Them’s fightin’ words! Well this is getting interesting. Earlier this month a Texas court ordered ICANN to stay a UDRP case for FunnyGames.com. ICANN responded by saying that it had no authority to stay a UDRP proceeding and that the court had no jurisdiction to order it to do so. The court disagreed
An interesting case from a Texas court.
Company files dispute for UDRP in bad faith. Frank Schilling, with the help of attorney John Berryhill, has convinced a UDRP panel that AINS, INC is guilty of reverse domain name hijacking in a dispute over eCase.com. AINS, Inc has a trademark for “ecase” for its software for workflow and case management. It claimed a first use in commerce date of 2009 on its trademark application. Schilling acquired the domain name eCase.com in 2002, so the case had no chance of succeeding.
A rare case over .do domain names. eBay has filed a complaint with World Intellectual Property Organization for four domain names that use the Dominican Republic top level domain .do
If variety is the spice of life the past week was a very spicy one for the domain aftermarket as seven different TLDs earned places on our all extension Top 20 Sales Chart. As is usually the case, the top spot went to a .com with this week’s leader weighing in at $90,000, but the ccTLDs were also a force to be reckoned with.
Owner of domain names agrees to give domain names to Apple after company filed complaint. Apple is now the proud owner of iphonesex4s.com and six other (mostly) explicit domain names
Panelist finds it odd that Name.com makes domain registrant responsible for its own “coming soon” pages.
Ruling on appeal gives victory to Tucows, expands scope of domain names as property. The Court of Appeal for Ontario has ruled in favor of Tucows on its appeal over a domain name dispute, setting a precedent for domain name registrants that their domain names are property. In 2009, Brazilian company Lojas Renner S.A. (a subsidiary of JC Penney) filed a UDRP against Tucows for the domain name Renner.com
Company files dispute to get OURWalmart. com domain name. [UPDATE: The original story said the case was against OURWalmart.com.
Massive Twitter.com typo case terminated, then refiled. An arbitration case at World Intellectual Property forum over the domain name Twiter.com has been terminated, only for the company to file a second case. Cases are typically terminated when the domain owner agrees to hand the domain name over to the complainant. In this case it appears the case may have been terminated and then refiled after the domain name registrar disclosed the owner of the domain name. The Whois record for Twiter.com at the existing registrar (Power Brand Center) shows the owner as Panamanian company Geigo, Inc.
Cahn adds allegations and drops one claim.
Champagne.co becomes first .co domain name case won by respondent. A complainant has finally lost a UDRP case for a .co domain name
Seller of white iPhones sued. Apple has sued the owner of WhiteiPhone4Now.com (as well as the domain name itself), but then filed to dismiss the case on the same day ( pdf )
ICANN threatens EuroDNS if it fails to transfer domain name to Facebook. ICANN has sent a Notice of Breach ( pdf ) to popular European domain name registrar EuroDNS for its failure to transfer a client domain name after an adverse UDRP decision. In September 2010 a EuroDNS client lost a UDRP for Facebok.com (with one ‘o’), which is certainly a common typo for the popular social network. As of today the domain name is still in the client’s hands.
Two cases show why we need UDRP reform. National Arbitration Forum has handed down two recent domain name decisions that show what’s wrong with UDRP. This isn’t an attack on National Arbitration Forum, as its panelists got both of these cases right
France – The real Tour de France started ahead of schedule this year, even before the Alps. The first week was mentally draining and physically dangerous, which is only rarely the case. But two weeks in, the status quo prevails. Save for the assumption, made..
Political group trying to retroactively create and protect brand. One of the many “Tea Party” political groups, Tea Party Patriots, is running into some problems doing retroactive brand management. Tea Party Patriots, Inc. has filed three UDRP domain dispute cases, and only won one of them. The first case was for six domain names including teapartypatriotspac.org.
Court of Appeals denies VeriSign’s motion, setting up a potential trial over the company’s .com monopoly. One year after a big legal setback, VeriSign has been setback again by the same court. Today the 9th Circuit Court of Appeals denied ( pdf ) VeriSign’s motion for a rehearing of its case with Coalition for ICANN Transparency, and the court amended the opinion it released last year on the matter. The background: Coalition for ICANN Transparency (CFIT) sued VeriSign for its no-bid contract with ICANN, among other things.