Category: WIPO

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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 News WIPO

Columbia Pictures files dispute over FantasyIsland.com [UPDATED]

Fantasy Island

Fantasy Island

Last summer DotWeekly wrote about the domain name FantasyIsland.com selling in a Go Daddy expired domain auction for $22,005 USD. 

The first comment made by a reader of the article was that the purchase was a waste of money.

“What a waste of money IMO.  That purchase makes no sense unless you own the rights to the show Fantasy Island. If not, what the hell can one do with it? A titty bar? “Boss boss, de UDRP, de UDRP,”” wrote Mike.

Well, now Columbia Pictures Industries, which has owned the Fantasy Island trademark since the early 1980s, has filed a domain dispute (Case Number: D2012-0043) over FantasyIsland.com with the World Intellectual Property Organization (WIPO) and the current owner is going to have to think about what to do.

What makes this case interesting is that the current owner Howard Guessner, has owned the domain name dating back to 2004 all the way up through today, according to Whois historical records.  So it appears Guessner may have renewed the domain in time and never paid $22K to Go Daddy to purchase it in an expiring auction.  

I’ve reached out to Guessner via e-mail to learn more and will update this post if I hear back.

[Updated on February 29, 2012:. The name has been ordered transferred to Columbia Pictures Industries.  The decision was issued on February 19, 2012.  Full details of the decision can be read here.]

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Disputes News WIPO

UPDATED: Pearl Jam frontman Eddie Vedder wants eddievedder.com

Eddie Vedder

Eddie Vedder

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)

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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 Trademarks Video Games WIPO

Neither Sony, Nintendo, nor Microsoft own the domains for their next consoles

xbox 720

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)