Legitimate Rights

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|

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|

UDRP Panel Finds Lack of Trademark Rights Over Doctor “Gripe” Site

On May 1, 2013, a three-member Panel of the National Arbitration Forum (“NAF”) denied a UDRP claim brought on April 1, 2013 by Dr. Daniel Taheri of the LA Laser Center, P.C. (“Complainant”) against an entity listed as EMC2 (“Respondent”) over the domain name . This case is of particular interest because the decision was made on the determination that Complainant did not satisfy the first of three requirements for a prima facie case which is unusual.

By | May 14, 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|

UDRP Panel Emphasizes Need For Basic Evidence – Rejects Epitec.com Complaint

Even if a Respondent fails to file a response to a UDRP Complaint, a Complainant can count on losing a UDRP claim if they fail to provide basic evidentiary support.

By | November 6, 2012|

Lego Loses UDRP For www.legoego.com – Panel Almost Apologizes For Decision

Although Lego Juris A/S ("Lego"), the makers of the very cool and fun lego construction pieces/toys (for the sake of full-disclosure I played with Lego's as a kid and love them) that are sold everywhere, have been pretty successful at stopping cybersquatters from using the LEGO mark, a few days ago they lost a UDRP decision for the domain www.legoego.com.

By | October 4, 2012|

Birkenstock Wins UDRP For www.birkenstock-china.com – “Legit Seller” Argument By China Based Company Fails

The shoe company Birkenstock recently won a UDRP claim for the domain name www.birkenstock-china.com. The decision is interesting particularly in terms of how UDRP panels look at cases that involve genuine goods sold by third party resellers on the Internet.

By | August 22, 2012|

Apple Wins UDRP For applestor.com And wwwitune.com – Is Phishing Ongoing?

Apple recently won a UDRP for the domains www.applestor.com and www.wwwitune.com. The decision is pretty unremarkable - Respondent failed to file a response to the complaint and therefore the panel presumed that it did not have rights to either name, and from a simple comparison of the names to Apple's trademarks for APPLE STORE and ITUNES, it found the names were nearly identical and clearly a case of typo-squatting.

By | July 3, 2012|

TARGET Misses Its Mark – Loses UDRP For “taget.com” Domain

A UDRP panel in Target Brands, Inc. v. Quinv S.A. / Korchia Thibault recently denied Complainant, Target Brands Inc.'s ("Target") application to transfer the domain taget.com.

By | June 26, 2012|

Vanity Shop Wins UDRP for VANITY.COM – But Court Will Get Last Word

Vanity Shop of Grand Forks Montana won a recent UDRP claim for the domain www.vanity.com. The case presented an interesting set of facts, with both parties holding federal registrations for their name/mark.

By | June 21, 2012|

Shabby Chic Brands Loses UDRP Bid for FRENCHSHABBYCHIC.NET

A WIPO panel recently denied a UDRP filed by Shabby Chic Brands, LLC ("Complainant") for the domain name "frenchshabbychic.net", finding that the Complainant failed to demonstrate that the Respondent, Belle Escape, lacked rights in the domain name and that she had registered and used the domain in bad faith.

By | June 18, 2012|

Blue-Mountain-Coffee.com – UDRP Complaint Lacks Basic Evidence

The decision in blue-mountain-coffee.com shows a UDRP complaint lacking evidence. Complainant tried to enforce rights it doesn't have.

By | May 24, 2012|

Resellers, Bucket Trucks and the UDRP

An NAF Panel recently refused to transfer the domain name usedaltecbuckettrucks.com on the basis that Complainant failed to meet all three UDRP requirements.

By | May 22, 2012|

Google Gets Huge UDRP Win – 763 Domains

Google won a major UDRP victory last week on 763 domains which included the "GOOGLE" mark.  The 763 domains all included the mark/name GOOGLE used with other terms such as NBA team names, bank names, corporate names, political terms, movies, television, and included different TLD's including, .net, org. .xxx and .info.

By | May 15, 2012|

Huffington Post Gets its Name Back via UDRP

The Huffington Post recently won a UDRP decision against the Huffington Post Union of Bloggers which is presently occupying the domain www.huffingtonpostunionofbloggers.org. The arbitrator's decision is noteworthy first for its brevity, even though the submissions on both sides seem to have been pretty substantial (and included additional submissions and arguments), and second, for the fact [...]

By | April 20, 2012|