Category: Disputes

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Disputes Movies National Arbitration Forum News

HappyFeet2.com official site on the way, Warner Bros. wins domain dispute

Happy Feet 2

Fans of Happy Feet will be happy to know, that soon enough, when they type in the web address happyfeet2.com into their web browser they’ll be redirected to official web site of Warner Bros’ Happy Feet 2, set to premier in the U.S. on November 17, 2011, instead of a Go Daddy parked page.

In early July, Warner Bros. Entertainment Inc filed a complaint with the National Arbitration Forum over the domain name happyfeet2.com.

The case was simple for the single member panel.

Warner Bros. made the following assertions according to the domain decision posted online:

Complainant is a producer of motion pictures in the United States and abroad. 

Complainant produced the HAPPY FEET film that debuted in 2006 in the United States and has become the third-highest grossing animated film in the United States with sales of $400 million worldwide. 

Complainant owns trademark registrations on file with the United States Patent and Trademark Office (“USPTO”) for its HAPPY FEET mark (including Reg. No. 3,350,899, registered December 11, 2007). 

Complainant has used the HAPPY FEET mark in relation to the marketing of its film of the same name, as well as related toys, clothing, books and a variety of other merchandise bearing its mark. 

Respondent registered the <happyfeet2.com> domain name on May 12, 2009, only seven days after Complainant publicly announced that it would be filming “Happy Feet 2,” a sequel to the original film.  

Respondent uses the disputed domain name to redirect Internet users, for commercial gain, to a generic parking page which features links to the websites of others offering products or services related to and in competition with Complainant’s business.

Respondent offered to sell the disputed domain name to Complainant for not less than $2,500.  

Respondent’s contested <happyfeet2.com> domain name is confusingly similar to Complainant’s HAPPY FEET mark.

Respondent is not commonly known by the disputed domain, and Complainant has not authorized Respondent to use its mark in a domain name.

Respondent does not have any rights to or legitimate interests in the domain name <happyfeet2.com>.

Respondent registered and uses the disputed <happyfeet2.com> domain name in bad faith.

In essence, Warner Bros. won. 

You can read all the details about the domain dispute and decision here.

Warner Bros. Entertainment does own HappyFeetTwo.com, which it redirects to the official Happy Feet Two website on warnerbros.com.

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Disputes News Technology WIPO

Apple wins dispute over iPods.com, domain name ordered transferred

iPod Shuffle

Updated August 1, 2011:  The full administrative panel decision has been posted online.

**

WIPO Panelist David Cairns has ruled in favor of Apple in a dispute over the domain name ipods.com.

Apple filed the complaint at the end of May with the World Intellectual Property Organization.

Although the company is known for paying millions of dollars for domain names, sometimes months after launching a product, it may be adopting a different approach by following the Uniform Domain Name Dispute Resolution Policy (the UDRP), which costs thousands not millions when it’s successful for a complainant.  

In the case of iCloud.com which captured technology news headlines, the company reportedly paid $4.5 million in late April for ownership of the domain name (along with others) from Swedish cloud computing company Xcerion, shortly before officially launching the service. 

But the days of Apple purchasing domain names for seven figures, like it did for iPhone.com from businessman Michael Kovatch months after it released the iPhone, might be gone.

Full details of the ruling in case no. D2011-0929 have not been posted yet, which would explain what led Panelist David Cairns to the decision of ordering ipods.com to be transferred to Apple.  

The decision was just issued this past Friday, on July 29, according to WIPO’s website.  When the full decision becomes available online, I will update this post.

Depending on the reasoning, this decision could prompt Apple to file dozens of disputes over web addresses it still doesn’t own such as iPad.com, iPads.com, Macs.com, iPhones.com, iPhone5.com and countless more.

Earlier this month, Apple acquired the domains iPhone4.com and WhiteiPhone.com for an undisclosed amount.

