Category: Disputes

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Disputes National Arbitration Forum News

MGM Resorts going after typo domains following reversal of online poker policy

Mandalay Bay

According to reports, Nevada may become the first state in the U.S. to offer online gambling, this, following the Department of Justice’s policy reversal on the Wire Act.

Now MGM Resorts International, the Nevada based corporation that owns and operates over a dozen gaming properties in Nevada, has apparently filed a complaint (case number: 1422265) over the typo domains belaggio.com (correct spelling bellagio) and mandalabay.com (missing a ‘y’).

The case, which commenced today, was filed with the National Arbitration Forum.

According to WHOIS records for belaggio.com and mandalabay.com, both domains are owned by Modern Empire Internet Ltd, a Hong Kong based company that owns over 3,000 domains. 

The names are currently parked with Above.com, an internet company that offers parking services for domainers who want to maximize their parking revenues.

Modern Empire Internet Ltd has been the respondent in several domain disputes in the past, including cases that involved popular typos like wlmart.com and theknott.com, both of which it was ordered to transfer to the complainants.

Because the National Arbitration Forum doesn’t publicly identify complainants on its website until a decision has been issued by a panel, the official complainant isn’t immediately known.

But it’s safe to say MGM Resorts International is the complainant, as they own both mandalaybay.com and bellagio.com.

(Image of Mandalay Bay Resort & Casino via MandalayBay.com)

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Disputes News WIPO

eCommerce giant markafoni first company to file .XXX domain dispute

markafoni

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

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Disputes National Arbitration Forum News

Actress Rose McGowan wants her name, files dispute for rosemcgowan.com

Rose Mcgowan

Actress and singer Rose McGowan has apparently filed a complaint (Case Number: 1419570) over the domain name RoseMcGowan.com with the National Arbitration Forum.

First registered over ten years ago, today, rosemcgowan.com is parked with HITFARM (part of the Reinvent Media Group), an online monetization service for domain names.   

The rosemcgowan.com website currently displays third-party ads, many having to do with her career, such as Netflix ads for the supernatural drama television series Charmed, which she is well-known for. 

The owner of the domain name is currently hidden behind WHOIS privacy, according to registrant records.

Because the National Arbitration Forum doesn’t publicly identify complainants on its website until a decision has been handed down by a panel, the official complainant isn’t immediately known.  As domain disputes usually go though, it’s all but guaranteed that Rose McGowan filed the complaint.

In the online world, Rose McGowan is an active Twitter user, with nearly 200,000 followers.  However, outside of fan pages and information on websites like IMDB, apparently she has no official site to call her own.

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Disputes Movies National Arbitration Forum News Trademarks Video Games

Following Sony Pictures, Ubisoft gets its own domain for Assassin’s Creed movie

Assassin's Creed the movie

Back in October, shortly after Variety broke the news that Sony Pictures was in the final negotiations with Ubisoft for an Assassin’s Creed film, I wrote about Sony Pictures registering more than a dozen related domains like assassinscreedfilm.com and assassinscreedthefilm.com.

There still is no official website for the film, which could be released as early as 2014, but now Ubisoft has secured ownership of the web address: assassinscreedthemovie.com.

The domain name exchanged hands earlier this week, after Ubisoft contacted the previous owner by e-mail and informed them that they had rights to the name.

Wanting to avoid legal troubles, the owner (whom I spoke with by e-mail) quickly transferred the domain to Ubisoft, saving Ubisoft the hassle of filing a domain dispute.

To date Ubisoft has filed only one complaint over a domain. 

In 2010, it won a case (Claim Number: FA0912001298869) for princeofpersia.com, after filing a dispute with the National Arbitration Forum.

Also this past week, Ubisoft Entertainment filed three separate trademarks with the United States Patent and Trademark Office.

Serial Number: 85482572, Serial Number: 85482583 and Serial Number: 85482580.

Here’s a quick look at the goods and services covered in the trademark filings.

“Entertainment services, namely, continuing television programs and interactive television programs featuring comedy, drama, live-action, and animation, broadcast over television, satellite, audio, and video media; presentation of live stage show performances, presentation of live show performances by costumed characters, and presentation of live theatrical performances; production and distribution of motion pictures”

“Audio and video recordings featuring live-action entertainment; audio and visual recordings featuring live-action entertainment; Pre-recorded DVDs, digital versatile discs and digital video discs featuring live-action entertainment”

“printed matter, namely books featuring works of fiction; printed matter, namely comics featuring works of fiction”

As of the time of this story going online, assassinscreedthemovie.com doesn’t resolve to a website.

(Photo of the short YouTube movie Assassin’s Creed: Lineage via Ubisoft)

Categories
Disputes National Arbitration Forum News

LinkedIn files dispute over typosquatting domain LinkdIn.com that sold for $22K

LinkdIn.com

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.