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TheDomains.com

UDRP Filed Against Generic Domain Name: InteriorDesign.com

October 23, 2012 by Michael Berkens

A UDRP has just been filed against a great generic domain name InteriorDesign.com

The domain name is owned a by a P. A. Gordon of  Guam, who lists as his email address getaway@getaway.com

Getaway.com seems to be used as a travel site, however the domain in question goes to a Sedo parked page.

The complainant is not yet listed.

A quick check of the USPTO did not find a match for a trademark for either “interior design” or interiordesign.com

The domain name has an original registration date of 1997 and has been owned according to DomainTools.com by the current owner since at least 2000.

Would seem like a clear case of Reverse Domain Name Hijacking and is a prime example of why implementing the URS policy to .com’s is a horrible idea.

We will keep our eye on it and let you know how it turns out.

 

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Filed Under: Legal, UDRP

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. Rick Schwartz says

    October 23, 2012 at 9:47 am

    Just like the “Would-be” Reverse Domain Name Hijacker is out to steal and destroy someone else’s business, it is our DUTY now to try and destroy them in return. That is why I am so intent on going public on each and every case. Until laws are passed with CRIMINAL and CIVIL penalties, the court of public opinion must be harsh. VERY harsh. An attack on one is an attack on all.

    My promise and commitment is to insure these companies are labeled for life. That their attorney’s are labeled for life! That any potential customer doing an ounce of research will stumble all over their names in the most negative of light.

    The mission and goal has to be so treacherous that only an IDIOT would try and do this. A public company is going to have the most to lose and once we demonstrate what a COLLAPSE looks like, this will never happen again.

  2. Brad Mugford says

    October 23, 2012 at 10:13 am

    This UDRP is absurd. The abuse of the system continues to get worse while ICANN sits on their ass and does nothing about it.

    Anyone with half a brain knows this is as generic as it gets, but that doesn’t mean a panelist will do the right thing.

    You have one person, funded by the complainant, with no legal standing, who is able to make decisions on million dollar assets with no accountability and no appeal process.

    If this is anything other than a RDNH, the fix is in.

    The little credibility ICANN has left is being flushed down the toilet daily.

    Brad

  3. Michael Berkens says

    October 23, 2012 at 10:14 am

    Brad

    Agreed but the URS is far worse and cheaper for complainants so the problem maybe about to get a lot worse

  4. Michael Berkens says

    October 23, 2012 at 10:17 am

    Rick

    Love the idea of holding RDNH complainants civilly or criminally responsible but back at ICANN where that would have to fly, there is no such movement.

    Back at ICANN there are 200++ TM reps on their side and Phil from the ICA on ours arguing over the future of domain holders rights and unfortunately we are much closer to a world where the URS a faster, cheaper and easier process of the to take domains away than the UDRP will be imposed on .com’s than we are to getting your suggestion put into place.

  5. BrianWick says

    October 23, 2012 at 10:34 am

    A real statement as to how valuable other folks say our .com’s are

  6. GenericGene says

    October 23, 2012 at 10:55 am

    Looks like a Freeloader trying to cash in on someones business !! I can not see how this application can succeed !

  7. Mike Mann says

    October 23, 2012 at 1:02 pm

    If UDRP and ICANN were legit this would be summarily dismissed by competent counsel. The domain holder should not waste one second or cent on this given its blatantly generic.

  8. Mike Mann says

    October 23, 2012 at 1:04 pm

    “Our duty to destroy them…” and people think Im aggressive. (of course I agree though)

  9. Acro says

    October 23, 2012 at 1:30 pm

    This might be the Complainant, they own the .net and a registered tm.
    http://www.sandow.com/interior-design/

  10. Michael Berkens says

    October 23, 2012 at 1:58 pm

    Acro

    Good catch think you are right and they publish Interior Design Magazine.

