Category: National Arbitration Forum

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Disputes National Arbitration Forum News

Google goes after YouTube typo domains that it didn’t win in a previous dispute

YouTube logo

YouTune.com

Google has been going after popular typos of the web address YouTube.com in recent months and it’s been having its share of success in disputes, winning five typo domain names in early January and several more later that month in another case that also involved Google typo domains.

However, in a separate complaint (Case No. 1413915) that reached a decision in late December 2011, Google only batted .740, as reported by Domain Name Wire. 

In that case, Google won rights to 37 typo domain names, but lost its claim to 13 infringing domain names like YouTune.com because the Panelist found that the 13 domains were registered prior to the trademark filings with the USPTO of January 30, 2006.  As Domain Name Wire pointed out, it appears Google got screwed. “The first use in commerce date on the trademark is April 24, 2005, which predates the 13 additional domain registrations.”

Google hasn’t given up hope on winning those 13 domains.  

According to a new filing (Case No. 1428476) with the National Arbitration Forum this week, Google is once again going after: tyoutube.com, youstube.com, youtbue.com, youttube.com, youtubenaruto.com, youtubr.com, youtubube.com, youtubve.com, youtune.com, yoututbe.com, youtuube.com, youyube.com, and yutub.com.

As with all domain disputes, each Panel examines three elements before reaching a decision.

(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 satisfied, then the domain names will finally be ordered transferred to Google.

Each of the typo domains named in Google’s latest complaint, send visitors to an online survey scam (as shown in the picture above of YouTune.com), that asks a series of questions and attempts to gather personal information by promising free gifts like an iPhone 4S or an iPad 2.

Discussion: The Next Web, Marketing Land and DNFBlog.com

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Disputes National Arbitration Forum News

Virgin mogul Richard Branson wins disputed dot-XXX domain name

Richard Branson

Richard Branson

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)

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Disputes National Arbitration Forum News

Baylor University files a complaint over BaylorGirls XXX domain name

Baylor Girls

Baylor Girls

Several colleges bought up .XXX domain names last year like mizzou.xxx as a defensive measure to prevent others from registering the names and possibly setting up porn sites.  

Now Baylor University, a school that has filed and won dozens of domain disputes over names like Baylor.com and BaylorUniversity.com, has officially filed a complaint (Case No. 1429318) with the National Arbitration Forum over the domain name BaylorGirls.xxx.

BaylorGirls.xxx (which does not resolve to a web page) was first registered on December 10, 2011, by a resident of Massachusetts, according to Whois records, just days after general availability of .XXX domain names began.  

The names can now be registered on a first come, first served basis. 

To date, a dozen disputes, including RichardBranson.xxx and FoxStudios.xxx, have been filed over .XXX domain names with the World Intellectual Property Organization (WIPO) and the National Arbitration Forum.   Only one ruling has been made so far.  On February 7, 2012, Panelist Darryl Wilson ordered heb.xxx transferred to HEB Grocery Company, L.P.

Baylor doesn’t appear to be the first college-related XXX domain dispute on record.

Last week, it appears The University of Texas System which owns UTsystem.com (Whois), filed a complaint (Case No. 1428670) over the domain name UTSystem.xxx.

Because the National Arbitration Forum doesn’t publicly identify complainants on its website until a Panel has issued a ruling, the official complainant over BaylorGirls.xxx isn’t immediately known.

However, given Baylor University’s track record with the National Arbitration Forum, it’s a sure bet that Baylor is the complainant.

[Update 1 on February 18, 2012: It appears Baylor University has got its hands on BaylorGirls.com according to Whois records.  The name was transferred to trademark law firm Pirkey Barber LLP this week.]

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Disputes National Arbitration Forum News Video Games

Microsoft files complaint over another fake Halo 4 Beta site [UPDATED]

Halo 4 Beta scam

Halo 4 Beta scam

[Update 2 on March 7, 2012:. Microsoft Corporation won the rights to Halo4Beta.net. On March 6, 2012, a single-member panel ordered the domain name transferred from Edward Lee (the respondent) to Microsoft (the complainant).]

[Update 1 on March 5, 2012:. Microsoft is going after another phony Halo 4 Beta site.  A complaint has now been filed (Case Number: 1432610) with the National Arbitration Forum over Halo4Beta.biz (screenshot)  The domain name is owned by a resident of Illinois according to Whois records.  I’ve reached out the owner for more information and will update this post if I hear back.] 

Original story on January 28, 2012:. Nearly two weeks ago, David Ellis of 343 Industries, the company that is developing Halo 4, warned Halo fans through Twitter that if you see a site claiming to allow you to sign up for a Halo 4 beta  it’s a fake.

The site in question was hosted at Halo4beta.net (pictured above), and now Microsoft’s legal team is taking action by going after the domain name.

A complaint (Case No. 1426106) has officially been filed with the National Arbitration Forum.

Apparently wanting to avoid legal troubles after gaming sites went abuzz with David Ellis’ warning, the operator of Halo4beta.net took the website down, but that’s not going to be enough for Microsoft.

Microsoft can fully expect to have the National Arbitration Panel order the name be transferred, in what should be an open-and-shut case.

Stay tuned as I’ll be posting the details of the decision as soon as they’re available, likely no more than a few weeks from now.

Halo 4 has a holiday season 2012 release date.

Last June, Microsoft acquired the domain name Halo4.com for an undisclosed amount of cash, rather than filing a domain dispute.   When I asked the seller about the selling price/negotiations with Microsoft, the seller told me via e-mail, “The only term of the agreement that I can disclose is that I can’t disclose any terms of the agreement.”

Discussion: GameSpot, Kotaku, Joystiq, GameSpot, Hard OCP, Game Informer, Eurogamer.net, VentureBeat, Blue’s News, ITProPortal, Game Rant, VG24/7, Digital Spy, Piki Geek, Strategy Informer, The Escapist, Neowin.net, WebProNews and 411mania

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Disputes National Arbitration Forum News

Rosemcgowan.com domain name ordered transferred to Rose McGowan

Rose McGowan in Scream

Actress Rose McGowan filed a complaint (Case Number: 1419570) over the domain name <rosemcgowan.com> with the National Arbitration Forum back in December 2011.

Now a three-member panel has ordered the name transferred to Rose McGowan, after finding the domain identical to the common law service mark in her name, that the respondent had no rights or legitimate interests in the domain, and that the domain had been registered and is being used in bad faith.

Respondent is using the website . . . to redirect Internet users to a website that contains information and advertisements . . . . Respondent presumably profits from this use of the confusingly similar disputed domain name in the form of click-through fees.  Additionally, Respondent’s use of Complainant’s mark creates a likelihood of confusion regarding the source of the content resolving from the disputed domain name.  The Panel finds this is an attempt by Respondent to profit from the goodwill associated with Complainant’s mark.  Therefore, the Panel finds Respondent’s attempt to profit from its use of the confusingly similar disputed domain name constitutes registration and use in bad faith pursuant to Policy ¶4(b)(iv).

The full details of the ruling have been released and can be read online here.