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
Category: UDRP
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
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
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
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
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
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
Was the RoadLaw.com UDRP Transfer Decision Wrong?
A WIPO panel of arbitrators ordered the transfer of roadlaw.com to a US trademark owner of the words ROAD LAW. The trademark owner filed a UDRP complaint with WIPO to set the process in motion. You can read the roadlaw.com udrp transfer decision here: https://www.wipo.int/amc/en/domains/decisions/pdf/2023/d2023-1117.pdf The Complainant’s trademark registration for ROAD LAW is US Reg.… Continue reading Was the RoadLaw.com UDRP Transfer Decision Wrong?
Domain Name Law Show No. 127
Tune into the Domain Name Law at 6 pm Eastern, on Tuesdays. Tuesday, July 25, 2023 on Clubhouse @ 3pm PST/6pm EST (SHOW LINK) Show 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. Internet Commerce… Continue reading Domain Name Law Show No. 127