Archive

Archive for the ‘URS’ Category

Houston We Have A Problem: 2 URS Examiners Can’t Agree If The Same Company Owns A Trademark

October 22nd, 2014 Comments off
My man Raymond Hackney who writes posts for thedomains.com, as well as his own blog at tldinvestors.com, pointed out two diametrically opposed URS decisions filed by the same complainant Aeropostale Procurement Company, Inc. of New York, one of which concludes they own the trademark to the clothing line of Aeropostale and the other examiner finding […]
Categories: External Articles, udrp, URS Tags:

FC Barcelona Loses Attempt To Grab The Domain Name: FCB.email

October 10th, 2014 Comments off
FC Barcelona just lost its attempt to score the domain name FCB.email away from Joerg Lindemer of Neuenburg, Germany in a Uniform Rapid Suspension proceeding (URS). The Football Association Premier League Limited did much better winning a UDRP on the new gTLD premierleague.club, (here is the link to that case) Here are the highlights of […]
Categories: External Articles, URS Tags:

As Many As 5K .Com’s Taken Away By Sealed Court Order By Verisign Including Some Of Mine

October 2nd, 2014 Comments off
Overnight I received a notice that several domain names I owned were transferred by a sealed court from Verisign without notice and of course without the court order. The domain names just were transferred by Verisign to another domain and are now listed for sale at another marketplace. Another domainer sent me an identical notice […]

YoYo.Email Defends URS on eharmony.email By Attaching A Copy Of Its Recently Filed Suit

September 5th, 2014 Comments off
Andrew over at DomainNamewire.com has been covering the myriad of  URS cases filed again YoYo.Email and today the company successful defended a URS against  eHarmony based it seemed on the lawsuit it filed last week. The examiner Honorable Karl V. Fink (Ret.), cited the lawsuit between Complaint in Yoyo.Email, LLC v. Playinnovation, LTD (filed August […]
Categories: External Articles, URS Tags:

INTA Issues 6 Month Bulletin on Results of URS Cases

August 20th, 2014 Comments off
The International Trademark Association (INTA) issued what it called a 6 month  Bulletin on the results of cases filed under the Uniform Rapid Suspension (URS) procedure. INTA says that a total of 92 URS cases have been filed to date 88 with the National Arbitration Forum in the United States (NAF) and four with the […]
Categories: External Articles, udrp, URS Tags:

RMIT University Loses URS On RMIT.Education, To A Parked Page With Links To It

August 11th, 2014 Comments off
RMIT University of Melbourne, Australia lost its bid to get the domain name RMIT.education suspended through a Uniform Rapid Suspension (URS) proceeding. Its a pretty amazing finding in that the  domain holder didn’t even respond to the URS, Complainant had a valid trademark, and the domain name  is parked and contains links to the school, […]
Categories: External Articles, URS Tags:

Frank Schilling’s North Sound Names Wins Another URS On Hello.Photo

August 10th, 2014 Comments off
Frank Schillings North Sound Names has won another Uniform Rapid Suspension (URS) on the domain name Hello.Photo to Complainant, HOLA S.L. of Madrid, Spain, who has trademarked “HELLO!”, “in one or more countries”. John Berryhill, represented North Sound Names. Omar Haydar, the examiner found: The Respondent has registered the domain name , and is the […]
Categories: External Articles, URS Tags:

Principal Financial Loses URS On Principal.Guru

August 7th, 2014 Comments off
Principal Financial Services,just lost a Uniform Resolution Proceeding on the domain name Principal.Guru The company filed a separate URS on the domain names principal.services principal.center Which case has not been decided yet but I would not expect that to go any better for Principal than this URS. The record shows Respondent’s use of the disputed […]
Categories: External Articles, URS Tags:

Have Trademark Holders Given Up On The URS? Last 17 Disputes Filed, 15 Were UDRP’s

July 6th, 2014 Comments off

Have trademark holders given up on the Uniform Resolution Service?

The URS is something that trademark holders and their representative pushed for at ICANN for years.

A cheap, quick take down on obviously trademark infringing new gTLD domain registrations.

Although the URS is exactly that a much cheaper and quicker process than a UDRP, if a trademark holder wins a URS the domain registration is simply suspended for the term of the registration and becomes available for re-registration once it drops.

Since June 15th, 26 UDRP have been filed on new gTLD domain names while only 6 URS have been filed.

The last URS was filed on June 30 on the domain name marmara.club and the one before that on June 26th on the domain name ibm.xn--3ds443g. Since June 26th, 15 UDRP’s were filed.

