201905.12

Thesun.com: “the sun shines for everyone”

Can trademark owners such as “The Sun” prohibit third parties from registering domain names that are identical to those trademarks? The issue raised is that of weakly distinctive trademarks because of the genericity of the word or words of which they are composed. Owners of such trademarks are inexorably exposed to stiff competition in the…

201904.14

Trademarks and domain names: it’s hard to be an acronym trademark!

At the conclusion of the WIPO D2019-0263 case, the panelist rejected the request from Groupement des cartes bancaires to obtain the transfer of the domain name cb.markets (WIPO, D2019-0263, Grouping Bank Cards v. Domain Administrator, Coinbase, Inc., April 2, 2019, denied). It is essentially on the ground of the criterion relating to the right or…

201809.27

Cambridge.org v. Carnbridge.org: a UDRP Case on Typosquatting and Identity Theft

The University of Cambridge started a UDRP proceeding under the auspices of the World Intellectual Property Organization’s Arbitration and Mediation Center to obtain the transfer of the unsettling domain name carnbridge.org. The transfer of the domain name was ordered (WIPO, D2018-1542, The Chancellor, Masters and Scholars of the University of Cambridge v. Sunny Legend, September…

201808.03

Frivolous UDRP Complaints: Time to Claim Damages

Innovation HQ, Inc. has owned the domain weeds.com for several years. At the end of 2017, the domain name led to a single page with links made up of generic terms related to horticulture and gardening. This page also announced that the domain name was for sale. Weeds, Inc. owns trademarks that include the word…

201806.25

The Financial Evaluation of a Domain Name in a UDRP Proceeding

A Taiwanese company registered the disputed domain name senec.com in 2002. A German company, the owner of European trademarks “SENEC”, initiated a UDRP procedure. On the day of receipt of the UDRP complaint by the Arbitration and Mediation Center of the World Intellectual Property Organization (AMC-WIPO), the domain name gave access to a parking page…

201806.15

Viking.com or the saga of a raid lost in advance

A UDRP decision rendered by WIPO arbitration center the 23rd of February 2018 saw the complaint of Aurelius RHO GTM Development Limited regarding viking.com, whose registrant was Office Depot Inc, being rejected and qualified as “Reverse Domain Name Hijacking” (RDNH). What is RDNH ? A company filing a UDRP complaint with deficient legal grounds with regards…