Bad Faith

Should “Fake” Oakley Websites Be Insulated From UDRP Law?

Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry [...]

By | May 31, 2014|

Gucci Wins UDRP – Gets 197 Infringing Domains From Squatter

Gucci recently won a UDRP (Uniform Domain Name Dispute Resolution Policy) against a China based cyber-squatter that had registered all sorts of interesting domains that incorporated the GUCCI trademark. Some of the 197 domains included marks such as YAHOO and FORD, along with common descriptive terms like wallet, live, real, sale, etc... 20 of the [...]

By | February 27, 2014|

UDRP Claim Denied For AspenHeights.com – No Bad Faith Where TM Holders Counsel Pursued Sale

Earlier this week the NAF issued a decision over the domain name www.aspenheights.com denying the complaint on the basis that there was no evidence of bad faith.

By | July 17, 2013|

Time Warner Wins UDRP And Transfer Of 50 Domains From Serial Cybersquatter

In a UDRP decision issued yesterday Time Warner Cable won transfer of 50 domain names that were deemed similar to the TIME WARNER marks. The decision was pretty clear cut. The registrant, Mr. Zhichao Yang of China had put up a bunch of advertising links on the associated webpages (all the ones that we checked out), all of which related to Time Warner and its business.

By | July 2, 2013|

UDRP Decision Over YU.COM Plagued By Claims of Prejudice and Presiding Panelist Who Quit

The World Intellectual Property Organization (“WIPO”) recently denied a UDRP complaint over the domain name www.yu.com. The Complainant brought the action against the registrant (an individual in China) who had owned the domain since November 2006. The case is noteworthy mostly for the events surrounding it -

By | June 18, 2013|

Gary Kasparov Makes Move With UDRP Over Four “Kasparov” domains

Chess great Gary Kasparov has filed a UDRP action with the National Arbitration Forum over four domain names: www.kasparov2014.com, kasparov2014.net, kasparov2014.info, kasparov2014.org.

By | June 11, 2013|

Google AdSense An Important Factor In UDRP Decision For SAMSUNGHUB.COM

In a fascinating UDRP decision a WIPO panel denied a complaint filed by Samsung over the domain name www.samsunghub.com. The case is noteworthy mostly because of the reasoning provided by the Panel concerning “bad faith” activities and the Respondent’s use of the Google AdSense program to generate advertising fees.

By | June 5, 2013|

TUMBLR PREVAILS IN UDRP FOR FIVE TYPO-SQUATTED DOMAINS

Tumblr.com (“Tumblr”) has been in the news a lot lately. After being purchased by Yahoo! for $1.1 billion a couple of weeks ago, it recently prevailed in a domain name arbitration dispute.

By | May 27, 2013|

The Vitamin Shoppe Loses UDRP For www.koshervitaminshoppe.com – No Reverse Domain Hijacking

Vitamin Shoppe Indus., (Complainant) the owners of the trademark THE VITAMIN SHOPPE in the U.S. (and all over the world) lost a UDRP decision before the National Arbitration Forum ("NAF") over the domain name www.koshervitaminshoppe.com which is owned by Kosher Vitamin Express.

By | January 23, 2013|

Domain Name Directed To Game “Hack” = Bad Faith Under UDRP

There is a robust market for tips, hacks, cheats, links and end-arounds of all sorts for popular online games all over the Internet. There are hundreds of Facebook pages and youtube videos devoted to users who like to participate and follow-up on the latest ways to hack a game.

By | January 9, 2013|

MISSONI S.p.A. Claims “Vittoria” For Coined Marks In UDRP Decision

Missoni S.p.A., an Italian company that makes fashionable clothing and accessories recently won a WIPO UDRP decision for the domains and which were previously owned by Votouch of Beijing, China.

By | November 14, 2012|

UDRP Complaint For www.dexpaninternational.com Denied Because Of Oral Reseller Agreement

The UDRP is focused on providing a remedy for those instances where a third party is squatting on a trademark holders' rights. To that end, it is not a remedy for all situations where parties have a dispute concerning the proper use of a domain name that is the subject of a contract or trademark license.

By | November 7, 2012|

Walmart Loses UDRP Dispute Over Walmartat50.com

There has been a lot of press around Walmart's upcoming 50th Anniversary. The company has put out a lot of press about the Anniversary, including a website at www.walmart50.com that talks about the history of Walmart, an Associate story book, timeline and other interesting aspects of the company.

By | October 18, 2012|

UDRP Law And The “Unknown” Registrant – What Happens?

A recent UDRP decision raised an interesting issue regarding how to proceed when the Respondent's name is part of an identity theft scheme and the real domain registrant is not known. In Morgan Stanley v. John Doe the dispute concerned the domain name and the trademark MORGAN STANLEY.

By | October 18, 2012|

Go Blue! Wins UDRP For www.umichregents.com Based On Strong Evidence of Bad Faith

The UDRP decision by a National Arbitration Forum panel concerning the domain www.umichregents.com is an interesting case-in-point for how bad faith can be found in many different forms.

By | October 16, 2012|