It looks like trademark holders are for the moment opting for filing UDRP’s in lieu of URS

Here are the UDRP filed on new gTLD’s from June 15, 2014:

D2014-1172 garnier.email, kiehls.email L’Oréal SA

D2014-1171 geforce.graphics NVIDIA Corporation

D2014-1167 walmart.reviews Wal-Mart Stores, Inc.

D2014-1145 sanofi.email Sanofi

D2014-1138 clarins.center CLARINS

D2014-1144 uniqlo.clothing Kabushiki Kaisha Fast Retailing, dba Fast Retailing Co., Ltd.,

1567649 corninggorilla.glass

1567719 vivintsolar.solar

1564630 vanheusen.clothing

1564059 kohler.plumbing

D2014-0999 clarins.club Clarins

D2014-1116 kpn.international Koninklijke KPN N.V.

D2014-1102 electrolux.company Aktiebolaget Electrolux

565523 aeo.xyz

D2014-1091 lonelyplanet.photography Lonely Planet Global, Inc.

D2014-1083 osram.lighting OSRAM GmbH

D2014-1077 petrobras.guru Petroleo Brasileiro S.A. Petrobras

D2014-1075 petrobras.holdings Petroleo Brasileiro S.A – Petrobras

D2014-1076 petrobras.technology Petroleo Brasileiro S.A – Petrobras

D2014-1054 sheraton.caB Sheraton International IP, LLC Starwood Hotels & Resorts Worldwide Inc. The Sheraton LLC -
D2014-0698 statoil.today Statoil ASA (“Statoil”)

D2014-1040 stregis.club, westin.club, whotels.club Starwood Hotels & Resorts Worldwide, Inc.

D2014-1038 oshkoshbgosh.clothing OshKosh B’Gosh, Inc

D2014-0434 stihl.equipment Andreas Stihl AG & Co KG

D2014-0576 stihl.ceo Andreas Stihl AG & Co KG

D2014-1029 docmarten.clothing “Dr. Maertens” Marketin

Categories: External Articles, new gTLDs, udrp, URS Tags:

Sci.Technology Suspended in URS “Sci” is not a Generic Term but Rather the Trademark”

June 25th, 2014 Comments off

The new gTLD domain name sci.technology was ordered suspended by a Uniform Rapid Suspension (URS) examiner.

The Complainant SANMINA CORPORATION of San Jose, California filed the URS complaint based on its U.S. Trademark Registration issued June 2, 1992, on the term “SCI” (the “Trademark”).

The Trademark is for “manufacturing of electrical, electronic, electromechanical and mechanical products to the order and specification of others”, and “design and development of electrical, electronic, electromechanical and mechanical products for others.”

Complainant uses the Trademark at a website, in conjunction with the use of the trade and corporate name “SCI Technology, Inc.”, that discusses the company’s design, manufacture, qualification, and support of military and commercial aviation, ground technical and other defense applications, and industrial and space flight programs.

Respondent uses the registered domain name at a website, in conjunction with the trademark SCI.TECHNOLOGY, that includes links to articles pertinent to science and technology topics.

Complainant’s showings demonstrate that there is no genuine issue of material fact regarding the first element of the URS. The disputed domain name includes the entirety of the Trademark and the non-distinctive, generic gTLD “technology.”

Registrant’s defense, that it has a right to use the generic terms “sci” and “technology” in conjunction with science and technology topics, is not relevant given Complainant’s trademark registration and proof of use of the Trademark.

Registrant has not explained why it registered and used the domain name and has submitted no defense specifically directed to Complainant’s contentions regarding the second and third elements of the URS.

There is no genuine issue of material fact regarding the second element of the URS.

Registrant’s defense of the use of the combination of two generic terms in the disputed domain name must fail because one of those terms, “sci”, is not a generic term but rather the Trademark.

What is telling as to Registrant’s knowledge and intent is the combination of “sci” and “technology”in an order that mimics Complainant’s trade and corporate name “SCI Technology, Inc.”

Registrant also uses the domain name as a commercial trademark at its website. And, Registrant does not allege any legitimate or fair use of the domain name.

The Examiner must conclude that Registrant is intentionally attracting for commercial gain Internet users to Registrant’s web site by creating a likelihood of confusion with the Trademark.

Thus there is no genuine issue of material fact regarding the third element of the URS.

The Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.

Categories: External Articles, URS Tags: