The 1st Uniform Rapid Suspension (URS) was filed on a .CEO domain name, on the same day the new gTLD .CEO went live for General Availability .
The domain name is Mittal.ceo
Mittal is a popular surname in India and Wikipedia.org, even has an post on it.
Although the Complainant is not yet listed, we should note that there is large steel company by the name of, Mittal Steel Company now part of ArcelorMittal which is a publicly traded company (NYSE: MT) headquartered in Rotterdam, Netherlands
The domain name Mittal.ceo does not currently resolve
However this is going to be one of those cases that should be very hard to win at the URS level as many people in the world would might want this domain and be legally entitled to it, besides the company.
If the complainant wins the URS the domain registration will just be suspended they won’t get control over it
For the first time a Uniform Rapid Suspension (URS) complaint has been denied.
URS panelist Douglas M. Isenberg Denied Virgin Enterprises URS on the domain name Branson.Guru.
The domain was registered by Lawrence Fain of Chicago who didn’t even bother to respond
Here is the decision of the panel:
Complainant has provided the following explanatory text, in toto, in its Complaint (subject to the 500-word limit specified in paragraph 1.2.7 of the URS):
The Complainant is Virgin Enterprises Limited (“VEL”). VEL is responsible for the ownership, management and protection of all trade marks and Intellectual Property in the Virgin name on behalf of its licensees both within and outside The Virgin Group. The VIRGIN brand is one of the best known brands in the world. Richard Branson is the founder of The Virgin Group and, personally, is one of the best known individuals from a business perspective, in the world. Both Richard Branson’s personal reputation and the reputation in the VIRGIN brand is now globally well known.
The Complainant owns very extensive rights in BRANSON including but not limited to South African Trade Mark registrations Nos. 2005/19856, 2005/19857 and 2005/19858. This very clearly demonstrates that the Complainant has rights in BRANSON in accordance with the URS Procedure 22.214.171.124. This is further supported by the fact that the BRANSON name has been submitted and verified with the Trade Mark Clearinghouse, the SMD for this entry is 3241386999381137-1.
In addition, the Complainant has a significant reputation and has built up a vast amount of goodwill in the BRANSON name globally in relation to a wide range of goods and services. The Virgin Group originated in 1970 when Richard Branson began selling music records under the Virgin name and since that date it has expanded into a wide variety of businesses. As a result, the Virgin Group now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA. The number of employees employed by the Virgin Group of Companies is in excess of 40,000, generating an annual group turnover in excess of 4.6 billion pounds. Richard Branson and Virgin are synonymous with each other, both are extremely well known.
We can supply on request a signed Witness Statement from Victoria Wisener outlining the very wide ranging activities of the Virgin Group and the extent of their operations. The power of the VIRGIN name, Richard Branson’s personal reputation and the Virgin management styles are all factors which contribute towards the Virgin Group’s unrivalled and significant reputation in the terms VIRGIN and BRANSON.…
The public company, Dana Holding Corporation (NYSE: DAN) just won a URS it filed on the domain name dana.holdings.
The domain name was suspended based on the URS decision
Findings of Fact:
Dana Holding Corporation (NYSE: DAN) is a publicly traded Fortune 500 company based in Maumee, Ohio; Dana Limited is a wholly owned subsidiary of Dana Holding Corporation. Dana Limited is the owner of the federally registered trademark DANA (U.S. Registration Numbers 4459800, 1190470, 856983, and 1200853) for various international classes. On June 19, 2013 Dana registered its mark with the Trademark Clearinghouse;
The marks status with the TMCH is VERIFIED.
On February 13, 2014 Dana was notified by the TMCH that its mark was included in a registered domain name, Dana.holdings.
Dana was concerned that the use of the mark DANA, especially in connection with Dana Holdings might infringe on Dana’s use of its trademark.
On February 18, 2014, Dana, through its outside attorney, wrote to the registrant/Respondent, Mr. Nawas to address its concerns and asked him how he intended to use the domain dana.holdings.
Mr. Nawas replied by email the same day and stated that: 1) he is not infringing on Dana’s trademarks, 2) he refused to address any of Dana’s concerns, including why he had a legitimate use for dana.holdings, and 3) he would sell the domain to Dana.
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS 126.96.36.199]: for which the Complainant holds a valid national or regional registration and that is in current use
2. Registrant has no legitimate right or interest to the domain name [URS 188.8.131.52]
3. The domain name(s) was/were registered and are being used in bad faith [URS 184.108.40.206] such as: Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name.
Respondent is listed as Farris Nawas of Houston, TX.
Respondent initially addressed Complainant’s concerns via email stating “I am an entrepreneur from Austin, TX. I recently bought the name Dana.holdings…to start my own holding company and with a little research I found that you are already an established company with the same name.”
In Respondent’s URS documents he further asserted; “Dana is a common Middle Eastern female name.…
A URS wwas filed by designer fashion house Christian Dior on the domain name Dior.clothing yesterday.
I’m going to blame the company for this one.
No one likes to pay for insurance just like no one wants to spend money to register defensive domains, but if your in business you need to do certain things and make good business decisions.
