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Archive for the ‘Legal’ Category

Google Sued For Trademark Infringement Over Google Plus By Owned Of Googabox.com

September 7th, 2014 Comments off
Andre Rossouw filed a lawsuit against Google over its Google Plus service claiming it violates its own trademark for GOOGABOX. The Plaintiff’s also own the the domain name GOOGABOX.com. The Plaintiff also sued what appears to be Google’s attorney in this matter Eric Ball in one of the counts of the Complaint Here are the […]
Categories: External Articles, google, Legal Tags:

Twitpic is Shutting Down Due To Trademark Issue With Twitter

September 7th, 2014 Comments off
According to a post on its company blog, Twitpic which has been around since 2008 is shutting down after due to trademark issues with Twitter. The company explained the situation and the back story on its blog post: “”Twitpic will be shutting down September 25th. You will be able to export all your photos and […]
Categories: External Articles, Legal, Social Media Tags:

Nominet Handles 674 Domain Complaints Down 17%; 55% Result in Domain Transfer

August 28th, 2014 Comments off
Nominet the company that operates the .co.uk and now the .uk domain name extension (ccTLD)  just released its report for its Dispute Resolution Service in 2013 (DRS). In 2013 Nominet handled 674 complaints down 17% from 2012 although the number of domain names registered increase 2,7% Brands using the DRS in 2013 included Lego, Swarovski, […]
Categories: .uk, ccTLD's, External Articles, Legal Tags:

Be Warned: WIPO Taking Screenshots When A UDRP Is Filed & Giving It To Panel & Why Its A Problem

August 20th, 2014 Comments off
WIPO has been taking Screenshots of whatever is on a domain name as soon as a UDRP Is filed and they have been furnishing the screenshot to the UDRP panel who has been taking the screenshot into account as evidence in making their determination. This revelation came to light by  John Berryhill who read the […]
Categories: External Articles, Legal, udrp Tags:

Suit Filed Against BestRegistrar Over “Ransom” to Transfer Over 5K Domains Out

August 13th, 2014 Comments off
A company has filed a federal lawsuit against the company that owns the ICANN accredited registrar, BestRegistrar.com a few alleged resellers of BestRegistrar and the owners of the company that owns Bestregistrar.com, to “recover control of approximately 5,000 Internet domain names rightfully owned by Simon Property Group (SPG), and to recover damages both compensatory and […]

xBiz.com Reports Porn.com Has Been Recovered

August 7th, 2014 Comments off
Yesterday we wrote about a UDRP that was filed against the domain name Porn.com which we said appeared to be stolen out of a Moniker.com account. Today xBiz.com is reporting that the domain Porn.com has been recovered. It maybe interesting to note that when the domain appeared at the new registrar yesterday the domain was […]
Categories: Domains, External Articles, Legal, udrp Tags:

ICANN Responds To Seizure Order of The .IR Registry, saying ccTLD’s Are Not Property

July 30th, 2014 Comments off
                  A couple of weeks ago we told you that the attorney for the victims of a terrorist attack got a federal court to order the seizure of the .IR domain registry which is the ccTLD for Iran to help satisfy a judgement the victims  held  against […]
Categories: ccTLD's, External Articles, ICANN, Legal Tags:

Arena Football’s OrlandoPredators.com Gets Lost In Sale & Now Points To Sexual Offenders

July 18th, 2014 Comments off

The arena Football team the Orlando Predators was recently sold and the one thing that seem to have gotten lost in the sale is its domain name.

According to a story in the orlandosentinel.com, the domain which served as the previous official site of the team OrlandoPredators.com now redirects visitors to the Florida Department of Law Enforcement’s archive of sexual offenders and predators.

It seems the domain name was not in the name of the team or the league but in the name of the previous managing partner of the team David Pearsall.

The team just found out about the issue the day before the new owner of the team named a new President Jared Saft.

“Our initial reaction was to reach out to the league,” Saft said. “We’re really disappointed. He’s potentially harming fans and children who are trying to get information on the team.

“When you register a domain, you represent that you’re not infringing on a trademark. Well, he’s infringing on a trademark.”

The league agrees. “It’s unfortunate that previous ownership did not handle this differently, but the appropriate legal action has been commenced and we are confident that the Predators’ brand will remain as strong as ever,” AFL Commissioner Jerry B. Kurz said in a statement to the Orlando Sentinel.

Saft said a complaint has been filed with the Internet Corporation for Assigned Names and Numbers, a nonprofit organization responsible for regulating domain names, among other things.

