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

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Categorized as Blog, UDRP

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

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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

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Reporting Scam Websites

Here are some resources and organizations you can contact to report fraudulent or scam websites: Here are some tips for reporting a scam website in an effective format: Following a concise, evidence-based template will ensure your report contains all relevant details and will expedite any abuse investigation and actions to deactivate the scam site. Let… Continue reading Reporting Scam Websites

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UPS Prowls to Victory in Coyote Transporting Domain Dispute

UPS got UDRP panelist Dawn Osborne to make the following conclusions: In summary, the panel found the respondent violated the Policy by registering and using a domain confusingly similar to UPS’s trademark in bad faith, and ordered the transfer of the domain to UPS. Was This UDRP Decision Wrongly Decided? Upon further investigation, the case… Continue reading UPS Prowls to Victory in Coyote Transporting Domain Dispute

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Domain Name Law Show #130

In Domain Name Law Show #130, we discussed the following matters:  Domain Name Legal Issues & Industry News      1. Todd’s Letter To ICANN Objecting to the Transfer of Epik’s Registrar Accreditation          a. ICANN’s Response to Todd’s Letter      2. .hiphop Celebrates 50-Year Anniversary of Hip-Hop      3. London Domain Name Summit… Continue reading Domain Name Law Show #130

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Domain Name Law Show #129

Domain Name Law Show number 129 outline: A. Show Intro by Todd      1. Greet Audience and Introduce Co-Hosts      2. Make General Announcements      3. Share Show Agenda B. Domain Name Legal News      1. X takes @music Handle from User with a Half Million Followers (CNBC) Are social media handles considered property in… Continue reading Domain Name Law Show #129

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Domain Name Law Show #128

In Domain law show number 128, we talk about subject matter jurisdiction under the ACPA after a foreign trademark holder wins a UDRP against a domain registered in the USA. Magistrate Judge McCarthy is not sure that there’s any federal jurisdiction after the Abitron v Hetronic SCOTUS decision. SHOW #128 (SHOW LINK) Tuesday, August 1,… Continue reading Domain Name Law Show #128