News
06/02/10
Category: Domain Name News
Posted by: JeffRosenfeld
Steinway, Inc. the acclaimed manufacturer of pianos, recently lost a cybersquatting action to recover the domain name www.american-steinway.com, While the cybersquatting panel found that Steinway had a federal trademark registration for the STEINWAY way, the panel also found that the registrant of the domain name had been in the business of buying, restoring, and selling Steinway pianos for several years, and had used the domain name in its nominative sense. Therefore the panel found that the registrant had rights in the STEINWAY mark and did not use the domain name in bad faith. Thus, the panel denied Steinway's claim.
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05/21/10
Category: Domain Name News
Posted by: JeffRosenfeld
Romantic Tours, Inc. provides international dating services under the mark HOT RUSSIAN BRIDES. Respondent created a website associated with the domain name www.agencyscams.com that provides information about Romantic Tours' services and also offered competitive dating services. Romantic Tours contended that the respondent had cybersquatted on its HOT RUSSIAN BRIDES trademark, and specifically in a file name displayed after the domain name (i.e. www.agencyscams.com/why/hotrussianbrides) The cybersquatting panel disagreed. The panel found that the UDRP does not offer relief for infringement of registered trademarks in post-domains. Thus the claim was denied.
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05/13/10
Category: Domain Name News
Posted by: JeffRosenfeld
24 Hour Fitness USA, Inc. recently succeeded in a cybersquatting action to recover the domain name www.24houfitness.com. The cybersquatting panel found that 24 Hour Fitness had federal trademark registrations for 24 HOUR FITNESS. Moreover, the panel found that the domain name was substantially similar to the 24 HOUR FITNESS trademark. Finally, the panel found that the domain name had been used in bad faith, where it had been used to display pay-per-click advertisements to 24 Hour Fitness's competitors. Thus, the panel ordered the domain name transferred to 24 Hour Fitness.
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04/15/10
Category: Domain Name News
Posted by: JeffRosenfeld
Louis Vuitton Malletier S.A. recently lost a UDRP proceeding to recover the domain name www.lvmobile.com. While Louis Vuitton owned a U.S. trademark for LV, the cybersquatting panel found that the domain name lvmobile.com was not confusingly similar to the LV mark.
The panel found that the domain name did not clearly and obviously associate to Louis Vuitton. Rather, "an Internet user seeing the domain name is more likely to expect to find information on Latvian mobile phones on the connecting site, than the fashion goods of Louis Vuitton." Accordingly, Louis Vuitton's claim was denied.
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04/05/10
Category: Domain Name News
Posted by: JeffRosenfeld
The global financial services firm Morgan Stanley succeeded in an anti-cybersquatting arbitration to recover the domain name morganstandley.com The UDRP panel found that Morgan Stanley had trademark rights in the mark MORGAN STANLEY by virtue of its trademark registration with the United States Patent and Trademark Office. The UDRP also panel found that the domain name was confusingly similar to the MORGAN STANLEY trademark and had been used in bad faith to display links to competitors' sites. Thus, the UDRP panel transferred the domain name to Morgan Stanley.
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03/26/10
Category: Domain Name News
Posted by: JeffRosenfeld
Victoria's Secret has again succeeded in recovering several domains from a cybersquatter, including: www.victoriasecretswim.com, www.victoriassecretst.com, www.victoriasecretcareer.com. The cybdersquatting panel found that Victoria Secret had strong rights in its VICTORIA'S SECRET trademark, and that the domain names at issue were confusingly similar to this mark, with only the addition of generic terms. The panel further found that the domains had been used in bad faith to redirect Internet users to competitors' websites. Thus, the panel transferred the domain names to Victoria's Secret.
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03/24/10
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent UDRP decision, the use of the domain name www.justusboy.com was found to constitute cybersquatting of the JUSTUSBOYS.COM trademark. The panel found that JUSTUSBOYS.COM mark had acquired common law trademark rights through its extensive use in hard copy and online publications. The panel found that the domain name www.justusboy.com was substantially similar to the JUSTUSBOYS.COM mark. Finally, the panel found that the domain name had been used in bad faith where it redirected Internet users to competitors in the online adult-entertainment business.
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03/17/10
Category: Domain Name News
Posted by: JeffRosenfeld
The Tea Party Patriots recently lost a cybersquatting action over the domain name www.teaparty-patriots.com. The Tea Party Patriots alleged that in 2009 it became extremely well-known in connection with a political movement, and that its discussion forums draw thousands of visitors. While the panel found that while the Tea Party Patriots had a pending US trademark application for TEA PARTY PATRIOTS, the arbitration procedure invoked only addressed the relatively narrow class of cases of abusive registrations. Because this case did not constitute an abusive registration, the panel denied the claim.
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03/11/10
Category: Domain Name News
Posted by: JeffRosenfeld
Priceline.com, Inc., the discount travel-related website, won a Uniform Dispute Resolution Policy ("UDRP") action to recover the domain name www.pricenline.com. The UDRP panel found that Priceline had strong rights in the mark PRICELINE.COM through its federal trademark registration. The panel further found that the domain name, www.pricenline.com was confusingly similar to the PRICELINE.COM mark. Finally, the panel found that the registrant of the domain name had acted in bad faith where it had a history of such misconduct and had used the domain name to divert web users looking for Priceline's website. Thus, the panel ordered the domain name transferred to Priceline.
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03/09/10
Category: Domain Name News
Posted by: JeffRosenfeld
The 3M Company recently succeeded in a cybersquatting arbitration to recover the domain name www.scotchtape.info. The 3M Company owns a federal trademark registration for SCOTCH for use in connection with tape. The arbitration panel found that the domain name was confusingly similar when it completely incorporated 3M's SCOTCH mark plus the generic word tape. The panel also found that the domain name had been used in bad faith to display a website featuring sponsored link ads. Thus, the panel ordered the domain name transferred to 3M.
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03/04/10
Category: Domain Name News
Posted by: JeffRosenfeld
Tyson Foods recently won an domain name dispute proceeding and recovered the domain name www.tysonsfoodsinc.com. The domain name panel first examined the strength of Tyson's trademark rights and found that Tyson had strong rights in the mark TYSON by virtue of its federal trademark registration. The panel next found that the addition of the generic terms "food" and "inc" to the domain name did not reduce the similarity to the TYSON mark. Finally, the panel found that the domain name had been used in bad faith where it displayed a website offering users unrelated links to other goods and services. Thus, the panel transferred the domain name to Tyson Foods.
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02/25/10
Category: Domain Name News
Posted by: JeffRosenfeld
ESPN, Inc. recently triumphed in a cybersquatting action to recover the domain name www.espnla.com. The cybersquatting panel first found that ESPN had several registered trademarks for ESPN for use in connection with its magazines, cable television entertainment and sports programs, and computer and video game. The panel next found that the domain name was confusingly similar to the ESPN mark. Finally, the panel found that the domain name had been used in bad faith to display a website with ads for competitors of ESPN. Thus, the panel ordered that the domain name be transferred to ESPN.
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02/22/10
Category: Domain Name News
Posted by: JeffRosenfeld
Burger King Corp. recently succeeded in a cybersquatting action to recover the domain name www.burgerkingdelivered.com. The cybersquatting panel found that BURGER KING was a federally registered trademark and that the domain name was confusingly similar to the registered mark. The addition of the descriptive term "delivered," did not reduce any of the confusing similarity. The panel also found that the domain name had been used in bad faith where it was used to display a website offering delivery services for the products of other restaurant and stores. Accordingly, the panel ordered the domain name transferred.
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02/04/10
Category: Domain Name News
Posted by: JeffRosenfeld
AOL Inc. recently recovered the domain names www.mapquet.com and www.mpquest.com in a cybersquatting action. The panel found that AOL had numerous trademark registrations for the MAPQUEST mark. The panel further found that the two domain names were confusingly similar to AOL's MAPQUEST mark, where they simply contained misspelled versions of the mark. Finally, the panel found that the domain names had been used in bad faith, when they were used to display ads for competitors in the map and travel-related products industry through click-through links. Thus, the panel transferred the domain names to AOL.
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01/29/10
Category: Domain Name News
Posted by: JeffRosenfeld
The Houston Astros Baseball Club recently succeeded in a cybersquatting action to recover the domain name www.astrosbaseball.com. The cybersquatting panel found that the Houston Astros had a valid trademark registration for the ASTROS trademark and that the domain name was confusingly similar to the ASTROS mark. The cybersquatting panel also found that the domain name registrant had acted in bad faith when it had used the domain name to display third party links to competitors of the Astros. Accordingly, the panel ordered that the domain name be transferred.
