This Guest Post was written by Paul Raynor Keating, Esq.[1] one of the preeminent attorney's practicing in the domain industry. Paul has handled many UDRP's and had some thoughts about a recent UDRP involving the domain name HardwareResources.org. We are publishing the post unedited: ""Although the UDRP has functioned for over a decade, the evidence continues to mount in favor of a … [Read more...]
BerryHill Beats Back UDRP on BMA.com
John Berryhill has won yet another UDRP this time successfully defending the domain holder SearchMachine on the domain name BMA.com Here are the relevant findings of facts: "The Complainant Braunschweiger Maschinenanstalt AG of Braunschweig, Germany, is the owner of registered trademarks for the letters BMA in China in class 7 (covering mechanical control fittings, filters, pumps, conveyers, … [Read more...]
1st Strange UDRP Decision Of The Year Holds Against TM Holder On The Domain IntercontinentalKabul.com
It didn't take long into the new year for a strange UDRP decision to be published and this time its the Trademark Holder that can complain. Inter-Continental Hotels lost a UDRP on the domain name intercontinentalkabul.com. Even more interesting is the domain name holder didn't even respond to the UDRP The decision doesn't make much sense to me but I did find the following comment by the … [Read more...]
Bad Decision For The TM Holder? Lawyer/Owner Wins UDRP On The Domain GotMilkAds.com
In a UDRP published today, a lawyer domain holder beat back a challenge from The California Milk Processor Board on the domain name GotMilkAds.com California Milk Processor Board is the owner of the registered trademark GOT MILK? Its a interesting opinion especially in light of the fact that UDRP's panels have awarded domain names to this same complainant based off of this trademark and led … [Read more...]
Berryhill Wins UDRP For Channel.TV: But Why No Reverse Hijacking?
Mr. John Berryhill has just won another UDRP this time on a .TV domain, Channel.TV The Complaint was brought by Channel Television Limited of St Helier, Jersey, United Kingdom of Great Britain whom despite finding that they had "unregistered trademark rights" to the domain, found no bad faith by the registrants. Here are the relevant facts and findings of the three member panel: "The … [Read more...]
Another Generic Domain Lost In WIPO When Domain Holder Fails To Respond: 7Days.com
In a WIPO decision issued today a pretty generic domain domain, 7Days.com was awarded to a the owner of a trademark registered in Greece and Portugal. Although the domain was parked, none of the links were alleged to go to the trademark owners site or competitors site, just a general parking page. ""The Panel finds on the undisputed evidence of the Complainant that the Respondent has not … [Read more...]
WIPO: Another Horrible Inconsistent Decision: “Constructive Notice Does Not = Bad Faith”
In yet another shoot from the hip WIPO decision this one involving the domain SkyWaterSystems.com, the sole panelist found that even though the Complaint and the Domain Holder were in the same type of business, there is not necessarily any confusion. """As far as the record here reveals, however, the water-related systems offered by the parties here are not strictly, as Complainant asserts, in … [Read more...]