UDRP Panelist: “Panels Don’t Look Kindly Upon Re-filed Complaints That Blame UDRP Panels For Their Own Ineptitude”

icannThe Hon. Neil Brown QC, a very well known UDRP panelist, wrote an article on his personal blog about "Re-Filing of a UDRP Complaint". He is commenting on a recent decision:
Reliance Telecom Limited v Domains By Proxy, LLC, Sukhraj Randhawa, WIPO Case No. D2014-0947, Disputed domain name: <reliancegroup.com>,September 11, 2014.

Here are some interesting comments he made: Continue reading

Meet The Attorney That Represents Attorneys In UDRPs

icannWebsite attorney Steven Rinehart recently won several new UDRP domain name disputes involving common law trademarks. Rinehart issued a press release about successfully establishing common law trademarks rights for two attorneys who were the target of libelous criticism websites (e.g. gripe sites), those domain names being <kendrickmoxon.com>, a California attorney; and <jonahhunt.com>, a Denver attorney.

Rinehart represents clients, with a few attorneys amongst them, in domain name disputes involving Continue reading

Virgin and Richard Branson file 4 URS complaints for 5 New gTLD domain names

Virgin and Richard Branson filed 4 URS complaints on 5 different New gTLD domain names in the past couple of days:

  1. richardbranson.holdings - richardbranson.ventures
  2. virgingalactic.guru
  3. virginaustralia.holdings
  4. branson.guru

Virgin had a DPML block for the term "Virgin" but that can't stop registrations such as 2. and 3. Richard Branson didn't have a DPML from Donuts so the domains from 1. were registered. He has since bought the DPML block. Richard Branson can NOT get a Continue reading

URS complaint filed for the New gTLD domain name dana.holdings

A URS complaint was filed on the New gTLD domain name dana.holdings yesterday. The complainant is not yet know but it is probably Dana Limited from Ohio that is registered in the trademark clearinghouse for the mark "dana".

The domain was registered on February 7th from someone from Continue reading

UDRP complaint filed for 18 year old domain MyMachine.com

A UDRP complaint was filed for the domain name MyMachine.com at the National Arbitration Forum. The domain name was registered in 1996 and according to domaintools.com whois history the current owner has owned it since at least 2001.

The MyMachine.com website displays a picture of a small machine on black background and that is about it.

The complainant is not yet known but since the complaint was filed at the National Arbitration Forum I can assume that the complainant is

Continue reading

UDRP complaint for creativ.com denied despite default – Respondent did not reply to purchase offers

The UDRP complaint for the domain name creativ.com was denied at the National Arbitration Forum by a 1-member panel. This was a clear Reverse Domain Name Hijacking case but the owner of the domain did not respond to the complaint. Nevertheless the owner of the domain name won the complaint as the Complainant doesn't even have a registered trademark, yet alone a trademark that predates the domain name registration.

The domain name creativ.com was registered in 1999. The <creativ.com>  domain name resolves to a website that includes a general offer to sell the disputed domain name. Complainant claims that Respondent has not replied to numerous offers from Complainant to purchase the domain name beginning in August of 2013, roughly five months ago. Complainant alleged that Respondent had not made any use of the disputed domain name.

Complainant claims Continue reading

.bbva New gTLD applicant files its 3rd URS complaint for 5 New gTLD domain names

Banco Bilbao Vizcaya Argentaria (BBVA), S.A. filed yet another URS complaint on a New gTLD domain names yesterday. BBVA is the New gTLD applicant for .bbva. This time a URS complaint was filed for 5 domain names, all pretty worthless:
bbvabancomerusa.equipment
bbvabancomerusa.holdings
bbvabancomerusa.technology
bbvabancomerusa.today
bbvabancomerusa.ventures

All 5 domains were registered by someone from London, Great Britain. The same person has already registered more similar domains: Continue reading

URS decision for suspended ibm.ventures and ibm.guru published: a response was filed

The domain namess ibm.ventures and ibm.guru were suspended on the 12th of February after the URS complaint by IBM. That was just 6 days after the URS complaint by IBM at the National Arbitration Forum on the 6th of February. The decision was published today.

That was the first URS complaint filled for any New gTLD domain name and the first decision.

There was actually a response submitted by the owner but it was only 3 sentences.

This is how the panelists described the response: Continue reading

BBVA files its 2nd URS complaint for a New gTLD domain name after bbva.guru: bbva.ventures

Banco Bilbao Vizcaya Argentaria (BBVA), S.A. has filed yet another URS complaint on a New gTLD domain name today. This time a URS complaint was filed for the domain name bbva.ventures.

On the 19th of February BBVA, a multinational Spanish banking group and the second largest bank in Spain, filed a URS complaint for the domain name bbva.guru.

Both URS complaints were filed at the National Arbitration Forum that is the only URS provider at this time.

BBVA is registered with the Trademark Clearinghouse. The domain name was registered on the 5th of February from someone from Barcelona, Spain.

Because BBVA is registered with the Trademark Clearinghouse, it got an Continue reading

2 URS complaints filed for New gTLD domain names: bbva.guru and aeropostale.clothing

2 new URS complaints were filed at the National Arbitration Forum for New gTLD domain names:
aeropostale.clothing (filed on the 17th of February)
bbva.guru (filed on the 19th of February)

The first ever URS complaint was filed for the domain names ibm.ventures and ibm.guru by IBM and the domains were suspended just 6 days after the URS complaint.

The first ever UDRP Complaint filed for a New gTLD domain name was that for the domain Canyon.Bike that is still pending at WIPO.

Here are a few more details on the 2 new complaints:

aeropostale.clothing:
The URS complaint was filed by US clothing company Aéropostale, Inc. that has its trademark registered with the Trademark Clearinghouse. The domain name was registered on the 5th of February from someone from Texas, USA.

bbva.guru:
The URS complaint was filed by Banco Bilbao Vizcaya Argentaria, S.A. that is a multinational Spanish banking group. BBVA is the second largest bank in Spain. BBVA is also registered with the Trademark Clearinghouse. The domain name was registered on the 5th of February from someone from Barcelona, Spain.

So because both companies were registered with the Trademark Clearinghouse, both got an alert as soon as the 2 domain names were registered and reacted with a URS complaint very fast.

Through the URS Procedure ICANN offers a lower-cost, faster path to relief for rights holders experiencing clear-cut cases of infringement caused by domain name registrations. The URS filling fee at the National Arbitration Forum is $375 for up to 14 domain names. The URS can only lead to suspension of the domain names. The URS will not provide the transfer of the disputed domain name to the trademark holder. If the trademark owner wants to take ownership of and use the disputed domain, it should instead file a UDRP complaint or other legal action.