Tag: "udrp"
Virgin mogul Richard Branson wins disputed dot-XXX domain name
Business magnate Richard Branson filed a complaint (Case Number: 1423689) over the domain name RichardBranson.xxx with the National Arbitration Forum in January.
Now a single-member panel has ordered the name transferred to Richard Branson, having established all three elements required under the ICANN Policy.
First, the domain name is identical to the RICHARD BRANSON mark. Second, the respondent lacked rights and interests in the disputed domain name. And lastly, the domain name was registered and used in bad faith.
“As an additional independent ground demonstrating bad faith and as discussed above with regard to “rights and interests,” Respondent apparently registered the at-issue domain name even though he does not qualify to register a domain name on the .XXX register,” wrote Paul M. DeCicco, Panelist.
The full details of the ruling have been released and can be read online here.
There are now several UDRP cases involving dot-xxx domain names since the domain went public.
The list of cases that are active as of today include: baylorgirls.xxx, utsystem.xxx, femjoy.xxx, kayjewelers.xxx, finansbank.xxx, foxstudios.xxx, borcelik.xxx, borusanholding.xxx, denizbank.xxx, valero.xxx and markafoni.xxx.
(Image of Richard Branson via Virgin.com)
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)
Panel denies Salesforce the name Forces.com in domain dispute
After filing a complaint (Case No. 1416951) with the National Arbitration Forum last month against Internet Venture Holdings (IVH) over Forces.com, Salesforce.com has been denied the domain name.
Not surprisingly, the panel found that <forces.com> was not identical or confusingly similar to any mark in which Salesforce.com has rights. As a result, the name was ordered to remain with its owner Internet Venture Holdings (IVH) and will not be transferred to Salesforce.com.
Because the panel concluded that the domain was not identical or confusingly similar, it didn’t bother establishing whether IVH had no rights or legitimate interests in respect of the domain name; or whether the domain had been registered and was being used in bad faith.
There was also no finding of reverse domain hijacking.
If Salesforce.com really wants a generic domain, they should pay the asking price, not bully smaller companies.
Full details of the panel’s decision can be read online here.
Linkdin.com cyber squatter throws away $22K, domain now belongs to LinkedIn
Back in December, LinkedIn filed a complaint (Case No. 1417534) with the National Arbitration Forum over the typo domain LinkdIn.com (missing an ‘e’).
The web address redirected consumers to an online scam that asked a handful of questions and attempted to gather personal information by promising free gifts like a $1,000 Walmart gift card, to anyone who finished filling out the survey.
The owner learned an expensive lesson after they allegedly paid $22,000 to the buy the domain at SnapNames in July 2010.
Now, the domain name belongs to LinkedIn (WHOIS).
LinkedIn withdrew the domain dispute in late December. It appears the respondent in the case agreed to turn over the name without waiting for a panel to order the name transferred.
It’s unknown whether LinkedIn paid any amount of money to expedite the transfer of the domain, but it’s unlikely, considering LinkedIn was pretty much guaranteed a win.
LinkedIn files dispute over typosquatting domain LinkdIn.com that sold for $22K
There have been a lot of disputes filed recently over typosquatting domain names that mislead consumers. LinkedIn is now the latest company to file a complaint (Case No. 1417534) with the National Arbitration Forum over a popular typo domain – LinkdIn.com (missing the ‘e’).
What makes this case so interesting, and so expensive for one party, is that the current owner paid $22,000 USD to the buy the domain at SnapNames back in July 2010.
SnapNames, which was founded in 2000 and is a wholly-owned subsidiary of Oversee.net, operates one of the largest auction marketplaces of expired and deleting domain names. The website also allows domain owners to sell names out of their own portfolio.
Mike Berkens of The Domains wrote about the sale last year on his domain industry news blog saying, “Its amazing in this day and age there are so many people willing to pay this kind of money for a domain that would be taken in a UDRP if a complaint is filed.”
It’s highly probable now with the dispute filed, that the domain will be taken.
Today, people who accidentally enter LinkdIn.com (the incorrect spelling) into their web browser instead of LinkedIn.com (the correct spelling), are redirected to a survey scam that asked a series of questions and attempts to gather personal information by promising free gifts like a $1,000 Walmart gift card, as shown in the screenshot above of the LinkdIn site.
Knowing also that LinkedIn Corporation has several registered LinkedIn trademarks, it should be no surprise that LinkedIn is pretty much guaranteed to win the dispute.
