Category: Disputes

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Disputes News Technology WIPO

iPad3.com domain quickly turned over to Apple’s IP lawyers following complaint

iPad3

iPad3

The domain iPad3.com is now in the hands of Apple’s IP lawyers at Kilpatrick Townsend & Stockton.  It appears the previous name’s owner didn’t even want to wait for an arbitration panel to issue the inevitable decision, and has instead decided to quickly transfer the domain following a complaint that was filed with the World Intellectual Property Organization (WIPO) at the end of June.

In the last 24 hours, the Whois record for iPad3.com was updated to reflect the change in ownership from Global Access to Kilpatrick Townsend & Stockton, a law firm that has represented the company in several patent and trademark infringement cases.

Given the speed of the domain transfer from the time the dispute was filed until now, it’s safe to assume a WIPO panel hadn’t even issued a ruling for Case Number D2012-1319, as the entire process can takes weeks and months.  The case will end up being terminated, just as the cases for iPhone5.com and UsedMacs.com were terminated.

Ultimately, the next step is for the name to be transferred from Apple’s lawyers to Apple, as it was likely bleeding traffic when people typed www.ipad3.com into their web browser looking for “The new iPad” only to find themselves on a parked page filled with links.

Chances are Apple will not change a thing when it comes to marketing “The new iPad” and will simply forward the name to its iPad page on Apple.com.

At the time of this story, iPad3.com still redirects to a variety of different parking services with Above.com.

[UPDATE 3 July 12:. Apple has begun forwarding iPad3.com to its web site. DNW reports Apple is tracking the traffic it gets from this domain using a tracking code.]

[UPDATE 2 July 6:. Case Number D2012-1319 has now been terminated at WIPO.]

[UPDATE 1 July 5:. iPad3.com has been transferred from Above.com’s name servers to Apple’s name servers.]

Talking about this story:  Techmeme, The Next Web, CNET, PC Magazine, GameZone, Macworld UK, Australian Macworld, SlashGear, GMA News, MacRumors, Network World, iDownloadblog.com, ITProPortal, Marketing Land, WebProNews, mediabistro.com, 36kr.com, maclife.de, iJailbreak.com, Memeburn and ZDNet

(Image of the new iPad via Apple.com)

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Disputes National Arbitration Forum News Video Games

Microsoft Corporation secures rights to pair of “Xbox 8” names at arbitration

Xbox 8

Microsoft Corporation has won two disputes filed in May with the National Arbitration Forum over a batch of Xbox-related domains owned by a resident of China who goes by the name “Cheng Juan”.

The disputed names include XboxPhone.com, XboxTablet.com, XboxLiveTV.com, XboxCompanion.com, Xbox8.us and Xbox8.org.

While Microsoft’s interest in securing names like XboxLiveTV.com and XboxTablet.com is understandable, the “Xbox 8” names are a little more puzzling.  That is, unless of course, Microsoft has plans for the names beyond just defensively protecting its intellectual property.

At this point, it’s unknown whether Microsoft has any plans to name a future Xbox the “Xbox 8”, but this isn’t the first time speculation has surfaced online that the upcoming Xbox may be called the “Xbox 8” instead of the “Xbox 720”.  Earlier gaming articles discussed whether the next-gen Xbox would be named the XBOX 8 and why Xbox 8 not 720 is a good name.

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In late June, the domains listed in the disputes were ordered transferred after two separate panels found the names were identical to the XBOX marks, that the respondent had no rights or legitimate interests in the domains, and that the domains had been registered and are being used in bad faith.

Microsoft has been busy filing complaints and has a number of pending cases against the owners of Xboxliverewards.com, Xboxsports.com, Xboxsmartglass.com, and Xboxmusic.com.

As of today, no complaint has been filed against the owner of Xbox8.com, which also appears to be registered to a resident of China according to Whois.

Full details of the decisions handed down are available online.

Microsoft Corporation v. cheng juan Claim Number: FA1205001445083

Microsoft Corporation v. cheng juan Claim Number: FA1205001445084

Talking about this story:  The Guardian, Adrenaline, BGR, CNN, CNN México.com, Complex.com, ComputerAndVideoGames.com, ComputerBase, CSICON, Digital Spy, Eurogamer.net, Game Guru, Gaming Examiner, Geek, IGN, In Entertainment, International Business Times, iTech Post, ITProPortal, Gadgetsteria, Gamers.fr, GameRanx, GameZone, GamerZona, GamingBolt, G4 TV, Game Informer, Game Rant, Gaming Target, Gematsu, God is a Geek, Here is the City, Joystiq, Kotaku, Kotaku Australia, MCV, Meristation, Metro, msnbc.com, NDTV, Neoseeker, Overclockers Club, PC Magazine, Ping! Zine, RedOrbit, Shacknews, Side Mission, Tech2, Tech Source, TechnoBuffalo, TheSixthAxis, TheGamersHub, The Droid Guy, The Tech Report, LLC, This is Xbox, TweakTown, Xbox 360 Achievements, Xbox 360: The Official Xbox Magazine, Ubergizmo, Video Game Writers, VG247, VR-Zone, WebNews, WebProNews, WinFuture, WinBeta and ZoKnowsGaming

(Image of Xbox Logo; image modified by Fusible)

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Disputes National Arbitration Forum News Video Games

Riot wins battle over League of Legends scam site, domain ordered transferred

Riot Games

Riot Games has won a case (Case Number: D2012-0744) against a scam website claiming to offer online support for the real-time strategy game League of Legends (LoL).  For those not aware, Riot Games provides official player support at the web address support.leagueoflegends.com, not support-leagueoflegends.com (notice the hyphen in the web address).

