Similarity

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 For Partzilla.com Looks At Domains With Similar Suffixes

The National Arbitration Forum last week denied a complaint brought by the motorcycle parts/accessories company REVZILLA that had brought a complaint against its competitor POWERSPORTS LLC for their registration and use of the domain name www.partzilla.com. The case was decided solely on the "similarity" issue where the panel reasoned, very thoughtfully, that the REVZILLA name/mark was simply not close enough to PARTZILLA, and that the similarity of a common suffix was not enough in this case to carry the day.

By | July 1, 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|

LEGO STAR WARS UDRP Decision Looks At Domains With Combined Marks

The well-known toy company LEGO Juris A/S filed a UDRP complaint on March 7, 2013 with the World Intellectual Property Organization (“WIPO”) against the holders of the domain name . The domain was registered to Respondent Mr. Miguel Angel Villen. The arbitration panelist ruled in favor of LEGO and, most importantly, explained in detail that taking another company’s brand or mark and adding third party marks will not reduce or eliminate confusion. It is also timely because it addresses questions that we raised in this blog almost a year ago when we reported on an NAF UDRP decision involving the LEGO and STAR WARS marks and the domain .

By | May 22, 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|

.Web Decision Looks To Future Of New gTLDs

Last week a Federal District Court threw out a lawsuit brought against ICANN on the basis that the asserted .WEB trademark was generic and therefore not subject to trademark protection. The case is important because the Court commented on the new gTLD program and reasoned that only "famous" names and brands would qualify as "trademarks" in the new .anything world, essentially mirroring precedent that has held the .com, .biz, and .info TLDs as generic terms or place identifiers.

By | February 11, 2013|

Combining Foreign Language Terms Not Enough To Distinguish www.thegioilego.com From LEGO Mark Under UDRP Law

In LEGO Juris A/S v. Le Thi Kim Phuong, a WIPO Arbitration panel found that the Respondent who had registered the domain name www.thegioilego.com was in violation of UDRP Policy because "the addition of generic or highly descriptive wording is 'typically regarded as insufficient to prevent threshold Internet user confusion.'"

By | November 13, 2012|