As Mike Berkens wrote over a year ago, “Yes I know the domain has traffic, but its a bang on typo trademark domain with no other conceivable meaning.”
The panel with the National Arbitration Forum will determine whether the disputed domain meets the following three elements:
(1) is the domain name identical or confusingly similar to a trademark in which the complainant has rights
(2) the owner has no rights or legitimate interests in respect of the domain name and;
(3) the domain name has been registered and is being used in bad faith.
If all three elements are met, the domain will be ordered transferred to LinkedIn Corporation.
The truth of the matter is, it should be a quick open-and-shut case in favor of LinkedIn.
SalesForce.com attempts to hijack Forces.com by filing domain dispute
Earlier this month, SalesForce.com filed a complaint (Case No. 1416951) with the National Arbitration Forum against Internet Venture Holdings (IVH) over the domain Forces.com.
While complainants in disputes filed with the National Arbitration Forum aren’t revealed until a panel delivers a decision, I contacted IVH to see if my suspicions were correct “that Salesforce.com was behind the complaint” and an IVH representative confirmed via e-mail that, indeed, Salesforce.com was the complainant.
What’s interesting about this case – and this isn’t unheard of – is that Salesforce.com not only has a good chance of losing the dispute, but it may face a claim of “reverse domain hijacking”.
If the software giant loses the dispute and IVH contends that Salesforce.com engaged in ‘reverse domain hijacking’, Salesforce.com could be labeled a “reverse hijacker” by the presiding panel. “Reverse domain hijacking” is found if the company knew or should have known at the time that it filed the complaint, that it could not prove that forces.com was registered in bad faith.
Though Salesforce.com has publicly acquired domain names in the past for large sums of money such as the purchase of Data.com for over $1.5 million, it doesn’t mean the company won’t bully smaller companies into giving up their domains if it doesn’t feel like paying the seller’s asking price.
Unfortunately, a finding of reverse domain hijacking likely won’t mean much punishment in terms of the Uniform Dispute Resolution Policy (UDRP).
According to sources online:
The Anticybersquatting Consumer Protection Act does not expressly recognize reverse domain name hijacking and often only limits defendants’ recovery to retention or transference of the domain name. It also fails to provide any remedies for victims of attempted reverse cybersquatting. However, the statute permits some monetary relief where bad faith, reckless disregard or the willful violation of a court order are involved.
However, if Salesforce.com decides it still wants to acquire the domain after being labeled a “reverse hijacker”, the ball will definitely be in IVH’s court, who own hundreds of other prized, generic domains like Coast.com and Turquoise.com.
Even if Salesforce.com loses the dispute (which it should) and somehow avoids the hijacking label, I don’t see this ending well for Salesforce.com.
(Photo of Marc Benioff, CEO of Salesforce.com via Flickr)
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)
WIPO Roundup: Google, Autotrader, Wikimedia, and other interesting disputes
Nearly 1,000 domain disputes have been filed with WIPO, the World Intellectual Property Organization, since the beginning of 2011, with many cases getting attention across the web like the case of Facebook which filed a complaint over 21 separate domains and won.
Here’s a look at some of the more recent disputes filed that include companies ranging from Google to The California Milk Processor Board which filed a complaint over the domain name momgotmilk.com.
GEA Group Aktiengesellschaft – gea.com
GEA Group Aktiengesellschaft, one of the largest system providers for food and energy processes with about EUR 4.4 billion revenue in 2010 according to its website has filed a domain dispute over the three-letter domain name gea.com. Gea.com was first registered back in 1995 and is currently owned by G.E.A Design. The complainant uses geagroup.com for its company website. Although it may seem impossible that the company could win gea.com, you will be surprised. In 2003, GEA Group won the three-letter domain gea.biz.
TPI Holdings, Inc. – autotrade.com
Autotrader.com and Auto Trader are trademarks of TPI Holdings, Inc. TPI Holdings is no stranger to WIPO having filed nearly two dozen cases since 2000 with most involving the keyword “trader”, not “trade”. Its most recent cases came in 2010 when it won the transfer of autotraderleaseguide.com, cycletradermagazine.com, and cycletradermagazines.com. Well known domain investor Garry Chernoff is the current owner of autotrade.com. Garry Chernoff made headlines in 2011 with top dollar sales including gamesforgirls.com at $500,000 and bluejeans.com for $150,000.
