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Disputes News Technology WIPO

Twitter files dispute over Twitter.org, domain being used for scam surveys

Twitter.org

Twitter has filed a complaint with the World Intellectual Property Organization (WIPO) over the domain name Twitter.org.  Today, people who type Twitter.org into their internet browser are sent to a web page that looks confusingly similar to the popular microblogging site.  A landing page appears that tries to lure people into taking a scam survey.

WIPO Case Number D2013-0062, which became active this week, is one of less than a dozen domain disputes that have been filed by Twitter and the first for the company in 2013.  Every single case has ended in Twitter’s favor thus far, in some instances without a decision even being handed down by an arbitration panel.  The case for TwitterSearch.com, for example, was terminated, but eventually transferred to Twitter’s control.

Its last dispute over the typo domain Twittter.com (with an extra ‘t’), filed in late 2011 with WIPO, was very similar to this one in that unsuspecting users were lured to a site that looked confusingly similar to the official Twitter site.   The user was then guided through a series of questions that attempted to gather personal information by promising free gifts like an iPad 2.

The surveys that are shown when people try to go to Twitter.org are more current in technology though, offering gifts like the iPhone 5.

According to WHOIS historical records, the domain Twitter.org was registered in the mid-2000s, only months after the dotcom was registered.  The name stayed with its owner, a resident of New York, up until mid-2011 when it began changing hands.

Before redirecting users to a variety of web addresses serving up online surveys, the name was parked and displayed third party advertisements.  Here’s a screenshot of Twitter.org back in 2006.

Twitter.org

As of right now, Twitter.org (WHOIS) is privately registered through Moniker, so it’s unknown who currently owns the name.

Cases like these are usually slam dunks in favor of the complainant.  Last year at this time, Google won a similar case involving YouTube typo domain names.  Not long before that, LinkedIn filed a dispute over LinkdIn.com which redirected users to survey scams.   The company eventually took ownership of the name and withdrew its complaint.

As with any Uniform Domain-Name Dispute-Resolution Policy (UDRP), to win the dispute, Twitter must demonstrate that all of the elements enumerated in paragraph 4(a) of the Policy have been satisfied:

(1) that the disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

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

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

Stay tuned for updates…

Talking about this story: Marketing Land and Domain Name Wire

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Disputes News WIPO

Model Cindy Crawford files dispute over CindyCrawford.com, domain redirects users to porn site

Cindy Crawford

Model Cindy Crawford who is well known for her mole just above her lip, has filed a complaint (Case Number: D2012-2454) with the World Intellectual Property Organization (WIPO) over the domain name CindyCrawford.com, a web address that – at the time of this story – redirects users to a hardcore adult site filled with videos of the porn actress by the same name.

Throughout the years, CindyCrawford.com has been home to fairly tame content according to a screenshot history search.  Up until recently, the site was more informational, providing news and content to fans about the American model.

In recent months, it appears the domain’s owner decided to start redirecting users to an adult website containing videos of a pornographic actress whose legal name is Cindy Crawford.

Cindy Crawford

In mid-2000, the adult star was contacted by the mainstream supermodel who disputed the use of her name.  As reported by XBIZ.com, “…Crawford was able to prove that it is — and always has been — her legal name. While representatives for the mainstream Crawford may not like the coincidence, there is nothing they can do about it.”

According to WHOIS records, CindyCrawford.com is registered to a Spain-based company called Producciones Asstalfondo.

To win this dispute, Cindy Crawford must demonstrate that the following have been satisfied:

(1) that the disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

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

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

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Disputes National Arbitration Forum News

Virgin mogul Richard Branson wins disputed dot-XXX domain name

Richard Branson

Business magnate Richard Branson filed a complaint (Case Number: 1423689) over the domain name RichardBranson.xxx with the National Arbitration Forum in January.

Now a single-member panel has ordered the name transferred to Richard Branson, having established all three elements required under the ICANN Policy. 

First, the domain name is identical to the RICHARD BRANSON mark.  Second, the respondent lacked rights and interests in the disputed domain name.  And lastly, the domain name was registered and used in bad faith.

“As an additional independent ground demonstrating bad faith and as discussed above with regard to “rights and interests,” Respondent apparently registered the at-issue domain name even though he does not qualify to register a domain name on the .XXX register,” wrote Paul M. DeCicco, Panelist.

The full details of the ruling have been released and can be read online here.

There are now several UDRP cases involving dot-xxx domain names since the domain went public. 

The list of cases that are active as of today include: baylorgirls.xxx, utsystem.xxx, femjoy.xxx, kayjewelers.xxx, finansbank.xxx, foxstudios.xxx, borcelik.xxx, borusanholding.xxx, denizbank.xxx, valero.xxx and markafoni.xxx.

(Image of Richard Branson via Virgin.com)

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Disputes News WIPO

UPDATED: Pearl Jam frontman Eddie Vedder wants eddievedder.com

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.comAudio Ink Radio and Red Mosquito

(Image of Eddie Vedder in Calgary, Canada via PearlJam.com)

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News

Panel denies Salesforce the name Forces.com in domain dispute

Force.com

After filing a complaint (Case No. 1416951) with the National Arbitration Forum last month against Internet Venture Holdings (IVH) over Forces.com, Salesforce.com has been denied the domain name.

Not surprisingly, the panel found that <forces.com> was not identical or confusingly similar to any mark in which Salesforce.com has rights.  As a result, the name was ordered to remain with its owner Internet Venture Holdings (IVH) and will not be transferred to Salesforce.com.

Because the panel concluded that the domain was not identical or confusingly similar, it didn’t bother establishing whether IVH had no rights or legitimate interests in respect of the domain name; or whether the domain had been registered and was being used in bad faith.

There was also no finding of reverse domain hijacking.

If Salesforce.com really wants a generic domain, they should pay the asking price, not bully smaller companies.

Full details of the panel’s decision can be read online here.