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Disputes National Arbitration Forum News

Warner Bros. Entertainment wins dispute over ThunderCats.com domain name

ThunderCats Cartoon Network

With the return of ThunderCats back to television, the domain name ThunderCats.com has been ordered transferred to Warner Bros. by a single member panel of the National Arbitration Forum.

The respondent in the domain dispute was Equity LLC / Name Admin of New York.

On the point of “Registration and Use in Bad Faith”, although the Honorable Charles K. McCotter, Jr. (Ret.) who served as the panelist did not find that Equity LLC had ever attempted to sell the disputed domain name, McCotter did find that the domain had a competing nature because Equity LLC had posted links to websites and businesses which sell action figure goods in competition with Warner Bros.

Of course, there is much more to the decision than just the point of “bad faith”.

You can read all the gory details of the decision through the information published online here.

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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 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 Movies National Arbitration Forum News Trademarks

Domain dispute over ManofSteel.com, film set for release in December 2012

Man of Steel

Updated July 20, 2011:  Turns out the complainant in the case was DC Comics, not Warner Bros.  A single-member panel has ruled in favor of DC Comics and ordered the domain name to be transferred.  Details here.

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It appears Warner Bros wants the domain name ManofSteel.com for its big film project set to release in December 2012.

A complaint (case no. 1395018) was filed with the National Arbitration Forum (“NAF”) this week.  Though the complainant isn’t known at this time, DC Comics a subsidiary company of Warner Bros has owned the trademark on “The Man of Steel” since the 1980s. 

Over the last ten years, Warner Bros has filed (and won) a number of domain disputes including chasingsuperman.com, batman-costume.com, gilligansisland.com, harrypotterzone.com, justice-league.com, and dozens more.  The company’s claims were denied twice, once over djbatman.com and the second time over daisydukes.com which is owned by Rick Schwartz.  Rick Schwartz won the case after Warner Bros had not satisfied its burden of proof to establish bad faith registration and use under paragraph 4(a)(iii) of the Policy.

In the case of ManofSteel.com, which is currently registered to a LBR Enterprises in California, chances are the domain name will be transferred to Warner Bros. if they are the complainant.

The company also doesn’t own TheManofSteel.com, but no dispute has been filed as of yet.  The domain name is currently listed for sale at Sedo for $300 USD, a cheap price compared to what the company may have to pay in legal fees (should it file a complaint) for a legal dispute that is not guaranteed to go in their favor.