“We think that domain belongs with the team; It’s pretty clear,” Saft said. “The current owner will face the justice of misinforming the public.”

While the team works to regain control of its former domain, it launched a new website called MyOrlandoPredators.com.

“A fully-functional website, on whatever domain name the team ends up with, should be up and running within the next 30 to 45 days.”

Categories: External Articles, Legal Tags:

Arena Football’s OrlandoPredators.com Gets Lost In Sale & Now Points To Sexual Offenders

July 18th, 2014 Comments off

The arena Football team the Orlando Predators was recently sold and the one thing that seem to have gotten lost in the sale is its domain name.

According to a story in the orlandosentinel.com, the domain which served as the previous official site of the team OrlandoPredators.com now redirects visitors to the Florida Department of Law Enforcement’s archive of sexual offenders and predators.

It seems the domain name was not in the name of the team or the league but in the name of the previous managing partner of the team David Pearsall.

The team just found out about the issue the day before the new owner of the team named a new President Jared Saft.

“Our initial reaction was to reach out to the league,” Saft said. “We’re really disappointed. He’s potentially harming fans and children who are trying to get information on the team.

“When you register a domain, you represent that you’re not infringing on a trademark. Well, he’s infringing on a trademark.”

The league agrees. “It’s unfortunate that previous ownership did not handle this differently, but the appropriate legal action has been commenced and we are confident that the Predators’ brand will remain as strong as ever,” AFL Commissioner Jerry B. Kurz said in a statement to the Orlando Sentinel.

Saft said a complaint has been filed with the Internet Corporation for Assigned Names and Numbers, a nonprofit organization responsible for regulating domain names, among other things.

“We think that domain belongs with the team; It’s pretty clear,” Saft said. “The current owner will face the justice of misinforming the public.”

While the team works to regain control of its former domain, it launched a new website called MyOrlandoPredators.com.

“A fully-functional website, on whatever domain name the team ends up with, should be up and running within the next 30 to 45 days.”

Categories: External Articles, Legal Tags:

After Losing MyArt.com in UDRP, Fed Court Awards Owner Domain + Damages + Attorney Fees

July 17th, 2014 Comments off

According to a post on the site of the law firm Lewis & Lin, the domain owner of MyArt.com who lost a UDRP in April, filed a lawsuit in federal court and not only stopped the transfer of the domain name but got an award of statutory damages, attorney’s fees and litigation costs.

We wrote about the UDRP back in April of this year and noted it was the 2nd UDRP filed by the same complaint on the same domain.

David Lin, Esq. writing on his firm’s site in a post entitled: “Reverse Domain Hijacking Defendants Consent to Judgement” says:

Reverse Domain Hijacking Defendants Consent to Judgement – See more at: http://www.ilawco.com/blog/reverse-domain-hijacking-myart.html#sthash.KXCiEDeU.dpuf

“After losing a UDRP proceeding by default, the owners of MyArt.com retained Lewis & Lin to stop the transfer of the domain name under ICANN rules.

Lewis & Lin immediately filed suit in the U.S. District Court for the Southern District of New York against My Art SAS, a French company engaged in the sale of artwork, and its principal shareholder. Our complaint sought relief for reverse domain name hijacking under the Lanham Act, as well as related state unfair competition claims.

Barely a month after being served with the complaint, defendants issued an offer of judgment consenting to all of the declaratory relief that we sought on behalf of our client.

Defendants also offered a monetary judgment in an amount that included statutory damages, attorney’s fees and litigation costs. The offer of judgment was accepted and judgment was entered in favor of our client.

This case illustrates that a UDRP loss has absolutely no bearing on subsequent litigation between the same parties and the same domain name. A UDRP panel’s decision, which is not based on U.S. trademark law, will be entitled to no deference, and will have no preclusive effect in a federal court case. For domain name registrants who fall victim to the efforts of reverse domain hijackers attempting to seize a domain in the UDRP process, there is hope to recover a hijacked domain.

Simply by filing a federal lawsuit and requiring the attempted hijacker to defend their actions, a domain name registrant can keep what’s rightfully theirs. For more information on reverse domain hijacking and the UDRP, contact David Lin at Lewis & Lin LLC.”

We are thrilled that a domain name owner stood up for his rights, took the horrible UDRP decision to court and not only quickly got the transfer of the domain name stopped but also got damages, attorney fees and costs.

Big congrats to

 

Categories: Domains, External Articles, Legal, udrp Tags: