has ordered <twittr.com> to be transferred to Twitter Inc. Details of the decision are available here.]
[Update 1 on November 15, 2011,: Robin Wauters of TechCrunch pointed out that Twitter has filed a separate complaint (WIPO Case D2011-1992) over Twittr.com.]
Discussion: Search Engine Land and TechCrunch
Twitter wins dispute over highly trafficked typo domain Twiter.com
Twitter, Inc. has won a dispute over the highly trafficked typo domain name Twiter.com that led visitors to an online scam survey site.
A panel with the World Intellectual Property Organization (WIPO) ruled in favor of Twitter.
Twiter.com was registered long before Twitter.com became what it is today. Its first owner registered the domain in 2004, nearly 2 years before Jack Dorsey launched the site.
However, ever since filing the dispute with WIPO (Case No. D2011-1210), it has seemed to be an open-and-shut case against Geigo Inc (the respondent) who has used the web address for a malicious survey scam.
When twiter.com resolved to its own web page, it hit over 100,000 unique visitors per month according to a rough traffic estimate by Compete.
But months ago, Geigo (the respondent) began re-directing visitors from twiter.com to socialupdatepanel.com, a scam survey site (pictured above) that looked confusingly similar to Twitter’s own website. A message on the home page told visitors they had been selected to participate in a three-question survey, and for completing the survey, they would be able to select a prize like an iPhone 4 or iPad 2. The site attempted to collect personal information such as cell phone numbers and e-mail addresses.
In July, I wrote about Twitter taking control of twiter.biz. Twitter had originally filed a dispute with WIPO over twiter.com in June, then days after filing the dispute it added twiter.biz to the same complaint. For one reason or another, the case was eventually suspended, then terminated, but not before Twitter was able to get twiter.biz.
After Twitter took control of twiter.biz, it filed a new complaint (Case No. D2011-1210) in July targeting only the twiter.com domain name.
Now with the twiter.com win under its belt, it wouldn’t be surprising to see the company file disputes against other typo domains such as twutter.com, which uses the same type of redirect to a scam survey site as twiter.com has used.
Update at 10:34 a.m. ET on Nov. 11: The full administrative panel decision has been posted online. Twitter Inc. has also filed a new complaint over the domain Twittter.com (with an extra ‘t’).
Discussion: The Next Web, Search Engine Land, The Verge, Softpedia News and Techmeme
Apple’s IP lawyers get control of domains like UsedMacs.com before case decided
Just over a week ago, Apple Computer filed a domain name dispute with the World Intellectual Property Organization (WIPO) over five names registered to Wachter Consulting Inc.
Four of the five domains named in WIPO case number D2011-1866, have now been transferred from Wachter Consulting Inc. to Kilpatrick Townsend & Stockton, a law firm that has successfully represented Apple in the past in dozens of patent and trademark infringement cases.
The domains that were transferred to Apple’s name servers include imacstore.com, macdaily.com, mactimes.com, and usedmacs.com.
It appears the best of the bunch, applestores.com, is still in the possession of Wachter Consulting, according to WHOIS records.
Although the case is still listed as ‘Active’ online with WIPO, it’s possible Wachter Consulting decided to turn over the names even before a decision was handed down.
Chances are the case will remain ‘Active’ until all of the names have been transferred, voluntarily or otherwise.
[Updated November 10, 2011 3:19am EST: Kilpatrick Townsend & Stockton has now taken ownership of AppleStores.com. The law firm also took ownership of アップルストア.com ('Apple Store' in Japanese).]
(Photo of Apple Power Mac G4 with an Apple Studio Display via Collin Grady)
Apple files domain name dispute over AppleStores.com, UsedMacs.com
Apple’s legal department has been keeping busy in 2011, filing a new domain name dispute with the World Intellectual Property Organization (WIPO) over five names which belong to the same owner: Wachter Consulting Inc.
A total of ten cases have been filed by Apple Inc in 2011 going back to January, when Apple filed a complaint over aplle.com and won.
The domains involved in the latest dispute (WIPO case number: D2011-1866) include: applestores.com, imacstore.com, macdaily.com, mactimes.com, and usedmacs.com.
Wachter Consulting Inc. owns over 6,000 domains including web addresses like LAClippers.com and VintCerf.com. The company has been a respondent in disputes in the past, which involved mercede.com and matériel.net. In both disputes, Wachter Consulting Inc. won.
This time however, it may prove difficult for Wachter Consulting to hold on to their ‘Apple’ names.
Apple has been having success all year long and in recent disputes, winning AppleiPods.com and iPods.com, among many notable web addresses it has filed complaints over.
Apple currently has three cases open with WIPO, which involve names like appleproductsonline.com, applebigdiscount.com, applesdiscount.com, applessales.com, and applestorewell.com.
One case it surprisingly hasn’t filed in 2011, is that of iPhone4S.com.
Apple fans expecting to learn more about the iPhone 4S, are currently greeted by a not-so-safe-for-work surprise when typing in the web address iPhone4S.com into their browser.
I wrote about the NSFW site back in mid July after a leaked photo of a rumored iPhone 4GS turned up on Weibo.
One would expect a domain dispute to follow soon.
(Photo of Apple Computer — Apple Store, Michigan Avenue (Chicago) via TonyTheTiger)