Discussion: Apple Insider, Chron.Com / TechBlog, iPodNN, Neowin.net, 9to5Mac, Network World, The Inquirer, Mashable, Geeky Gadgets, the Sociable and Techmeme

(Photo of iPod Shuffle Second Generation via Wikipedia)

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Disputes National Arbitration Forum News

With return of ThunderCats, comes domain dispute over ThunderCats.com

thundercats

 An all-new ThunderCats animated series premieres on Cartoon Network tonight.

Warner Bros anticipates the series will appeal to viewers who have loved the characters all their lives as well as young newcomers to the franchise.  That, according to a press release.

Now with all the hype surrounding ThunderCats, it appears Warner Bros wants to setup a website using ThunderCats.com. 

The only problem is, the company doesn’t own the domain.

A domain dispute (case No. 1400583) has been filed with the National Arbitration Forum.  While the name of the complainant isn’t known at this time, it’s a safe bet that it’s Warner Bros behind the filing.

Since 2003, Warner Bros has filed several disputes with the National Arbitration Forum – and won. 

In one of its more recent cases, Warner Bros won hogwarts.com. 

The company has only had 2 claims denied at the National Arbitration Forum.  Djbatman.com in 2004 and DaisyDukes.com in 2005.

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Disputes National Arbitration Forum News

DC Comics wins dispute over ManofSteel.com domain name

Man of Steel logo

Man of Steel logo

On July 19, 2011 a single-member Panel of the National Arbitration Forum ruled that the manofsteel.com domain name be transferred from its current owner to DC Comics who had filed a domain dispute in late June.

The panelist, James A. Carmody, Esq., said that manofsteel.com is identical to DC Comics’ trademarks — “MAN OF STEEL” (registered in 1999) and THE MAN OF STEEL (registered in 1987).   The panelist also found that because the domain name resolved to a website which displayed links and advertisements, that the respondent’s use of the domain name was neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use.  The panelist also found that registration and use of manofsteel.com demonstrated bad faith.

The respondent in the dispute, Coni c/o LBR Enterprises, failed to submit a response.

Warner Bros and DC Comics are set to release “Man of Steel” in December 2012.

TheManofSteel.com, which is not owned by Warner Bros or DC Comics, is up for sale at Sedo for $300 by its current owner.

The full decision can be read here.

Discussion: BleedingCool.com, SuperHeroHype, Comic Book Resources, and BuyDomains

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Disputes National Arbitration Forum News Video Games

ModernWarfare3.com owner revealed, Go Daddy’s Privacy removed during UDRP

Modern Warfare 3 reveal trailer

The Battlefield 3 fanboy who has fueled the drama between Electronic Arts and Activision by re-directing ModernWarfare3.com to Battlefield.com has been officially revealed.

Originally hidden behind Go Daddy’s Domains By Proxy (DBP) service, it appears the registrar giant doesn’t want to get involved in the domain dispute recently filed under the UDRP by Activision against the owner of ModernWarfare3.com.

Today, Go Daddy’s DBP has removed the privacy service on the domain, revealing the identity of the ModernWarfare3.com owner who has entertained Call of Duty and Battlefield fans with his online antics for weeks.

So who is this person who got the attention of gaming publications, fans and of course, Activision?

The registrant is Anthony Abraham of Florida according to the latest Whois records furnished by DomainTools. 

Anthony, who has been hush hush since the beginning, will likely be receiving calls and e-mails from reporters over the next few days.

Now, if you’re wondering why the privacy service was removed all of the sudden, according to the Domains by Proxy website, cancelling the privacy service is just how it handles UDRP matters.

“DBP routinely receives notices from its affiliated registrars informing it of the filing of various administrative proceedings under the Policy.  Upon receipt of such notices, DBP cancels its privacy service for the domain name that is the subject of the Policy dispute and notifies its customer about the cancellation of service.”

Discussion: Kotaku, Joystiq, Game Rant and Machinima