The recent National Arbitration Forum Claim Number: FA2404002092749 decision to transfer the domain name to PNC Financial Services Group has raised eyebrows among domain name legal experts. While the panelist concluded bad faith registration and use by the respondent domain investor, the reasoning behind this finding appears flawed and overreaching in several respects. The domain… Continue reading Questionable Reasoning in brilliantlyboring.com UDRP Decision Highlights Overreach
Analysis of the WHOLESALESUITE.COM UDRP Decision
The recent WIPO UDRP decision on the domain provides some important lessons for trademark owners filing cybersquatting complaints. The Panel correctly found that the domain name was not registered in bad faith and that the complaint should not have been brought. Wrongly Found that Trademarks Identical or Confusingly Similar to wholesalesuite.com The Panel incorrectly found… Continue reading Analysis of the WHOLESALESUITE.COM UDRP Decision
wholesalesuite.com UDRP Decisions
ADR Forum Claim Number: FA2402002084506 Rymera Web Co Pty Ltd v. Brian Harris wholesalesuite.com UDRP Decision Summary The complainant, Rymera Web Co, owns US trademark registrations for WHOLESALE SUITE for software related to e-commerce websites. The disputed domain name was <wholesalesuite.com>. The panel found the domain name identical to the complainant’s trademark. However, the panel denied the… Continue reading wholesalesuite.com UDRP Decisions
Shame on Toros Tarim and Their Lawyers for Misleading UDRP Over toros.com
In the recent toros.com UDRP case, the complainant Toros Tarim Sanayi ve Ticaret Anonim Sirketi and their legal counsel crossed several ethical lines that deserve to be called out by the domain industry. First, Toros Tarim’s lawyers blatantly misled the WIPO panel by claiming the respondent Rosa Maria Vicente Casado had offered to sell toros.com… Continue reading Shame on Toros Tarim and Their Lawyers for Misleading UDRP Over toros.com
A Fair and Reasoned Decision in the Stevie Ray Vaughan Domain Dispute
The recent decision by Panelist Gerald M. Levine in the National Arbitration Forum case over the domain stevierayvaughan.com showcases an admirable balance and perspective in analyzing a trademark dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP). At the heart of the case was whether the respondent, Maxory LLC, had registered and was using… Continue reading A Fair and Reasoned Decision in the Stevie Ray Vaughan Domain Dispute
The Curious Case of Elkeem.com – When Trademark Overreach Goes Too Far
In a recent UDRP decision, aPanel ordered the transfer of the elkeem.com domain from its registrant to the complainant Elkem ASA, a Norwegian company. However, this decision appears to be a case of trademark overreach that went too far. First, let’s look at the domain name itself – elkeem.com. This is based on the Arabic… Continue reading The Curious Case of Elkeem.com – When Trademark Overreach Goes Too Far
Harmonizing Trademarks and Domain Names: The Battle Over cello.com
Summary of the key points from Storey v. Cello Holdings, L.L.C: In summary, the appeals court overturned the district court’s judgment and sanctions order, finding Cello was not necessarily barred from bringing its ACPA claim. Subject Matter Jurisdiction over domain names under the ACPA The court found it had federal subject matter jurisdiction under 28… Continue reading Harmonizing Trademarks and Domain Names: The Battle Over cello.com
WIPO Panel Decisions Not the Final Say: Federal Courts Step In to Protect Corinthians.com
Court Decision Analysis and Summary Case Summary: Sallen v Corinthians Licenciamentos LTDA, 273 F3d 14 [1st Cir 2001] Facts: Legal Issue: Court’s Decision: Sallen v Corinthians Licenciamentos LTDA, 273 F3d 14 [1st Cir 2001] United States Court of Appeals, First CircuitDec 5, 2001 No. 01-1197. Heard October 4, 2001. Decided December 5, 2001. Appeal from the… Continue reading WIPO Panel Decisions Not the Final Say: Federal Courts Step In to Protect Corinthians.com
UDRP Panel Shows Wisdom in Denying Refiled Complaint re: HotelBalzac.com
A recent UDRP decision denied a refiled complaint, despite clear evidence of bad faith use, because the original registration was deemed legitimate. This restraint and nuanced analysis show the thoughtfulness the UDRP process can achieve at its best. The case involved two domains – amarantecannes.com and hotelbalzac.com – registered by Paulo Ferreira back when his… Continue reading UDRP Panel Shows Wisdom in Denying Refiled Complaint re: HotelBalzac.com
The World of Wizarding Decision: A Spellbinding Mistake
The recent UDRP decision ordering the transfer of the domain name worldofwizarding.com wrongly failed to apply the important precedent of the Rogers test in its legitimate interests analysis. The Rogers test was established in the landmark 1989 case Rogers v. Grimaldi and seeks to balance trademark rights against artistic free expression under the First Amendment.… Continue reading The World of Wizarding Decision: A Spellbinding Mistake