The California Milk Processor Board – momgotmilk.com
The California Milk Processor Board is the owner of the Got Milk? trademark. The CA Milk Processor Board currently owns about 40 domain names according to DomainTools, which include gotmilkchocolate.com and cowabduction.com. It also owns and operates gotmilk.com, a website that receives thousands of visitors a month according to Compete. In 2010 the CA Milk Processor Board won a number of domain names after the respondent failed to reply. Among the names handed over were gotalmondmilk.com and gotnutmilk.com.
Wikimedia Foundation Inc. and Google Inc.
Unlike the cases of autotrade.com and gea.com, Wikimedia and Google seem to have more legitimate claims. Wikimedia is going after the domains wikiipedia.org, wikipediia.org, and wikippedia.org. Google is going after ad-words.mobi. Wikimedia won cases earlier this year over additional typo domains wekipedia.com and wikkipedia.org. A rough estimate by Compete, shows that 2 of the 3 typos actually get traffic in the hundreds each month.
To see some of the latest WIPO UDRP cases, visit the WIPO website.
Toys “R” Us, which acquired the internet domain Toys.com in 2009, files dispute for nearly two dozen domain names
Geoffrey, LLC, the company that owns and operates Toys”R”Us has filed a domain dispute over nearly two dozen domain names with WIPO, the World Intellectual Property Organization.
The disputed domains, which use the “R” Us mark at the end of the web address, cover a wide variety of products and services ranging from insurance, to attorneys, even to tattoos.
Geoffrey LLC has won disputes in the past over domain names that clearly involved cybersquatting. Names such as: wwwtoysrus.com, wwwtoyrus.com, babyrus.com, and babysrus.com. However, the company hasn’t been so lucky when the domain names being disputed, weren’t outright abusive registrations.
In 2006, the company lost a dispute at WIPO over pensareus.com and pensrus.com, after the panel found that the dispute was more appropriate for the courts rather than UDRP, which it stated is intended for the narrow class of cases involving cybersquatters.
The domain names named in the latest dispute include:
bestcreditcardsrus.info
carinsurancequoterus.info
cheaptermlifeinsuranceratesrus.info
childrensbedroomfurniturerus.com
dentalinsuranceplansrus.com
desklampsrus.com
digitalproductsrus.com
edmontonlawyerrus.info
floridainjurylawyerrus.info
freeonlinegamesrus.com
healthinsurancerus.info
homebusinessopportunityrus.com
injuryattorneyrus.info
insurancerus.info
makingmoneyonlinerus.com
personalinjurylawyersrus.com
stringtrimmersrus.com
tattoosrus.info
therusgroup.com
watchbandsrus.com
wholelifeinsurancerus.info
Toys “R” Us and domain names
Toys “R” Us made internet headlines when it purchased the domain name toys.com for $5.1 Million at auction in 2009, beating out National A-1 in a competitive auction that went back and forth for hours, according to TechCrunch.
The purchase of toys.com, secured the domain name a spot in the top 10 domain sales of all time according to Domaining.com, which keeps track of the Top 500 sales in history.
Today, toys.com is a separate website from the Toys “R” Us site and is used to post a wide range of unadvertised and exclusive deals, not found anywhere on the Toys “R” Us network of internet properties.
According to news sources, Toys “R” Us is planning to go public sometime later this year.
Google Inc. files domain name dispute over Google TV typo — googletg.com
Google Inc. has filed a complaint over the domain name googletg.com with WIPO, the World Intellectual Property Organization.
The domain name appears to be a typo of Google’s own googletv.com, which re-directs to the Google TV home page located at http://google.com/tv. According to Compete, a site that provides free information for every web address on the internet, the typo doesn’t even get enough traffic to be statistically relevant.
A look at Whois records shows the name currently registered to a, xuyecheng.
Over the years Google has filed dozens of cases at WIPO and won. As far as back as 2000, Google won wwwgoogle.com, but the company also goes after its other brands like vietnamadwords.com which it won in 2010.
Googletv Domain Typos
A number of variations of googletv.com such as googletv.info and googletv.org are registered to Google, however, many of the typos are not.
The Domain Typo Finder provided by DomainTools, gives a clue as to what has been registered by individuals or organizations other than Google.
Once you type in the url googletv, results show dozens of typos already registered, and in many cases, to the same registrant.
For example, “Song Bin”, is the registrant for wwwgoogletv.com, gogletv.com, googetv.com, gooletv.com, and gooogletv.com.
Another possibility for the domain dispute, if not over a typo of googletv.com, is over it’s country domain google.tg, for the country of Togo.
