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TheDomains.com

Marchex Files Federal Lawsuit Over PriceShoes.com UDRP Decision

November 27, 2012 by Michael Berkens

Marchex (MRCX) just filed a federal lawsuit over the UDRP decision in PriceShoes.com.

You might recall a three member panel awarded the domain name to the trademark holder of “Price Shoes” Administradora de Marcas y Franquicias, S.A. de C.V desipte a strong dissenting opinion.

The case is important to all domainers since the majority of the panel placed an additional burden on Marchex who the panel described as being “professional registrants who are engaged in the business of domain name monetization” to research whether trademark results existed, at the time of registration which it did not in the United States.

The third panelist, the Honorable Neil Brown filed a lengthy dissent discussing why he would have denied the complaint.

You can read our story on the UDRP decision here.

While a losing domain holder cannot “appeal” a UDRP decision they can file suit to stop the transfer of the domain, and ask the court issue a declaratory judgement on the issue.

 

Filed Under: 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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