Prime Pictures LLC of Dubai, bought a UDRP against DigiMedia.com who was represented by John Berryhill on the domain name cinemacity.com The three member panel not only denied the complaint but held that the Complaint amounted to a Reverse Domain Hijacking. Nice to see the panel looked at the facts and circumstances at the time of the registration of the domain and did not find as other … [Read more...]
President Obama Orders The Establish Of The “Intellectual Property Enforcement Committee”
This week President Obama signed an executive order establishing the Intellectual property Enforcement Committee. According to TechDirt.com, the order seems to give high level folks in different federal government agencies coordinating their "enforcement" strategies, when they do things like seizing domains without due process or First Amendment considerations. Here is a copy of the … [Read more...]
A Game Changer? Court Awards Trademark Holder $292K In Damages Against Advertiser On Google Keywords
Although several courts have held that Google is not liable for selling ads to a competitor under a trademarked keyword a Federal Court has just held the advertiser is liable for buying the ads. A California federal district court has just held that a law firm specializing in disability law WAS liable under the Lanham Act for purchasing advertising on Google Adwords under a trademark, in this … [Read more...]
Is Ferrari A CyberSquatter? Ford Sues Ferrari Over Its Registration of FerrariF150.com But Ford Doesn’t Even Own F150.com or FordF150.com
According to theF1Times.com, Ford filed suit again Ferrari over the use of the "F150" name. Ferrari's now has a 2011 car by the same name. Ford is suing Ferrari over its registration of the ferrariF150.com domain name, which it claims goes against the Anticybersquatting Consumer Protection Act and is seeking.$100,000 in damages. The lawsuit claims Ford has suffered irreparable harm to … [Read more...]
The ICA Blasts The Department Of Commerce Letter To ICANN Committee: “May Mean The End Of New gTLDs”
Phil Corwin on behalf of the Internet Commerce Association just published an article on CircleId.com, blasting the US Department of Commerce over the letter it sent to "ICANN's Governmental Advisory Committee (GAC) containing suggestions for what positions the GAC should push for at its February 28 meeting" This is an important issue and you should read through the entire letter. ""On … [Read more...]
US Wants To Make Loser Pay For All Costs & Domain Transferred Under New Uniform Rapid Suspension (URS): ICA Responds
On last Friday, January 28th the U.S. Department of Commerce (DOC) submitted a paper to ICANN’s Governmental Advisory Committee containing its suggestions for what position the GAC should push for at its February 28 – March 1 meeting with ICANN’s Board. According to the letter the U.S. wants the GAC to ask ICANN to make the Uniform Rapid Suspension (URS) into a “loser pays” system. The DOC … [Read more...]
IndianOil.Org Lost In A WIPO Decision: Is IndianOil.com Next?
The domain name Indianoil.org was award to Indian Oil Corporation (IOC) in a WIPO decision . The decision seems to be unpublished but in a story appearing in the hindustantimes.com, it appears a one member panel concluded that: "IOC has the exclusive right to use the domain name as it is a well-known company." The trademark, 'INDIAN OIL', registered in 1986, while the domain holder … [Read more...]