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TheDomains.com

Mike Mann’s Domain Asset Holdings Loses 21 Facebook Domains In One UDRP

April 11, 2013 by Michael Berkens

Mike Mann’s Domain Asset Holdings of Potomac, Maryland just lost a UDRP to Facebook, Inc on 21 domain names which it didn’t even respond to

The domain at issue were:

aboutfacebook.com
facebookbabes.com
facebookcheats.com
facebookclub.com
facebookdevelopment.com
facebookfest.com
facebookintegration.com
facebookjournal.com
facebookking.com
facebookland.com
facebooksafety.com
facebookstudio.com
facebookstuff.com
freefacebookapps.com
friendsonfacebook.com
fundraisingwithfacebook.com
joinusonfacebook.com
killfacebook.com
moneyfromfacebook.com
moneywithfacebook.com
newfacebookapplication.com
“The Panel finds for purposes of paragraph 4(a)(i) of the Policy that each of the disputed domain names is confusingly similar to the Complainant’s FACEBOOK mark, in which the Complainant beyond question has established rights through registration and use in commerce.”

“In this instance, each of the disputed domain names incorporates the Complainant’s FACEBOOK mark in its entirety”

“The resulting similarity between the disputed domain names and the Complainant’s mark is in no manner diminished by the addition of descriptive or generic words, which when used in conjunction with the Complainant’s distinctive mark is still likely to create Internet user confusion.”

“The Respondent has not submitted a formal Response to the Complaint, in the absence of which the Panel may accept all reasonable inferences and allegations in the Complaint as true.”

“The Panel concludes that the Respondent most likely registered the disputed domain names, each of which incorporates the Complainant’s distinctive and well-known FACEBOOK mark in its entirety, in order to trade on the initial interest confusion between the disputed domain names and the Complainant’s mark, to attract Internet users to the Respondent’s websites by falsely suggesting an association with the Complainant.”

“For the reasons discussed under this and the preceding heading, the Panel considers that the Respondent’s conduct in this case constitutes bad faith registration and use of the disputed domain names within the meaning of paragraph 4(a)(iii) of the Policy.”

“Based on the undisputed facts and circumstances reflected in the record, the Panel entertains little doubt that the Respondent knew of and had in mind the Complainant’s distinctive and well-known mark when registering the disputed domain names.”

“Based on the record before it, the Panel concludes that the Respondent registered and has used the disputed domain names with the bad faith intent to profit from and exploit the goodwill and fame associated with the Complainant’s FACEBOOK mark.”

 

Filed Under: Domain Industry, 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. Joe says

    April 11, 2013 at 3:31 pm

    What I wonder is… why on Earth would a huge company like Mike Mann’s want to own such risky (shitty is even more fitting) names?

  2. jose says

    April 11, 2013 at 3:34 pm

    @Joe that’s the first thing that comes to my mind also. why do people insist on TM names. only gives domainers a bad image

  3. Paul Green says

    April 11, 2013 at 4:12 pm

    Mike Mann had many UDRPs
    I read an article on reputable website where the writer called him well-known cybersquatter.
    I do not have an opinion about that but its strange to see above domains to be registered.

  4. Brad Mugford says

    April 11, 2013 at 4:23 pm

    Isn’t this an old article? The decision is back in 2011.

    Brad

  5. Scott Neuman says

    April 11, 2013 at 8:38 pm

    Probably in the large group that Mike bought a while back. Personally, I don’t see a lot of them being trademark infringements and it’s similar to the case against Toyota where a guy called himself ToyotaUsedCars.com. The courts find the guy saying he sold Used Cars that were Toyotas and how else is he supposed to describe himself.

  6. Francois Carrillo says

    April 12, 2013 at 4:24 am

    Scott I do not share your opinion:
    These are pure cybersquatting registrations, the typical ones we don’t want domainers register to avoid the public may had a bad opinion of domaining.

    I don’t think Michael Mann personally registred them, maybe a large portfolio purchased that has not been correctly scanned for TM issues, or an automated script running to register names incorrectly tuned, or…

    Michael Mann will never ruin his reputation registering such domains, at the inverse he probably share ICA’s code of conduct:
    http://www.internetcommerce.org/member_code_of_conduct

    Michael Mann you are more than welcome to join ICA, I am sure you will be a great ambassador of good domaining practices, and a model for many domainers.

  7. Domo Sapiens says

    April 12, 2013 at 8:05 am

    “I don’t see a lot of them being trademark infringements and it’s similar to the case against Toyota where a guy called himself ToyotaUsedCars.com. ”

    What are you smoking?

  8. Jeff Schneider says

    April 12, 2013 at 11:30 am

    Hello MHB,

    Although we do not support this kind of activity, it is a sad day. We admire Mike Mann for so many attributes other than this unfortunate news. Mike Mann has done lots for Good to, besides this.

    His Search Engine Drone Enemies will howle at the moon with this news. His philanthropic helping hand will be drowned out by their howling. Most Search Engine Drones would not make a pimple on Mike Manns but.

    Gratefully, Jeff Schneider (Contact group) (Metal Tiger)

  9. Patrick Robbenhaar says

    April 12, 2013 at 1:03 pm

    This case was 2 years ago why in the world would anyone report it as news two years later??

  10. Megan Stone says

    April 14, 2013 at 12:54 pm

    Is Mike mann retarded? lol

    • puneet says

      October 1, 2017 at 1:41 am

      no, he is extraordinary exceptionally brilliant

  11. puneet says

    September 30, 2017 at 3:29 am

    I just lost facebookengineering.com, . losing domain is not hurting me but the panelist did not show my full response is hurting me. just 2 or 3 selective lines from my respnse was taken and was decided on.


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