David MichaelsThe UDRP isn't just a similarity test. Bad faith requires strong evidence that the respondent registered the domain because of the complainant's mark. Where the disputed name is coherent and independently attractive, panels should be cautious about inferring targeting from phonetic resemblance alone, especially if the complainant's mark isn't globally famous and the respondent is outside the complainant's home market.
It's mind-boggling that Panelist David L. Kreider accepted the Complainant’s claim that caresoft is confusingly similar to CARAHSOFT, calling it a “classic typosquatting” case and that the Telstra doctrine applied to the case.
There are 97 active businesses using “Caresoft” in their names!
How does a business based in France file a #UDRP complaint against a .US #domain name?
Gleamer SAS ("Complainant") owns a trademark for Gleamer registered with the USPTO on the principal register. But that only gives the Complainant standing. It still had to prove that the domain was registered or used in bad faith by the respondent. In the matter of Gleamer .US, it was already repossessed by the registrar at the time the Complaint was filed and the registrar hadn't used it yet.
What do you think happened in this UDRP decision?
redmountain .com (purchased for $10,000, but not used yet. 1000s of businesses use Red Mountain in their names. 15 matching registered #trademarks in USPTO.)
Karin!Does anyone happen to have any experience/can point to resources for a domain name dispute? Especially interested in anyone that knows the process from an #activism angle
Stéphane BortzmeyerDébat sur les #UDRP (procédure de justice privée pour les noms de domaine, imposée par l'ICANN) : ce sont des principes judiciaires étatsuniens (comme le fait qu'une marque n'a pas besoin d'être déposée, ce qu'une loi de 1965 impose au contraire en France)) appliqués au monde entier. C'est bien d'être l'Empire.
Is it wrong to adopt a trademark that matches a domain name that you don't own or have access to use it?
Eg. Voodoo of France owns trademark registrations for PAPER .IO and has now hijacked the paper .io domain name using that #trademark.
Yes, it is fraudulent
Yes, it is misleading
Not sure
It is OK.
Poll ended at .
Fox Media hijacks the fox .org domain name from former USF Professor Bill Biersdorf
Based on the allegation of a phishing email campaign.
Bill Biersdorf registered fox .org for his Fox Research Institute in 1996.
PDF
https://wipo.int/amc/en/domains/search/case.jsp?case_id=61809
While some domain names have obvious #trademark issues
I am surprised about this transfer order for vanillacard .net
Who has exclusive rights to the term Vanilla Card?
It is not a well known trademark.
3 law review articles about hijacking #Domains
Three law review articles about internet domain name disputes - Ant-like Persistence
Here are three law review articles that I published about internet domain name disputes: Carl Oppedahl, Recent Trademark Cases Examine Reverse Domain Name Hijacking, 21 Hastings Comm. & Ent. L. J. 535 (1998). Carl Oppedahl, Remedies in Domain Name Lawsuits: How is a Domain Name Like a Cow, 15 J. Marshall J. Computer & Info. … Continue reading "Three law review articles about internet domain name disputes"