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01/25/10
Category: Domain Name News
Posted by: JeffRosenfeld
Taco Bell recently succeeded in a cybersquatting action to recover the domain name www.tacobelldiet.com. The cybersquatting panel found that Taco Bell had strong trademark rights in the TACO BELL trademark. The panel further found that the domain name tacobelldiet.com was similar to the TACO BELL mark, and that the addition of the word "diet" enhanced the confusing similarity given the relationship between the two terms. Finally, the panel found bad faith conduct where the domain name had been used to advertise third party websites. Accordingly, the panel ordered the domain name transferred.
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12/30/09
Category: Domain Name News
Posted by: JeffRosenfeld
Baylor University recently succeeded in a cybersquatting action to recover the domain name www.bayloruniversity.com. The cybersquatting panel first found that Baylor had registered trademark rights in the BAYLOR UNIVERSITY mark. The panel next found that the domain name was confusingly similar to the BAYLOR UNIVERSITY mark, and that the registrant of the domain name did not have legitimate rights in the mark. Finally, the panel found that the registrant had used the domain name in bad faith when it offered to sell the domain for $2,909 and used it to display links to third party websites. Accordingly, the panel ordered that the domain name be transferred to Baylor.
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12/10/09
Category: Domain Name News
Posted by: JeffRosenfeld
Celebrity Kate Hudson, the daughter of TV and film legend Goldie Hawn, recently succeeded in a cybersquatting action to recover the domain name www.katehudson.com. The cybersquatting panel found that Hudson had established trademark rights in the KATE HUDSON mark through her long and continuous use of the mark in commercial activity. The panel further found that the domain name was confusingly similar to the KATE HUDSON mark, and that the domain name had been used in bad faith. Specifically, the domain name was used to display unrelated third-party hyperlinks and adult-oriented hyperlinks. Thus, the panel transferred the domain name to Hudson.
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12/03/09
Category: Domain Name News
Posted by: JeffRosenfeld
Sears Brands, LLC recently succeeded in a cybersquatting action and recovered the domain name www.searsautocenter.com. The cybersquatting panel found that Sears had a U.S. trademark registration for the SEARS mark and offered a variety of automotive parts and services on its website resolving from www.sears.com. the panel further found that the domain name at issue, searsautocenter.com was confusingly similar to the SEARS mark and that it had been registered in bad faith. Specifically, the panel found that the domain name had been used to host competitive third-party advertisements. Thus, the panel ordered the domain name to be transferred to Sears.
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11/23/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Knot, Inc. recently succeeded in a cybersquatting action to recover the domain name www.thenkot.com. The cybersquatting panel found that The Knot hadestablished rights in its THE KNOT mark under its registration of the mark with the U.S. Patent and Trademark Office. The panel further found that the domain name was confusingly similar to THE KNOT mark. Finally, the panel found bad faith where the domain was used to redirect Internet users to a website that featured links to third-party sites (e.g. “Free Wedding Checklist,” “Online Bridal Toolkit,” and “Unique Wedding Themes”), which directly competed with The Knot's business.
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11/16/09
Category: Domain Name News
Posted by: JeffRosenfeld
Mary Kay Inc. recently recovered the domain name mayrkay.com from a cybersquatter. The cybersquqatting panel found that Mary Kay had a number of federal trademark registrations for the mark MARY KAY. The panel further found that the domain name mayrkay.com was confusingly similar to the MARY KAY trademark. Finally, the panel found that the domain name had been registered in bad faith, where the domain name resolved to a website that promoted competitors in the body care and cosmetics industry through click-through links. Thus the panel transferred the domain name to Mary Kay.
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11/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
Michelin North America, Inc. recently succeeded in a cybersquatting action to recover the domain name www.michelintires.org. The cybersquatting panel found that Michelin had strong trademark rights in the MICHELIN mark. The panel further found that the domain name at issue was confusingly similar to MICHELIN's trademark. Finally, the panel found bad faith where the domain name was being used to display a website with links to Michelin's competitors. Thus, the panel transferred the domain name to Michelin.
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10/14/09
Category: Domain Name News
Posted by: JeffRosenfeld
Tennis legend Steffi Graf recently suceeded in a cybersquatting action to recover the domain name www.steffigraf.info. The panel found that Graf had established rights in the STEFFI GRAF trademark in connection with the successful professional women’s tennis playing. The panel further found that the domain name was confuisngly similar to the STEFFI GRAF mark and that the registrant had no legitimate interests in the mark. Finally, the panel found bad faith where the registrant used the domain name to operate a website offering links to sports-related products that compete with Graff’s own sponsorship of sports-related products.
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08/17/09
Category: Domain Name News
Posted by: JeffRosenfeld
The major law firm, Greenberg Traurig, recently succeeded in a cybersquatting action to recover the domain name www.greenbergtraurigharassment.com. The panel found that Greenberg had established trademark rights in the mark GREENBERG TRAURIG. The panel further found that the addition of the term "harassment" to the domain name did not alter the confusing similarity between the domain name and the mark. Finally, the panel found bad faith where the domain name was used to display links to Greenberg's competitors. The panel thus ordered the domain name transferred.
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08/12/09
Category: Domain Name News
Posted by: JeffRosenfeld
A cybersquatting panel recently ruled against Contender Boats, Inc. finding that the domain name www.contender.com was not cybersquatted. Contender Boats had entered into an agreement with the Respondent to develop its website. Under that agreement, the Respondent registered www.contender.com. The cybersquatting panel found, "[f]rom our review of the submissions of the parties, it is clear that this is not a dispute within the contemplation of the Policy, which is intended solely to address instances of “cyber-squatting,” defined as the abusive registration and use of Internet domain names. Rather, this is a dispute over the terms and conduct of a business arrangement, which should be confided to the jurisdiction of the appropriate local or national court.
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08/07/09
Category: Domain Name News
Posted by: JeffRosenfeld
Constellation Brands Inc. and its wholly-owned subsidiary Robert Mondavi Winery recently succeeded in a cybersquatting action to recover the domain name www.robertmondaviwine.com. The cybersquatting panel found that Mondavi had established trademark rights in the ROBERT MONDAVI in connection with wine and vineyard goods and services. The panel further found that the domain name was confusingly similar to the ROBERT MONDAVI mark and that the registrant had used the domain name in bad faith by displaying a website with links to competitive wine services. Accordingly, the panel ordered the domain name transferred.
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08/06/09
Category: Domain Name News
Posted by: JeffRosenfeld
Deere & Co. recently succeeded in a cybersquatting action to recover the domain name www.johndeer.com. The cybersquatting panel found that Deere & Co. had strong trademark rights in the JOHN DEERE trademark through its registrations with the U.S. Trademark Office. Moreover, the panel found that the registrant had no similar rights and that the domain name was confusingly similar to the JOHN DEERE mark. The panel also found that the registrant had used the domain name in bad faith by displaying a website with links to Deere & Co.'s competitors’ products and services.
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08/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
In an extension of the cybersquatting rules to less common product and service areas, a cybersquatting panel recently found that the domain name www.hotrussianbrides.com was cybersquatted. The panel found that the petitioner had a valid trademark registration for the mark HOT RUSSIAN BRIDES in connection with dating and marriage partner services. The panel further found that the registrant had no similar rights in the HOT RUSSIAN BRIDES mark and had used the domain name in bad faith by displaying links to competitive dating and marriage partner services. Accordingly, the panel found the domain name was cybersquatted.
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07/31/09
Category: Domain Name News
Posted by: JeffRosenfeld
Reed Elsevier Inc., the owner of the Lexis Nexis database and computer research applications, recently won a cybersquatting action and recovered the domain name www.lexinexis.com. The UDRP panel found that Reed Elsevier has established rights in the LEXIS NEXIS mark. Moreover, the panel found that the registrant had failed to establish any similar rights and that the domain name was confusingly similar to the LEXIS NEXIS mark. Finally, the panel found that the registrant had acted in bad faith by using the domain name to display links to competing websites. Accordingly, cybersquatting was found.
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07/28/09
Category: Domain Name News
Posted by: JeffRosenfeld
Disney recently succeeded in a cybersquatting action to recover the domain name www.thelionking.com. The cybersquatting panel found that Disney had trademark rights in THE LION KING mark based on its registration with the U.S. Patent and Trademark Office. The panel went on to find that the registrant had no rights in THE LION KING mark and that the registrant had used the domain name in bad faith. Specifically, the cybersquatting panel found that registrant registered the domain with full knowledge of Disney's well known trademark, and subsequently made no use of the domain, except as a personal e-mail address.
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07/24/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Procter & Gamble Company recently succeeded in a cybersquatting and recovered the domain name www.scopemouthwash.com. The cybersquatting panel found that P & G possessed valid trademark rights in the SCOPE mark. The panel further found that the term "mouthwash" was merely a generic addition. The cybersquatting panel further found that the registrant had no valid rights in the SCOPE trademark, and had been using the domain name in bad faith by using it to attract Internet users to a website containing links, some of which resolve to websites competitors of P & G. Accordingly, the panel found that the domain name was cybersquatted.
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07/21/09
Category: Domain Name News
Posted by: JeffRosenfeld
LD Products, Inc. the owner of the 123INKJETS trademark, recently succeeded in a cybersquatting action to recover the domain www.123onkjets.com. The cybersquatting panel found that the domain name was confusingly similar to the 123INKJETS trademark and that the respondent had no bona fide rights in that mark. Moreover, the panel found that the domain name had been used in bad faith, displaying links to 123InkJets' competitors. Accordingly, the UDRP panel found that the domain name had been cybersquatted and ordered it transferred.
[more...]
07/15/09
Category: Domain Name News
Posted by: JeffRosenfeld
Pfizer recently succeeded in a cybersquatting action to recover the domain name www.viagra.us. The cybersquatting panel found that Pfizer had established rights in the VIAGRA mark through its trademark registration. The panel also found that the registrant had no legitimate rights in the VIAGRA mark, and that the registrant had used the domain name in bad faith by displaying click-through links that promoted Viagra's competitors. Accordingly, the panel found that the domain name had been cybersquatted.
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07/08/09
Category: Domain Name News
Posted by: JeffRosenfeld
Pearl Jam, LLC recently succeeded in a cybersquatting action to recover the domain name tenclub.org. The cybersquatting panel found that Pearl Jam is one of the most popular and widely known rock bands in the world. Ten Club LLC is the band’s original, authorized fan club and the exclusive licensee of the TEN CLUB mark. The panel further found that the domain name was confusingly similar to the TEN CLUB mark and that the registrant had used the domain name in bad faith. Specifically, the registrant used a parking service to display advertised links on a website while seeking to attract Internet userslooking for Pearl Jam’s well-known fan club.
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06/30/09
Category: Domain Name News
Posted by: JeffRosenfeld
Microsoft recently succeeded in a cybesrquatting claim to recover the domain name www.xboxatomic.com. The cybersquatting panel first found that Microsoft had trademark rights in the mark XBOX. The panel went on to find that the domain name was confusingly similar to Microsoft's XBOX mark and the addition of the word "atomic" did not reduce the confusion. Finally, the panel found that the respondent had used the domain name in bad faith as a pornographic and commercial website. Thus, the panel ordered the domain name transferred.
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06/26/09
Category: Domain Name News
Posted by: JeffRosenfeld
Yahoo recently recovered the domain name www.yahoomailcom.com from a cybersquatter. The cybersquatting panel found that Yahoo had established trademark rights in the YAHOO and YAHOO MAIL trademarks. The panel also found that the respondent had no legitimate rights in the YAHOO MAIL mark and had used the domain name in bad faith by displaying a website with paid advertising. Accordingly, the panel found that the domain name was cybersquatted, and ordered it returned to Yahoo.
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06/16/09
Category: Domain Name News
Posted by: JeffRosenfeld
Habitat for Humanity International recently succeeded on a cybersquatting claim to recover the domain name www.habitatcareers.org. Habitat for Humanity is a nonprofit organization founded in 1976 for the purpose of building affordable homes for low income individuals and families. Habitat for Humanity holds several registrations of the HABITAT FOR HUMANITY mark with trademark authorities worldwide. The cybersuqatting panel found that the domain name was confusingly similar to the HABITAT FOR HUMANITY mark and that it had been used in bad faith where the registrant used it to operate a website that fraudulently purported to be Habitat for Humanity’s official career opportunity website
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06/10/09
Category: Domain Name News
Posted by: JeffRosenfeld
The actor George Hamilton recovered the domain name www.georgehamilton.com in a cybersquatting action. The panel found that while Mr. Hamilton did not have a trademark registration for the GEORGE HAMILTON mark, he had established trademark rights through his extensive work and exposure as an actor, director, and producer. The panel went on to find that the respondent had failed to produce any evidence that it had legitimate rights in the GEORGE HAMILTON mark, and had used the domain name in bad faith by generating click-through fees by directing users to third party websites. Thus, the panel found that the domain name had been cybersquatted.
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06/08/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent cybersquatting action, Bellagio, LLC recovered the domain name www.bellagiolimousines.com. The UDRP panel found that Bellagio had strong rights in the BELLAGIO mark and that the domain name comprised the BELLAGIO mark and the descriptive word "limousines." Moreover, the panel found bad faith where the domain name was resolving to a website that mimicked Bellagio’s marketing schematics in order to offer services similar to those offered by Bellagio. Thus, the panel transferred the domain name to Bellagio.
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06/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
Quigo Technologies, Inc. recently succeeded in a cybersquatting action to recover the domain name www.quigoblog.com. The cybersquatting panel first found that that Quigo had established rights in the QUIGO mark based on its federal registration of the mark with the USPTO. The panel then found that the respondent was not commonly known by the QUIGO name. Finally, the panel found that the respondent had used the domain name in bad faith where it resolved to a website that displayed various hyperlinks to third-party websites.
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06/02/09
Category: Domain Name News
Posted by: JeffRosenfeld
Former President, Bill Clinton, failed to recover three domain names in a cybersquatting claim: williamclinton.com, williamjclinton.com, and presidentbillclinton.com. While the UDRP panel reluctantly concluded that President Clinton had attained common law trademark rights in his name, the panel found that the respondent had not exhibited bad faith in his use of the domain names. Specifically, the panel found that even though the domain names resolved to the official Republican party website, such use was not a violation of UDRP policy. Thus, Bill Clinton's cybersquatting claims were denied.
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05/29/09
Category: Domain Name News
Posted by: JeffRosenfeld
Nike, Inc. recently succeeded in a cybersquatting action to recover the domain name www.nikeshop.com. The panel found that Nike had strong trademark rights in the NIKE mark based on its federal trademark registrations. The panel went on to find that the respondent had produced no evidence that it had any legitimate rights to the mark NIKE or NIKESHOP. Finally, the panel found bad faith when the respondent used the the domain name to display a website with links to goods and services that compete with Nike's. Thus, the panel transferred the domain name to Nike.
[more...]
05/28/09
Category: Domain Name News
Posted by: JeffRosenfeld
Jim Williams, the owner and operator of the Hurricane City website, recently recovered the domain names: hurricanecity.net, hurricanecity.org, and hurricanecity.info. The UDRP panel found that Mr. Williams had established common law trademark rights in the HURRICANE CITY mark despite the lack of a formal trademark registration. The panel further found that the domain names at issue were confusingly similar to Mr. Williams's HURRICANE CITY mark and that the domains had been used in bad faith--where they were used to mimic Mr. Williams's HurricaneCity.com website. Thus, the panel transferred the domain names to Mr. Williams.
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05/27/09
Category: Domain Name News
Posted by: JeffRosenfeld
Skyy Vodka isn't fooling around when it comes to its trademark. Skyy Vodka recently succeeded in a UDRP proceeding to recover the domain www.skyyvodkas.com. The UDRP panel found that Skyy Vodka had strong trademark rights in the SKYY VODKA mark, based on its registrations with the U.S. Patent and Trademark Office. The panel also found that the domain name in dispute was confusingly similar to the SKYY VODKA mark and that it had been used in bad faith when it was merely parked. Accordingly, the panel found that the domain name had been cybersquatted.
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05/26/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Dollywood Company recently succeeded in a cybersquatting action to recover the domain name www.dollywoodresort.com. The cybersquatting panel found that the Dollywood Company had a registered trademark for DOLLYWOOD for use in connection with its theme park services. The panel found that the domain name was confusingly similar to the DOLLYWOOD mark and had been used in bad faith where it was not used in connection with an active website. Accordingly, the panel ordered the domain name transferred to Dollywood.
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05/20/09
Category: Domain Name News
Posted by: JeffRosenfeld
Continental Airlines recently recovered the domain name www.contintentalair.com from a cybersquatter. The cybersquatting panel found that Continental Airlines had established superior interests in the CONTINENTAL trademark, for which it had a registration. The panel then found that the domain name was confusingly similar to the CONTINENTAL mark and that the respondent had used the domain name in bad faith by using it to resolve to a parked website with advertisements for Continental's competitors.
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05/06/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently found that the domain name www.emanufacturing.com had been cybersquatted. The action had been brought by E Manufacturing Co., which established that it had common law rights in the E MANUFACTURING mark, thought it did not have a federal trademark registration. The panel went on to find that the domain name at issue was confusingly similar to the E MANUFACTURING mark, and that the respondent had demonstrated bad faith where the respondent sold the domain name to E Manufacturing Co. for over $1,000 (far more than its out-of-pocket expenses).
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05/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Word of Faith International Christian Center recently lost a cybersquatting action to recover the domain name www.wordoffaith.org. The cybersquatting panel found that the complainant had not established any valid and/or senior rights in the trademark WORD OF FAITH. The complainant had not submitted any extrinsic evidence and the respondent had a valid trademark registration. Because the complainant had not established trademark rights, the panel did not examine the remaining cybersquatting factors, but denied the cybersquatting claim outright.
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05/01/09
Category: Domain Name News
Posted by: JeffRosenfeld
Sutter Homes Winery succeeded in a cybersquatting action to recover the domain name www.sutterhomewines.com. Before the disposition of the cybersquatting proceeding, the respondent, Texas International Property Associates, agreed to transfer the domain name to Sutter Homes. In light of this response from the respondent, the cybersquatting panel finalized the transfer of the domain name without reaching merits of a cybersquatting analysis.
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04/30/09
Category: Domain Name News
Posted by: JeffRosenfeld
A cybersquatting panel recently denied a cybersquatting claim to recover the domain name www.cleanenergyquotes.com brought by SBNet, Inc. The panel found that SBNet had not made a basic showing of common law rights in the CLEANENERGYQUOTES.COM where it failed to show sufficient secondary meaning related to this descriptive mark. In the absence of demonstrating rights in the trademark, SBNet's cybersquatting claim failed on its face. Additionally, the panel found that the domain name was not used in bad faith when it was used for an an internet based solar energy comparison shopping service. Thus, the panel found that no cybersquatting had occurred.
[more...]
04/28/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Hershey Chocolate & Confectionery Corporation recovered the domain name www.hersheybaking.com from a cybersquatter. The cybersquatting panel found that Hershey had strong rights in its registered trademark HERSHEY. The panel further found that the addition of the generic term baking did nothing to lessen those rights. Finally, the panel found that the domain name had been used in bad faith where it resolved to a website containing advertisements for Hershey's competitors. Accordingly, the panel found that the domain name was cybersquatted.
[more...]
04/24/09
Category: Domain Name News
Posted by: JeffRosenfeld
H-D Michigan, LLC recently succeeded in a cybersquatting action to recover the domain name www.harley-davidsonjacket.com. The cybersquatting panel found that H-D Michigan had strong and valid trademark rights in HARLEY-DAVIDSON and that the addition of the term "jacket" did not distinguish the domain name. The panel also found that the domain name had been used in bad faith where it was used to divert Internet users seeking Harley-Davidson products to a website offering counterfeit versions of these products. Accordingly, the panel found that the domain name was cybersquatted.
[more...]
04/23/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Marvel Group, Inc. successfully defended a cybersquatting action brought by Spacesaver Corp. concerning the domain name www.universalweaponracks.com. Spacesaver sells weapons racks and claims trademark rights in the word UNIVERSAL n the context of weapons racks. In response, Marvel demonstrated that a civil action involving the same domain name had been filed in the U.S. District Court for the Western District of Wisconsin. The panel thus dismissed the cybersquatting claim, finding that if a legal proceeding is initiated prior to or during an cybersquatting action, the panel has the discretion to suspend or terminate the administrative proceeding.
[more...]
04/22/09
Category: Domain Name News
Posted by: JeffRosenfeld
Lacoste S.A. recently succeeded in a cybersquatting claim to recover the domain name www.lacosteshop.com. The cybersquatting panel found that Lacoste had numerous trademark registrations to support its rights in the LACOSTE trademark. Moreover, the panel found that the domain name was confusingly similar to the LACOSTE mark. Finally, the cybersquatting panel found that the domain had been registered in bad faith where it intentionally sought to attract Internet users to the website by creating a strong possibility of confusion with the LACOSTE mark and offering links to third-party websites.
[more...]
04/20/09
Category: Domain Name News
Posted by: JeffRosenfeld
Warner Brothers recovered several cybersquatted domains, including www.warnertelevision.com, www.warnertelevison.com, www.warnerworldwide.com, www.warnercasting.com among many others. The UDRP panel recognized the inherent strength of the WARNER BROS. trademark. The panel further found that the cybersequatted domains resolved to websites that contained links for third-party websites, some of which directly competed with Warner Brothers. The panel thus found that the domains had been cybersquatted, and ordered them transferred to Warner Bros.
[more...]
04/17/09
Category: Domain Name News
Posted by: JeffRosenfeld
Victoria's Secret succeeded in a cybersquatting action to recover the domain name www.victoriasecretmodel.com. The UDRP panel found that Victoria's Secret held a U.S. trademark registration for the mark VICTORIA'S SECRET. The panel further found that the domain name was confusingly similar to this mark, and that the addition of the term "model" to did not affecting the potential confusion. Finally, the panel found that the registrant had used the domain name in bad faith to sell weight loss books and videos in such a way that users might become confused as to the affiliation with or endorsement of these products by Victoria's Secret.
[more...]
04/16/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Coca Cola Company recently succeeded in a cybersquatting action to recover the domain name www.cocacolaamatil.com. The cybersquatting panel found that the domain name was confusingly similar to the COCA COLA trademark, despite the addition of the term AMATIL. Additionally, the cybersquatting panel found that the respondent had used the domain name in bad faith where it had used it to resolve to a website designed to profit from of diverting Internet users to Complainant’s competitors in return for referral fees. Thus, the panel transferred the domain name.
[more...]
04/14/09
Category: Domain Name News
Posted by: JeffRosenfeld
EducationDynamics, LLC recently lost a cybersquatting claim to recover the domain name www.earn-your-degree.com. The cybersquatting panel found that a respondent has a right to register and use a domain name to attract Internet traffic based on the appeal of a commonly used descriptive phrase, even where the domain name is confusingly similar to the registered mark of the complainant. The panel went on to find that the respondent had provided a reasonable explanation for the registration of the domain name. Accordingly, no cybersquatting was found.
[more...]
04/09/09
Category: Domain Name News
Posted by: JeffRosenfeld
Acclaimed golfer Tiger Woods recently succeeded in a cybersquatting action to recover the domain name www.tigerwoodslifestyle.com. The panel found that Tiger Woods had a registered trademark for the TIGER WOODS mark, filed with the U.S. Patent and Trademark office, and that the registrant had no rights to the TIGER WOODS mark. Moreover, the panel found that the registrant had used the domain name in bad faith, where the registrant offered to sell the domain name to TIGER WOODS immediately after registering it. Accordingly, the panel found that the domain name had been cybersquatted and ordered it transferred.
[more...]
04/08/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent UDRP action, Travelocity.com recovered two cybersquatted domain names: www.travelocitys.com and www.traveocity.com. The panel found that Travelocity had strong trademark rights in its TRAVELOCITY trademark based on its federal registration. The panel also found that the domain names were confusingly similar to the TRAVELOCITY trademark and that the cybersquatter had used the domain names in bad faith. Specifically, the panel found that cybersquatter used the domain names to redirect Internet users to competing websites. Accordingly,the panel found that the domain names had been cybersquatted.
[more...]
04/06/09
Category: Domain Name News
Posted by: JeffRosenfeld
The 3M Company recently succeeded in a cybersquatting action to recover the domain name www.3mpromotional.com. The cybersquatting panel found that the 3M Company had strong trademark rights in the 3M mark. Moreover, the panel found that the domain name was confusingly similar to the 3M mark because 3M comprised the dominant portion of the domain name. Finally, the panel found that the domain name had been used in bad faith because the registrant had tried to sell the domain name for $9,995, which far exceeded the registration costs.
[more...]
04/02/09
Category: Domain Name News
Posted by: JeffRosenfeld
Hard Rock Cafe International, Inc. recently succeeded in recovering several cybersquatted domain names, including: www.hardrockcafelasvegas.net, www.hardrockcasinobiloxi.net, www.hardrockcasinotampa.net, and www.hardrockhotelandcasino.org. The panel found that all of these domain names had been cybersquqatted where they contained the complainant's HARD ROCK trademark. Moreover, the panel found that the respondent used the confusion caused by the similarity of the HARD ROCK mark and the disputed domain names to divert users from the complainant’s website to the respondent’s gambling website. Thus the panel ordered the transfer of the cybersquatted domains.
[more...]
03/31/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP recently denied a cybersquatting claim to recover the domain name www.scalar.com. Scalar Decisions Inc. had brought the cybersquatting action against the Scalar Consulting Group, LLC. The panel denied the claim because: a) the respondent established that it was commonly referred to by the name "scalar" and had used the trademark SCALAR: and b) the petitioner did not establish a bad faith registration of the domain name when it had been registered before the petitioner had come into existence. Accordingly, the panel denied the cybersquatting claim.
[more...]
03/26/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent cybersquatting action brought by toy model train manufacturer, Lionel, LLC, a UDRP transferred the domain name www.lionelville.com to Lionel. The panel found that the domain name was identical to Lionel's LIONELVILLE trademark, which it uses in connection with toy model trains and accessories. The panel also found that the domain name had been used in bad faith where the domain name registrant received click-through revenue by diverting Internet users to third-party websites. Accordingly, the panel found that the domain name registrant had cybersquatted the domain name.
[more...]
03/23/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.americangirlbrand.com to American Girl, LLC. The panel found that the acclaimed doll maker had long-standing and established rights int he AMERICAN GIRL trademark. The panel further found that the domain name registrant had no legitimate rights in the mark, and that the domain name was confusingly similar to the AMERICAN GIRL trademark. Finally, the panel found that the registrant had used the domain name in bad faith by engaging in the unauthorized sale of American Girl's products by diverting Internet users to a competitive website
[more...]
03/20/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain names www.junkmacar.com and www.junk-mycar.com to Junk My Car, LLC. The panel found Junk My Car had a registered trademarks for JUNK MY CAR, and that the domain names at issue were confusingly similar to this trademark. Moreover, the cybersquatting panel found that the domain name holder had used the domain names in bad faith when he/she had intentionally sought to divert Internet users to the associated website by creating a likelihood of confusion and directly competed with Junk My Car.
[more...]
03/18/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent cybersquatting action, a UDRP panel found that the domain name www.fbomb.com had been cybersquatted. Specifically, the panel found that the company, FBomb Clothing had valid trademark rights in the FBOMB mark despite the lack of a registered trademark. The panel also found that the registrant had no valid rights in the domain name and had used it in bad faith when it registered the domain name only to offer it for sale. Accordingly, the panel found that the domain name had been unlawfully cybersquatted.
[more...]
03/17/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Kohler Co. recently lost a cybersquatting proceeding to recover the domain name www.kohlersucks.com. The cybersquatting panel found that the registrant had not used the domain in bad faith or commercially. Rather, the registrant used the domain name within its free speech rights as an expression of displeasure with Kohler and as a vehicle for enabling others to do so as well. The panel also found that use of the suffix "sucks" did not create a likelihood of confusion, but rather created the impression of a complaint website unaffiliated with Kohler. Accordingly, the panel found that cybersquatting had not occurred.
[more...]
03/13/09
Category: Domain Name News
Posted by: JeffRosenfeld
The Hebrew University of Jerusalem recently brought a cybersquatting action to recover the domain name www.einsteinwebdesign.com. The panel agreed with the University. It found that the University had valid rights in the EINSTEIN trademark for computer services. It further found that the respondent had failed to provide any explanation for its use of the EINSTEIN mark in thedomain name. Finally, the panel found that the registrant exhibited bad faith use when she should have known about the EINSTEIN mark but used it in connection with closely related services.
[more...]
03/11/09
Category: Domain Name News
Posted by: JeffRosenfeld
Google recently recovered the domain name www.googl.com in a cybersquatting action. The arbitration panel found that the domain name was confusingly similar to the GOOGLE trademark, as it comprised a common misspelling of the GOOGLE trademark. The panel also found that the the registrant had no legitimate rights in the domain name and had used the domain name in bad faith to operate a website that competed with Google. Accordingly, the panel found that the domain name had been cyberquatted.
[more...]
03/09/09
Category: Domain Name News
Posted by: JeffRosenfeld
Google recently succeeded in a cybersquatting action to recover the domain name www.googlegameroom.com. The panel found that the respondent had violated the relevant cybersquatting laws because the domain name was confusingly similar to the GOOGLE mark where the mark covered a range of services. The panel also found bad faith by the respondent when he had used the domain name to offer users adult-oriented games and videos.
[more...]
03/02/09
Category: Domain Name News
Posted by: JeffRosenfeld
A cybersquatting law panel recently ordered the transfer of the domain name www.buyvalium.us to Roch Products, Inc. Roche claimed that the domain name was cybersquatted because it infringed on its registered VALIUM trademark. The cybersquatting law panel agreed. The panel also agreed that the registrant had used the domain name in bad faith when it had used it to operate a website in direct competition with Roche Products, namely to sell Valium.
[more...]
02/27/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently denied a cybersquatting claim for the domain www.peaches.com. The complainant argued that it had a registered trademark for use in connection with uniforms, and that a cybersquatter had unlawfully registered the domain name. The panel found that no cybersquatting had occurred, where the alleged cybersquatter had registered the domain name years before the complainant had first used its PEACHES mark. Accordingly, the panel denied the cybersquatting claim.
[more...]
02/25/09
Category: Domain Name News
Posted by: JeffRosenfeld
Microsoft recently succeeded in a cybersquatting action to recover the domain name www.microsoftword.us. Microsoft has a history of aggressively enforcing its trademarks in the online context, particularly through cybersquatting lawsuits. The panel found that the domain name was confusingly similar to the MICROSOFT and MICROSOFT WORD trademarks, and that the registrant had used the trademark in bad faith where he was not using the domain name. Accordingly, the panel found that Microsoft had established its cybersquatting action and transferred the domain name.
[more...]
02/20/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent cybersquatting action, the domain names www.sexandthecityworkout.com and www.skinnbysaturday.com were awarded to Time Warner. Time Warner owns both the widely known marks, SEX AND THE CITY and SKINNY BY SATURDAY, which were found to be confusingly similar to the domain names in question. Respondent Fit Happens featured links to third-party websites on the disputed domain, earning click-through fees by diverting Internet users. The UDRP panel found the domains to be used in bad faith and settled the lawsuit by transferring the domain to Time Warner.
[more...]
02/18/09
Category: Domain Name News
Posted by: JeffRosenfeld
Invoking domain name law, Choice Hotels International recently recovered the domain name www.sleep-inn-orlando.com from a cybersquatter. The UDRP panel found that the domain name was confusingly similar to Choice Hotels' SLEEP IN trademark, where the only difference was the addition of the generic geographic descriptor ORLANDO. The panel also found bad faith use of the domain name where the registrant had used the confusingly similar domain name to commercially benefit by creating a likelihood of confusion between the disputed domain name and Choice Hotels' registered mark.
[more...]
02/12/09
Category: Domain Name News
Posted by: JeffRosenfeld
Snagajob.com, the job and career website, recently brought a cybersquatting lawsuit to recover the domain name www.jobsnagger.com. The UDRP panel found that the domain name was confusingly similar to the SNAGAJOB.COM trademark, which was regsitered with the U.S. Patent & Trademark Office. The panel also found that McLeod had used the domain name in bad faith by using it to compete with Snagajob.com by offering competing job listing hyperlinks. Accordingly, the panel transferred the domain name.
[more...]
02/09/09
Category: Domain Name News
Posted by: JeffRosenfeld
Lumber Liquidators recently succeeded in a cybersquatting lawsuit against an anonymous cybersquatter to recover the domain name www.lumberliquidator.com. The cybersquatting panel found that Lumber Liquidators had established its valid trademark rights in the mark LUMBER LIQUIDATOR, and that the cybersquatter had no valid rights in this mark. The panel also found that the cybersquatter had used the LUMBER LIQUIDATOR mark in bad faith by diverting users to an associated website that displayed links to websites that competed with Lumber Liquidators.