    So looks like Mr. Schwartz is really going to have fun with this one

  11. Michael Castello says

    October 23, 2012 at 2:08 pm

    I’ve known Philip since 1997 when we were both going after the premium drops that summer. That is when he registered some of the best premium domains available at the time. I met up with him in 2000 after he moved from Canada and settled in Marina del Rey, CA. He moved to the UK and I believe he is now in Asia. He still has one of the top premium portfolios in the world. He never really developed his sites and I am interested in how he protects his names in such cases. Does the UDRP show representation? FYI – Some of the names he has/had:

    win.com
    Republican.com
    Democrat.com
    UnitedStates.com
    Holiday.com
    3D.com
    Assets.com
    Bold.com
    Bonaire.com
    CaboSanLucas.com
    Can.com
    Champs.com
    Cozumel.com
    Creations.com
    Dad.com
    Defense.com
    Denmark.com
    Desktops.com
    Fiji.com
    FinancialAdvisor.com
    Financing.com
    FireProtection.com
    FloodInsurance.com
    GetAway.com
    GiftShop.com
    Government.com
    Grapefruit.com
    Harrassment.com
    Healing.com
    HealthFood.com
    Hearing.com
    Holidays.com
    HPC.com
    Insider.com
    InsuranceBroker.com
    InteriorDesign.com
    Italy.com
    Laos.com
    Laptops.com
    Latvia.com
    Lend.com
    Lithuania.com
    Litigation.com
    LosCabos.com
    Management.com
    Margarita.com
    Mazatlan.com
    Mechanic.com
    MutualFund.com
    Netherlands.com
    NiagraFalls.com
    Novels.com
    Nuts.com
    Opportunities.com
    Optometrist.com
    Orchard.com
    Outdoors.com
    Paint.com
    Profit.com
    Psychologist.com
    PuertoVallarta.com
    Reform.com
    Relations.com
    Signature.com
    Spain.com
    StThomas.com
    Tiki.com
    Tvs.com
    Venezuela.com

  12. Raymond Chai says

    October 23, 2012 at 4:06 pm

    interiordesign.net was created on 26-sep-2000
    interiordesign.com was created on 19-May-97

  13. Raymond Chai says

    October 23, 2012 at 4:36 pm

    Interior Design has trademark right in US since Nov 26 1990

    refer to http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:bnkqm8.2.156

  14. Michael Berkens says

    October 23, 2012 at 4:39 pm

    Interesting the question is

    1. why did it take 12 years to bring this UDRP

    2. How do they get over the generic nature of the domain

    3. I didn’t see any links on the parked page go to the magazine or a competitor

  15. Raymond Chai says

    October 23, 2012 at 6:58 pm

    Just my opinion…..Looks like Interior Design has trademark right limited to class 16 , 38 only ie for printed magazines, but don’t have other rights for other class such as class 42 ie interior design and development service/ interior decorator / interior architect services or website related to interior design resource and information services.

  16. BrianWick says

    October 23, 2012 at 7:11 pm

    Yes Raymond –
    Using a reverse logic their enforceable rights would really be with InteriorDesignMagazine.com just like, for example, InteriorDesignChannel.com regardless of who owns the root term INTERIOR DESIGN.

    Yes – this one is looking like good company for the SaveMe.com.br thugs !!!

    Yes Michael –
    Those other domains he owns really suck 🙂

  17. DanH says

    October 24, 2012 at 12:55 am

    One of the most outrageous and blatant attempts of theft I’ve ever seen!! And that’s saying a lot. There is just no way that an ethical company/individual could, in good conscience, follow through with a process like this. I understand going after a company typo, or even a unique, one-of-a-kind url that is infringing upon a companies mark. But going after something as generic as InteriorDesign.com, with a spirit of entitlement that you own the keywords, and no one else does… is appalling!

    In my view, this is worthy of a “name and shame” campaign. What Rick Schwartz did to the folks who tried to steal SaveMe.com has permanently destroyed their reputation. Never again can someone search this UDRP filers name online, and not be bombarded with headlines reporting them as domain hijackers, as labeled by ICANN. This will be there forever, and at least people will know who they are dealing with! I hope that this is the new standard and treatment these villains receive.

    This is outright theft, and I am anxious to hear who the filing company is.


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