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News Technology Trademarks

Samsung files trademark for ‘Samsung Galaxy Sleek’ smart phones and tablets

Samsung Galaxy Nexus

With the highly anticipated Samsung Galaxy Nexus rumored to be released on December 8 in the United States on Verizon, it appears Samsung is already planning its next device called the ‘Samsung Galaxy Sleek’.

On November 23, Samsung filed a trademark application (Serial Number: 85480030) with the United States Patent and Trademark Office for the ‘Samsung Galaxy Sleek’. 

The goods and services covered in the trademark application cover:  Telephones, smart phones, mobile phones and tablet computers.

Samsung often uses the word ‘sleek’ to help describe its smooth and polished smartphones and tablets. 

So far Samsung has not made any announcement about the Galaxy Sleek.

Discussion:  The Next Web, Phandroid, SlashGearAndroidAppTests, Geeky Gadgets, The Tech Report, LLC, uSwitch.com, RecombuMovilZona.es, DroidDog, Android Community, Technabob, Le Journal du Geek and VR-Zone

(Photo of Galaxy Nexus at its announcement event in Soho, Hong Kong via Flickr)

Categories
Disputes National Arbitration Forum News

SalesForce.com attempts to hijack Forces.com by filing domain dispute

Marc Benioff Salesforce.com

Earlier this month, SalesForce.com filed a complaint (Case No. 1416951) with the National Arbitration Forum against Internet Venture Holdings (IVH) over the domain Forces.com.

While complainants in disputes filed with the National Arbitration Forum aren’t revealed until a panel delivers a decision, I contacted IVH to see if my suspicions were correct “that Salesforce.com was behind the complaint” and an IVH representative confirmed via e-mail that, indeed, Salesforce.com was the complainant.

What’s interesting about this case – and this isn’t unheard of – is that Salesforce.com not only has a good chance of losing the dispute, but it may face a claim of “reverse domain hijacking”.

If the software giant loses the dispute and IVH contends that Salesforce.com engaged in ‘reverse domain hijacking’, Salesforce.com could be labeled a “reverse hijacker” by the presiding panel.  “Reverse domain hijacking” is found if the company knew or should have known at the time that it filed the complaint, that it could not prove that forces.com was registered in bad faith. 

Though Salesforce.com has publicly acquired domain names in the past for large sums of money such as the purchase of Data.com for over $1.5 million, it doesn’t mean the company won’t bully smaller companies into giving up their domains if it doesn’t feel like paying the seller’s asking price.

Unfortunately, a finding of reverse domain hijacking likely won’t mean much punishment in terms of the Uniform Dispute Resolution Policy (UDRP).

According to sources online:

The Anticybersquatting Consumer Protection Act does not expressly recognize reverse domain name hijacking and often only limits defendants’ recovery to retention or transference of the domain name. It also fails to provide any remedies for victims of attempted reverse cybersquatting. However, the statute permits some monetary relief where bad faith, reckless disregard or the willful violation of a court order are involved.

However, if Salesforce.com decides it still wants to acquire the domain after being labeled a “reverse hijacker”, the ball will definitely be in IVH’s court, who own hundreds of other prized, generic domains like Coast.com and Turquoise.com.

Even if Salesforce.com loses the dispute (which it should) and somehow avoids the hijacking label, I don’t see this ending well for Salesforce.com.

(Photo of Marc Benioff, CEO of Salesforce.com via Flickr)

Categories
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)

Categories
Movies News

New Pinocchio film? Domains secretly registered by brand protection company

Pinocchio film

It’s only speculation, but according to several new domain registrations made through the internet brand protection company MarkMonitor, it appears a new Pinocchio film could be in the works.

On November 22, pinocchio-the-movie.com, pinocchiofilm.com, pinocchiothefilm.com, and thepinocchiomovie.com, were all privately registered to DNstination Inc, the WHOIS privacy service provided by MarkMonitor.

Currently, none of the domain names resolve to a web page.

While the company behind the names is not officially known, MarkMonitor is well-known for providing brand protection services to more than half the Fortune 100 companies in the world.  And considering Disney Enterprises, Inc. owns several “Pinocchio” trademarks, it’s nearly certain that Disney is the registrant.

Though nothing has been officially announced by Disney, the new domain registrations hint at a new movie in the making.

At the same time the Pinocchio domains were registered, another batch of names were privately registered with MarkMonitor, alluding to another film called “The Gold Mist”.  Here’s a look at those domain registrations:

gold-mist-movie.com
goldmist-movie.com
goldmist-themovie.com
goldmistfilm.com
goldmistmovie.com
goldmistthemovie.com
thegoldmistmovie.com

(Photo of of Pinocchio from the trailer for the film Pinocchio – 1940 via Disney)

Categories
Disputes News

Defendant in Lanham Act lawsuit turns over dozens of domains to Facebook

Facebook, Inc. v. Cyber2Media, Inc. et al

Back in July, Facebook filed a lawsuit in United States District Court seeking the cancelling of typosquatter domains that infringed on its trademarks, as well as damages and other relief against a number of defendants.

In the case of Facebook, Inc. v. Cyber2Media, Inc. et al, Facebook alleged violations of the Lanham Act, which among other things, prohibits trademark infringement.

One of the defendants identified in the lawsuit (read here), Ryan Johnson of Minnesota, has now transferred nearly 75 domain names to Facebook.

The domain names were transferred to Facebook, Inc. this week. 

Here’s a look at the full list of domain names that Ryan Johnson handed over.

acebookfans.com
acebookfriends.com
advertisingfacebooknow.com
bestfacebookcash.com
bestfacebookemail.com
bestfacebookfans.com
bestfacebookmarketing.com
bestfacebooksearch.com
bestfacebookstock.com
buyfacebookfansonline.com
buyfacebookfanssite.com
buyfbfansnow.com
buyfbfansonline.com
cheapfacebook.com
coloradofacebook.com
facebookbase.com
facebookbff.com
facebookbulletins.com
facebookcashsite.com
facebookcashworld.com
facebookeffects.com
facebookemailsite.com
facebookemailworld.com
facebookenthusiasts.com
facebookfindsite.com
facebookhuntworld.com
facebookmaildirect.com
facebookmailonline.com
facebookmessagesite.com
facebookmoneydirect.com
facebookmoneyworld.com
facebookpublicity.com
facebookresultsnow.com
facebooksearchsite.com
facebooksearchworld.com
facebookseek.com
facebookseekguide.com
facebookstocksite.com
facebookstockworld.com
fbadvertisingresults.com
fbadvertisingresultsnow.com
fbemailsite.com
fbemailworld.com
fbresultstoday.com
fbstockdirect.com
fbstockmarkets.com
fbstockonline.com
fbstocksite.com
fbstocktrader.com
fbstockworld.com
findfbfriends.com
freefbfans.com
freefblikes.com
getfblikesnow.com
greatfacebookgames.com
iowafacebook.com
myfacebookbff.com
newfacebookmarketing.com
statefacebook.com
superfacebookcash.com
superfacebookemail.com
superfacebookstock.com
thefacebookcash.com
thefacebookemail.com
thefacebookmarketing.com
thefacebooksearch.com
thefacebookstock.com
thefbgamecheats.com
thefbstock.com
unionfacebook.com
yourfacebookcash.com
yourfacebookemail.com
yourfacebooksearch.com
yourfacebookstock.com

I’ve reached out to Ryan for comment and will update this story if I hear back.