[more...]
02/05/09
Category: Domain Name News
Posted by: JeffRosenfeld
Expedia, Inc., the travel-oriented website service, recently succeeded in an anti cybersquatting action to recover the domain names www.expefdia.com and expedia-search.com from a cybersqutter. The UDRP panel found that the domain names were confusingly similar to the EXPEDIA trademark, and that the respondent had used the domain names in bad faith, by linking them to websites that competed with Expedia.
[more...]
02/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
The California Farm Bureau Federation owns and uses the trademark CALIFORNIA COUNTRY in connection with a newspaper dealing with agriculture activities and farming products. The Bureau brought a cybersquatting action to recover the domain name www.Californiacountry.com from a designer, Steven Sokol. However, the panel found that Sokol had bona fide rights in the CALIFORNIA COUNTRY mark where he had consistently referred to his style of decorating as "California Country" since 1984. Accordingly, the claim was denied.
[more...]
01/30/09
Category: Domain Name News
Posted by: JeffRosenfeld
Liz Claiborne and Juicy Couture recently succeeded in a cybersquatting action to recover the domain name juicy-couture-land.com. The UDRP panel found that the domain name name was confusingly similar to the JUICY COUTURE trademark with merely the addition of the generic term "land." The panel also found that the domain name had been used in bad faith where it had been used to offer JUICY COUTURE clothing without a license or agreement.
[more...]
01/26/09
Category: Domain Name News
Posted by: JeffRosenfeld
In a recent cybersquatting action, the National Arbitration Forum awarded the disputed domains, www.wellsfargoinvestment- bank.com and www.wellsfargobanks.net, to Complainant Wells Fargo & Company. Wells Fargo is known internationally as a financial services provider, and its trademark has been registered and used for almost 45 years. The disputed domain fully contained the WELLS FARGO mark, making it confusingly similar. The respondent had used the domain name to redirect visitors to a website containing advertisements to the websites of Wells Fargo’s competitors.
[more...]
01/20/09
Category: Domain Name News
Posted by: JeffRosenfeld
The domain name www.hardrockwinery.com transferred from Ryhan Estate Vineyards to Hard Rock Café International, Inc. in a recent cybersquatting action. Complainant Hard Rock Café has used the HARD ROCK mark since 1978, and since then has expanded its franchise to include a series of related trademarks; examples include: Hard Rock Café, Hard Rock Casino, and Hard Rock Live. The HARD ROCK mark is fully contained in the disputed domain, making the domain confusingly similar to the mark and all the goodwill associated with it. In correspondence between the two parties, Ryhan Estate admitted that they lacked legitimate rights and interests. Even still they tried to sell the domain name for the excessive sum of $27,000, demonstrating their bad faith registration and use of the domain. Other than the transfer of the domain, respondent paid no penalties for its acts.
[more...]
01/15/09
Category: Domain Name News
Posted by: JeffRosenfeld
Tropicana Products, a division of Pepsi, recently succeeded in a UDRP proceeding to recover the domain name tropicanafield.com. The UDRP panel found that the domain name was confusingly similar to Pepsi's Tropicana mark and used in bad faith despite others' use of similar marks on various products and services. These cases mark a trend by large companies to use domain name law to recover a large swath of potentially confusing domain names.
[more...]
01/13/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently found that the domain name asiandatingdirect.com violated relevant domain name laws. Specifically, the panel found that the domain name was identical to the complainant's DATINGDIRECT trademark, except for the addition of the prefix “asian." The panel went on to find that the addition of a common geographic, cultural, or racial prefix, such as “asian,” was insufficient to distinguish a domain name from an established mark.
[more...]
01/08/09
Category: Domain Name News
Posted by: JeffRosenfeld
Mattel, Inc. recently succeeded in a cybersquatting case before a UDRP panel. Mattel frequently takes advantage of domain name law to protect its valuable BARBIE trademark. In this case, Mattel sought to recover the domain name www.barbie-model.net. The UDRP panel found that the respondent's use of the domain name to display adult-oriented materials and lto ink to others' websites demonstrated bad faith, as required under cybersquatting laws.
[more...]
01/07/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP recently ordered the transfer of the domain name www.stormy-daniels.net to Stormy Entertainment, Inc. The panel found that the domain name was confusingly similar to the STORMY DANIELS trademark owned by Stormy Entertainment, and registered with the U.S. Patent and Trademark Office for use in connection with adult and mainstream films. The panel also found the Gelard had used the domain in bad faith by receiving click-through fees for diverting users to third-party websites.
[more...]
01/04/09
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.searsrewards.com to Sears Brands, LLC. The disputed domain was found to be confusingly similar to the SEARS mark owned by the Complainant. Respondent, Zx Domains, failed to reply, and thus could not claim any rights or legitimate interests in the domain name. Since the domain name resolved to a website with advertisements and links to Sears competitors, the panel found the registration and use of the domain to be in bad faith.
[more...]
12/30/08
Category: Domain Name News
Posted by: JeffRosenfeld
Based on the strength of Fair Isaac Corp's FICO trademark, A UDRP panel recently transferred the domain name to Fair Isaac. The panel found that Fair Isaac had strong trademark rights in the FICO mark, and that the addition of generic terms "low" and "home loans" did not remedy the likelihood of confusion. The Panel also found that the respondent had intentionally attempted to attract Internet users by creating a likelihood of confusion.
[more...]
12/23/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.googlesurveys.com, to Google Inc. The disputed domain contained the GOOGLE mark, making the domain name nearly identical and confusingly similar to Google's mark. Respondent Texas International Property Associates had no rights or legitimate interests in the domain and had registered the domain in bad faith, knowing the worth of the GOOGLE name. As such, Respondent willfully agreed to the transfer of the domain name.
[more...]
12/17/08
Category: Domain Name News
Posted by: JeffRosenfeld
Luxury designer company, Louis Vuitton Malletier SA, recently filed a complaint with a UDRP panel against Thomas Vuitton over the domain name www.thomasvuitton.com. The disputed domain contained the full VUITTON mark, owned by the designer company. A UDRP panel found that the domain name was confusingly similar to the VUITTON mark. Moreover, the domain resolved to a website that offered goods in direct competition with Louis Vuitton. That being so, the panel found the registration and use of the domain to be in bad faith. With all three parts of the ICANN Policy fulfilled, the panel transferred the domain name to the Complainant.
[more...]
12/16/08
Category: Domain Name News
Posted by: JeffRosenfeld
Applying relevant domain law, A UDRP recently ordered the transfer of the domain name www.artfuldodger.com to Artful Holdings, LLC. The panel found that the domain name was confusingly similar to the THE ARTFUL DODGER trademark, which Artful Holdings has used in connection with its clothing sales. The panel also found that the respondent had used the domain name in bad faith when it had been named as a respondent in previous UDRP proceedings, and had used the domain name to redirect traffic to competitors' websites.
[more...]
12/15/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.indianamills.com to the Indiana Mills & Manufacturing Company. The panel found that the domain name was confusingly similar to the INDIANA MILLS trademark, for which the complainant had received several trademark registrations for throughout the world. The panel also found that the respondent had acted in bad faith when it had used the domain name to operate a website that displayed, "This domain is for Sale! $2,500. Send an e-mail to kvh@asps.com if interested."
[more...]
12/14/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered Wan-Fu China to transfer the domain name www.advantahomes.com to Advanta Corp. The panel found that Wan-Fu China had cybersquatted the domain name, which was confusingly similar to the registered ADVANTA trademark. The panel also found that Wan-Fu China had acted in bad faith by using the domain name to re-direct traffic to competitive and unrelated websites.
[more...]
12/11/08
Category: Domain Name News
Posted by: JeffRosenfeld
Ashley Furniture Industries, Inc. was recently awarded the domain name www.ashleyhomestores.org by a UDRP panel under relevant domain dame law. The panel found that the disputed domain was identical to the mark ASHLEY HOMESTORES, which is owned by Ashley Furniture. The Respondent had failed to use the domain name or respond to the complaint. Thus, the UDRP panel found that the Respondent lacked rights or legitimate interests to the disputed domain and had registered and used the domain in bad faith.
[more...]
12/09/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.stjohnwholesale.com to Saint John Knits, Inc. The panel found that the domain name was confusingly similar to the ST. JOHN mark registered with the U.S. PTO. The panel also found that the respondent had used the domain name in bad faith because respondent attempted to profit by creating a likelihood of confusion between itself and St. John Knits.
[more...]
12/04/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently transferred the domain name www.youngsamsung.us to Samsung Network Inc., a subsidiary of the Samsung Group. The panel found the domain name was identical to the SAMSUNG and YOUNG SAMSUNG marks owned by the Samsung Group. The respondent used the domain name to post defamatory articles about Samsung, confusing potential customers and hindering business. Thus, the panel found bad faith by the registrant and ordered a transfer.
[more...]
12/04/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.citilend.com to Citigroup. The panel found that the domain name was confusingly similar to the CITI mark combined with the term "lend," which would be a natural association with Citigroup's services. While the respondent argued that it was not aware of the CITI mark when it registered the domain name, the panel found a bad faith impact, stating there is a presumption of bad faith when the respondent should have been aware of the trademark at issue.
[more...]
12/01/08
Category: Domain Name News
Posted by: JeffRosenfeld
VeriFone recently recovered the domain name www.veriphone.com in a UDRP proceeding, alleging violations of cybersquatting law. The UDRP panel found that the domain violating cyber squatting laws because it was confusingly similar to the VERIFONE trademark, and that the registrant had used the domain name in bad faith by directing Internet users to competing websites.
[more...]
12/01/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.aarpmedicareplans.com to the American Association of Retired Persons. The panel found that the domain name contained the AARP trademark along with the phrase "medicare plans," which could aptly describe AARP’s offering of insurance products. Bad faith existed because the domain name was used for a landing page with commercial links.
[more...]
11/25/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name, boyscout.org to the Boy Scouts of America. The panel found that the domain name was confusingly similar to the BOY SCOUTS trademark, and that the respondent had used the domain name in bad faith by providing links to competitive or related services.
[more...]
11/24/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name exxonmobilecard.com to the Exxon Mobil corporation. The panel found that the domain name was confusingly similar to the EXXONMOBIL trademark, and that the registrant had used the domain name in bad faith by offering a website with links to Exxon's competitors.
[more...]
11/19/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name bankofamericahomeequityloans.com to Bank of America Corporation. The panel found that the domain name was confusingly similar to the BANK OF AMERICA trademark, and that the respondent had used the domain name in bad faith by diverting potential customers of Bank of America to its competitors. Thus, a transfer was ordered.
[more...]
11/18/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name kodakelectronics.com to the Eastman Kodak Company. The panel found that the term KODAK was identical to Eastman Kodak's trademark, and that the term ELECTRONIC described one of Eastman Kodak's business lines. The panel also found bad faith by the registrant where the it used the domain name to offer competitive goods and services.
[more...]
11/15/08
Category: Domain Name News
Posted by: JeffRosenfeld
The Coalition Against Domain Name Abuse (CADNA) recently sponsored its eighth forum, which addressed "Online Brand Abuses and Internet Governance." The forum presented expert analysis of both prophylactic and preventative measures for fighting against cybersquatting and protecting brands on the Internet.
[more...]
11/14/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP Panel recently transferred the domain texaslonghornsfootball.com from a private registrant to the Board of Regents, The University of Texas System. The Panel found the domain name to be confusingly similar to the University’s TEXAS and LONGHORNS marks, and used in bad faith. The Respondent received click-through fees on the website by directing football fans to third-party ticket sellers.
[more...]
11/10/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name www.statefarmvanlines.com to the insurance giant, State Farm. The panel found that the domain name was confusingly similar to the STATE FARM trademark, and that the registrant had used the domain name in bad faith by offering links to third party competitive websites.
[more...]
10/31/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name kapaluacondos.com from Orbiculate.com to the Kapalua Land Company, Ltd. The panel found the domain to be confusingly similar to the KAPALUA mark and used in bad faith. Orbiculate.com had created a website using the domain to generate income through sponsored links.
[more...]
10/24/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered thetransfer of fifteen domain names to Reed Elsevier Inc., a company known for its various research and information services. The disputed domain names include various combinations of Reed Elsevier Inc.’s trademark, LEXIS, with words related to their business services, such as “research” and “law.” The panel found the domains to be confusingly similar to the LEXIS mark and used in bad faith.
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10/17/08
Category: Domain Name News
Posted by: JeffRosenfeld
Yahoo! recently filed a UDRP complaint against BridgePort Enterprises Ltd. regarding the domain name askyahoo.com. BridgePort had used the domain name to offer services similar to, and in competition with, Yahoo’s services. A URDP panel found the domain name to be confusingly similar to Yahoo’s mark and transferred the domain to Yahoo!
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10/13/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP Panel recently ordered that the domain name, , be transferred from Seo domains to DatingDirect.com Limited. The complainant, DatingDirect.com, claimed that the domain was confusingly similar to its trademark, DATING DIRECT, and that Seo domains had no rights or legitimate interests in the domain.
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10/03/08
Category: Domain Name News
Posted by: JeffRosenfeld
In a domain dispute between Complainant, Toshiba Corporation, and Respondents, James Valedshi and Serified Systems, the UDRP panel found found the domain names, and , to be confusingly similar to the TOSHIBA trademark. The UDRP Panel also found the Respondent’s registration and use of the trademark was in bad faith, and transferred the domain names to the Complainant.
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09/26/08
Category: Domain Name News
Posted by: JeffRosenfeld
After 3M Corp. filed a complaint that the domain name was confusingly similar to its 30-year old POST-IT trademark, the Respondent willingly accepted the transfer. The UDRP panel found no reason to deny the request of the Complainant, and granted the transfer of the disputed domain from Nameking.com to 3M Corporation.
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09/17/08
Category: Domain Name News
Posted by: JeffRosenfeld
Harrah’s License Company, LLC, a subsidiary of the famous casino mogul, Harrah’s Operating Company, Inc., submitted a complaint against Chad Nordaune regarding the domain name, < wsoppromos.com> for its association with their annual event, the World Series of Poker. After reviewing the pleadings, the panel found the domain name confusingly similar to Harrah's mark and ordered it transferred.
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09/14/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel has recently transferred the domain name from Jennifer Frisby to Patrick Dempsey and TDS Productions, Inc. The domain name was found to be confusingly similar to the PATRICK DEMPSEY mark associated with the actor. The panel also found evidence of the respondent’s bad faith after she admitted to targeting the PATRIC DEMPSEY MARK, using the domain name as a fan site with commercial dimensions.
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08/25/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently ordered the transfer of the domain name, to Sony Corporation. The panel found that the respondent had engaged in bad faith by registering a domain name that was confusingly similar to the SONY PICTURES trademark and by putting sponsored links on a website resolving to that domain.
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08/19/08
Category: Domain Name News
Posted by: JeffRosenfeld
A UDRP panel recently found that the domain name DoubleTreeResort.com was confusingly similar to the the DOUBLETREE trademark used in connection with hotel and resort services. The panel also found that the use of the DoubleTreeResort.com domain name to offer links to third-party websites in competition with Complainant evidenced bad faith. Accordingly a transfer was ordered.
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08/14/08
Category: Domain Name News
Posted by: JeffRosenfeld
Hershey Chocolate & Confectionery Corporation recently succeeded in recovering the domain name www.MilkDuds.com. The respondent argued that the MilkDuds.com website sold clothes relating to milk products: hence the terms, milk & duds. The UDRP panel rejected this argument, and found that the www.MilkDuds.com website sought to divert traffic from Hershey's website. Accordingly a transfer was ordered.
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08/06/08
Category: Domain Name News
Posted by: JeffRosenfeld
The estate of C.S. Lewis recovered the domain name Narnia.mobi, as ordered by a UDRP panel. The cybersquatter argued that the domain was registered for personal use and therefore not in bad faith. The UDRP panel rejected this argument, finding that the respondents had a pattern and practice of registering domain names based on others' trademarks.
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07/24/08
Category: Domain Name News
Posted by: JeffRosenfeld
Former welterweight champion boxer Floyd Mayweather, Jr., a.k.a. “Money Mayweather,” has won a domain name dispute for MoneyMayweather.com. Despite a lack of a registered trademark, the UDRP panel found that Mayweather had common law rights to his nickname.
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07/21/08
Category: Domain Name News
Posted by: JeffRosenfeld
The domain name REVOLUTION.ORG recently sold for $120,000. This is the fourth largest reported sum for a .ORG domain name. The only .ORG domain names reported to have sold for more are DATE.ORG, SEXE.ORG, and ENGINEERING.ORG.
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07/14/08
Category: Domain Name News
Posted by: JeffRosenfeld
A National Arbitration Forum UDRP panel agreed with Yahoo! and found that the domain name WWW.YAHOOYELLOWPAGES.COM was cybersquatted. The fact that the domain name did not resolve to an active website did not dissuade the panel from finding a presence of bad faith. The panel ordered the domain name to be transferred to Yahoo!
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07/09/08
Category: Domain Name News
Posted by: JeffRosenfeld
On June 26, 2008, ICANN voted to allow essentially all new Top Level Domains of 64 characters or less. Top Level Domains had previously been restricted to .com, .org, .biz, and the like. Observers fear that this decision could burden businesses with the obligation to register their trademarks at an infinite number of websites to ward off potential cybersquatters.
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06/25/08
Category: Domain Name News
Posted by: JeffRosenfeld
Jimmy Buffet and his associated companies filed a UDRP complaint against CheeseburgersInParadise.com, a cybersquatted domain name similar to the name of Buffet’s restaurant chain “Cheeseburger (singular) In Paradise”.
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06/18/08
Category: Domain Name News
Posted by: JeffRosenfeld
Facebook won the domain FACEBOOK.COM.AU from from Callverse Pty Ltd, an Australian company that was advertising an upcoming “click to call service." at this domain name .AU is the country code for Australia and such domains are not freely salable on the aftermarket, as registration is limited to Australian companies and individuals. The World Intellectual Property Organization (WIPO) decision was made by three-person panel and will be published in due course.
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06/12/08
Category: Domain Name News
Posted by: JeffRosenfeld
Conservative talk show host and celebrity Tucker Carlson recently recovered the domain name TUCKERCARLSON.COM from a cybersquatter. Prior to this action, the domain resolved to a parked website with sponsored links.
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05/29/08
Category: Domain Name News
Posted by: JeffRosenfeld
In this case, Anu Enterprises, a real estate management services company, sought to recover the domain name ANU.COM, which it contended DomainRegistry.com had cybersquatted. The UDRP panel rejected Anu Enterprises' claim, finding that DomainRegistry.com had registered the domain name in 1999, well before Anu Enterprises could establish any common law or federal trademark rights to the domain.
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05/27/08
Category: Domain Name News
Posted by: JeffRosenfeld
David Kesmodel's book, The Domain Game, which discusses domain investing and explains how the domain market works. was released recently. The Domain Game features stories of famous domainers who have made fortunes through their investments. The book also chronicles the troubles that arise when these domainers obtain domains containing trademarks.
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05/21/08
Category: Domain Name News
Posted by: JeffRosenfeld
ICANN sent a notice of breach to one of its accredited domain name registrars, Red Register, Inc. The notice of breach was based on Red Register’s failure to comply with the UDRP, and specifically, Red Register's failure to notify relevant parties and implement the UDRP decisions. In its notice, ICANN requested that Red Register cure the cited breaches within 15 days.
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05/16/08
Category: Domain Name News
Posted by: JeffRosenfeld
Baylor University, a Christian school in Waco, Texas, has filed a UDRP arbitration to recover the domain name www.Baylor.com. Baylor University's official web address is www.Baylor.edu. The website currently resolving to www.Baylor.com is parked and displays sponsored links.
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05/12/08
Category: Domain Name News
Posted by: JeffRosenfeld
On May 12, 2008, a National Arbitration Forum panel found that the domain name Kimkardashian.com was being cybersquatted. The panel found that the domain name was identical to the registered trademark KIM KARDASHIAN, owned by the television actress and model of the same name. The panel found the registrant had acted in bad faith and had no legitimate rights to the domain name.
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05/06/08
Category: Domain Name News
Posted by: JeffRosenfeld
A National Arbitration Forum panel recently ruled that Microsoft was entitled to reclaim the domain name Microsoftt.org from a cybersquatter. The panel found that Microsoftt.org was confusingly similar to the MICROSOFT trademark, and that the registrant had used the domain name in bad faith by displaying links to competitors' websites. Accordingly, a transfer was ordered.
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04/28/08
Category: Domain Name News
Posted by: mindfire
Jerry Seinfeld filed a UDRP arbitration to recover the domain name JerrySeinfeld.com from a cybersquatter on April 22, 2008. While the website that currently resolves to JerrySeinfeld.com is ostensibly a fan website, all of the links on the website take users to unrelated advertisements. Seinfeld is one of a growing number of celebrities who is seeking to recover domain names from cybersquatters.
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04/25/08
Category: Domain Name News
Posted by: mindfire
On April 25, 2008, a National Arbitration Forum panel found that the State Farm Insurance Co. had successfully shown that the respondent had registered the domain name Ststefarm.com in bad faith to trade off State Farm's trademark. The panelist found that the respondent had no rights in the STATE FARM trademark and the this trademark was confusingly similar to the domain name Ststefarm.com.
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04/21/08
Category: Domain Name News
Posted by: mindfire
On April 3, 2008, a National Arbitration Forum panel issued a split decision regarding several domain names using trademarks of Sears. As to the domain names craftsmanclub.com and shopkmart.com, the panel found that Sears had failed to submit evidence that CRAFTSMAN and KMART marks were protected marks. Accordingly, the panel found that thes domain names were to remain with the registrant.
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04/18/08
Category: Domain Name News
Posted by: mindfire
On April 17, 2007 the domain name Dollars.com sold at public auction for approximately $785,000. This high-profile domain sale comes on the heels of the sale of Pizza.com for millions, reflecting the ongoing investment in prized domain names.
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04/16/08
Category: Domain Name News
Posted by: mindfire
The Northern District of Illinois recently held that Google, Sedo, Dotster, and other companies must remain as defendants in a lawsuit that alleges that they have violated the Anti-cybersquatting Consumer Protection Act ("ACPA"). While traditionally reserved for lawsuits against the registrant of domain names, the court found that ACPA could theoretically cover parking and advertising companies such as Google, Sedo, and others that traffic in and monetize the use of domain names.
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04/14/08
Category: Domain Name News
Posted by: mindfire
On April 7, 2008, a World Intellectual Property Organization panel found that the domain name SimonAndShuster.com was being cybersquatted. The registrant had used the domain name to promote businesses in competition with Simon and Schuster. The panel found that the domain name was confusingly similar to the SIMON AND SCHUSTER trademark, and that the registrant had taken advantage of this confusing similarity for commercial gain. Accordingly, a transfer was ordered.
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04/08/08
Category: Domain Name News
Posted by: mindfire
Chris Clark, of North Potomac, Maryland, recently sold the domain name Pizza.com for $2.6 million to an anonymous buyer. Mr. Clark, who acquired the domain in 1994 was inspired to sell the domain name after he learned that the domain name Vodka.com had sold for $3 million.
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04/04/08
Category: Domain Name News
Posted by: mindfire
The World Intellectual Property Organization (WIPO) reported an an unprecedented number of cybersquatting cases in 2007. WIPO expressed concern that the increase in cybersquatting was a result of the evolving nature of the domain name registration system (DNS). In 2007, WIPO resolved over 2000 cybersquatting cases, representing an 18% increase over 2006 and a 48% over 2005.
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03/14/08
Category: Domain Name News
Posted by: kkronenb
On March 12, 2008 the informational website, Cybersquatting.com was launched to significant industry acclaim. Cybersquatting.com provides trademark holders, domainers, and anybody else interested in Internet commerce and governance with an overview of anti-cybersquatting law. Cybersquatting.com addresses both the legal and practical implications of going after a cybersquatter.
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03/13/08
Category: Domain Name News
Posted by: kkronenb
On March 13, 2008, a National Arbitration Forum panel found that the domain name shuttterfly.com was being cybersquatted. The registrant had used the domain name to display both competing and unrelated links to third-party websites. The panel found that the domain name was confusingly similar to the SHUTTERFLY trademark, and that the registrant had taken advantage of this confusing similarity for commercial gain. Accordingly, a transfer was ordered.
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02/15/08
Category: Domain Name News
Posted by: kkronenb
On February 13, 2008, a National Arbitration Forum panel found that the domain name yahootrips.com was being cybersquatted. The panel found that the domain name was confusingly similar to the YAHOO! trademark, and the panel stated that the deletion of the exclamation point from the domain name was irrelevant because exclamation points are not valid domain characters. The panel also found that the registrant had acted in bad faith and has no legitimate rights because the domain name did not lead to an active website.
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