In a decision handed down on May 31, 2012, by the World Intellectual Property Organization (WIPO), the domain name has been ordered transferred from the respondent Maik Baumgartner to Riot Games, Inc.  Baumgartner first registered the name in early March according to Whois records.

This appears to be the first domain dispute brought by Riot Games and its no surprise the company won.

If you visit the scam site at support-leagueoflegends.com (screenshot below), it’ll try to get you to download a file.

League of Legends scam site

Riot Games announced over the weekend that League of Legends was hacked.  While this case appears to be unrelated, as its free-to-play game continues to grow in popularity, it will likely find itself victim to attacks online, as well as scam websites and cybersquatting of its well-known “League of Legends” trademark.

At the time of this posting, the domain has yet to be transferred, but it should only be a matter of days before the name is secured by Riot.

UPDATE:  Details of the ruling have been published online.

Riot Games demonstrated that all of the elements enumerated in paragraph 4(a) of the Policy have been satisfied:

(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and

(iii) the disputed domain name has been registered and is being used in bad faith.

On the point of bad faith, the panelist had this to say:

In the present case, the Complainant has made a convincing case that the Respondent registered the disputed domain name with the deliberate intention of targeting the Complainant’s trademark for the purpose of acquiring various data from the Complainant’s customers by effectively impersonating the Complainant. In particular, the Complainant has demonstrated that the appearance of the Respondent’s website is highly likely to be confused with the support website of the Complainant. The Complainant has also demonstrated that the Respondent has intentionally selected a confusingly similar domain name to the Complainant’s trademark, being likewise a close typographical variant of the uniform resource locator of the Complainant’s support website, which in the Panel’s opinion is likely to heighten the possibility of consumer confusion. In addition, the Complainant has presented uncontested evidence that after registration of the disputed domain name the Respondent subsequently changed the function of the associated website in order to persuade Internet users who visit the said website unknowingly to download “malware”.

UPDATE 1:  The website has been suspended according to a message on the home page.

Talking about this story: VG247 and Lazygamer

(Image of Riot Games office lobby via Riot.com)

Categories
Disputes National Arbitration Forum News Technology Video Games

Microsoft files complaint against owner of XboxSmartGlass.com, wants domain [UPDATED]

Xbox SmartGlass

Xbox SmartGlass

Xbox SmartGlass was officially unveiled earlier this week at the E3 convention in Los Angeles.  Days before the big event, rumors had swirled that Microsoft would reveal SmartGlass, prompting the company to register a slew of domains with “SmartGlass” in the name like XboxSmartGlass.net.

One name noticeably missing from the list was XboxSmartGlass.com (Whois).  That’s because Microsoft wasn’t quick enough to register the name.  It was registered by a resident of China who goes by “Haiyue Tang” on the very same day Microsoft moved to secure its “SmartGlass” domains.

Microsoft may have been slow to secure the domain, but it still intends to get it.

Microsoft has now filed a complaint (Case Number 1446970) with the National Arbitration Forum over the domain name XboxSmartGlass.com.

The domain name dispute proceedings commenced this week and also involve windowsphonebar.com.

At the time of this story, XboxSmartGlass.com is a blog written in Chinese that claims to be a non-profit with the purpose of introducing people to the smart glass industry.  Yeah, it’s a stretch.  In one of the first posts on the site, the owner tries to explain the origin of “Xbox SmartGlass” with no mention of Microsoft.

Based on the track record of Microsoft in domain disputes and the fact the company filed a SmartGlass trademark back in January, it should be an open and shut case in Microsoft’s favor.

Talking about this story: Kotaku

UPDATE:. Microsoft has won the dispute for XboxSmartGlass.com and WindowsPhoneBar.com.  Both domains have been ordered transferred.

(Image of Xbox SmartGlass presentation at E3 via Engadget)

Categories
Disputes National Arbitration Forum News Video Games

Ahead of rumored E3 reveal, Microsoft goes after XboxMusic.com [UPDATED]

Xbox Music E3 reveal

UPDATE 1 July 5, 2012:. Microsoft has won the domain dispute for XboxMusic.com.  A National Arbitration Forum panel has ordered the domain name transferred from Wang Shiguo to Microsoft Corporation.

ORIGINAL STORY:. Last month, The Verge reported that Microsoft will offer a sneak peek at its Zune replacement (codenamed “Woodstock”) during E3 2012.

With E3 right around the corner, it appears Microsoft is somewhat planning ahead of its new Xbox Music service reveal, by filing a complaint (Case Number 1445087) with the National Arbitration Forum over the domain name XboxMusic.com.

The domain name dispute proceedings commenced this week along with a separate case over xbox8.org, xboxcompanion.com, xboxlivetv.com, xboxphone.com, and xboxtablet.com.

Microsoft Corporation also filed another complaint (Case Number: 1445084) against the owner of xbox8.us which currently hosts a Chinese-written blog that even discusses the xbox8.org domain dispute.

Xboxmusic.com (Whois) does not resolve to a web page at the time of this story.

Insiders told The Verge, “Woodstock will be a cross-platform play, available to Windows 8, Android, iOS, and Xbox users — playable from a browser”.

(Image of E3 2011 via Xbox.com)