So while I don’t expect any brand (although some did) to go and register or block hundreds of new gTLD’s in every possible extension, domains that are bang on to their core business have to be protected.While some people are quick to call defensive domain registrations “extortion”, I see it no differently than a lot of expenses businesses incur to protect themselves and their assets. A high end brick and mortar store like Dior will have to have liability insurance, theft insurance and 10 other type of insurances, hiring guards, spend six figures for camera’s and alarms systems none of which bring the company any more business, but if a Dior store didn’t have guards or an alarm system or cameras and got ripped off most people have little sympathy for the operator of the store.
Dior.clothing is one of those domains that the company had to register.
They could have gotten it in sunrise or in an EAP 5 for a couple of hundred dollars.
Now they spent far more to just get a domain name suspended.
I didn’t love having to spend money to register mostwanted.domains but of course I had to, otherwise someone would have grabbed it and it would have cost me more to fight over it then to just get it suspended and then have to spend the same money next year to get it registered when it drops.
On the other hand STATOIL ASA URS filing for the domain names statoil.holdings and statoil.ventures are on the outer fringe and a URS seems like a perfectly good move by the company to get those suspended.
A few Interesting UDRP’s filed in the last couple of days is one on iFunny.com which shows a creation date of 2001 and on the domain name justbelieve.com which has an original creation date of 1999.
Finally another fashion designer filed a UDRP over a domain that seems to becoming the new “sucks” FuckCalvinKlein.com which was just registered in February of this year.
Of course Godaddy offered some very helpful alternatives to the .com in case you want a similar domain for yourself:
In what maybe the quickest action filed by a trademark holder against a domain holder, the domain name bbva.careers has been hit with a URS 5 Days After Registration.
The domain name bbva.careers was registered on March 5th on the last day of EAP for many times general availability rates which would have gone into effect the following day on March 6th.
The URS was filed today on March 10th
BBVA is a publicly traded financial company (BBVA), Banco Bilbao Vizcaya Argentaria, S.A with a market cap of $73.1 Billion dollars.
The company already owns the bbva.jobs domain.
I’m not sure why they did not apply under sunrise for bbva.careers because for less than it cost them to file the URS they could have had the domain name.
However in the event they win the URS they will not get ownership of the domain, only the suspension of the domain until the registration runs out.
A Uniform Rapid Suspension (URS) was filed today on the domain name Branson.Guru
This is the first URS that has been filed which in my opinion should not be granted.
The problem is that there is also a city by the name of Branson, which is in Missouri, and a pretty large tourist attraction.
The official site for the city is CityofBranson.org which has grown to be a large tourist destination with plenty of theaters, shows and hotels.
The domain is not parked or otherwise in use.
The domain is still at a Godaddy placeholder but only registered a few weeks ago, so the intent of the owner of the domain cannot be determined at this point, know one knows if the registrant insteads to use the domain as having anything to do with Sir Richard, Virgin or the town which is a Geo.
All previously filed URS seemed to be slam dunk cases involving famous trademarks which is what the URS is suppose to be for, but in this case I believe the URS should be rejected.
If the URS is granted and the domain is suspended, I think its going to be a big blow for the new gTLD’s.
It could be a game changer and force registrants to get up a site in days on each new gTLD to protect the domain.
I believe it to be a very important case and its outcome will have far reaching effects if the suspension is granted .
The first Uniform Rapid Suspension decision has been issued.
The case was decided 9 days ago, which was 6 days after the 1st URS was filed on the domain names; ibm.guru and ibm.ventures.
So while the decision was known 9 days ago, the actual decision was just published today so this is the first time we are seeing at how these URS decisions will look:
Complainant: International Business Machines Corporation of Armonk, NY, United States of America
Complainant Representative: CSC Digital Brand Services of Wilmington, DE, United States of America
Respondent: Denis Antipov of Hoboken, NJ, United States of America
REGISTRIES and REGISTRARS
Registries: Pioneer Cypress, LLC,Binky Lake, LLC
Registrars: Godaddy LLC
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
Darryl C. Wilson, as Examiner
Complainant Submitted: February 5, 2014
Commencement: February 6, 2014
Response Date: February 7, 2014
Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the “Rules”).
Complainant requests that the domain name be suspended for the life of the registration.
STANDARD OF REVIEW
Clear and convincing evidence.
FINDINGS and DISCUSSION
Multiple Complainants: No multiple Complainants are involved in this proceeding. This complaint and findings relate to the domain names and . No domain names are dismissed from this complaint.
Multiple Respondents: Both domain names are using the exact same privacy whois service. It is unclear whether there is one or multiple Respondents. This complaint and findings relate to the domain names and . No domain names are dismissed from this complaint.
Findings of Fact:
Complainant owns trademark registrations in 170 countries and has used the IBM mark to sell IT-related goods and services for one hundred years. Complainant sells a broad range of devices that record, process, communicate, store and retrieve information, including computer hardware and software. In 2011 Complainant was valued at over USD 69 billion. Complainant registered its domain name, on March 19, 1986, which is used to promote Complainantâ€™s goods and services.
Respondent registered the disputed domain name on January 31, 2014 despite receiving notification that the domain names match a mark registered with the Trademark Clearinghouse.…
IBM has won the first Uniform Rapid Suspension (URS) filed on new gTLD domain names.
On February 6th IBM filed the first URS on the new gTLD domains IBM.ventures and IBM.Guru
Yesterday the Nation Arbitration Forum is showing as the domain names being in SUSPENDED FINAL status.
Unlike the UDRP dispute resolution system, the winner of a URS does not get ownership of the domain name but only gets the right to have the domain name suspended from the registrant.
The “decision” should be issued today.