Home Legal News

Legal News

Coinbase Got CoinbaseNFT.com After Filing UDRP

1

In a blog post published yesterday afternoon, Coinbase announced that it would soon launch Coinbase NFT. According to the article Coinbase NFT will become “a peer-to-peer marketplace that will make minting, purchasing, showcasing, and discovering NFTs easier than ever.”

My guess is that Coinbase NFT will be found within the original Coinbase.com website, but the company also owns CoinbaseNFT.com. Whois records at DomainTools show that CoinbaseNFT.com is registered at MarkMonitor, and the domain name was created in March of this year.

GIVN.com UDRP Complaint Denied

1

GIVN.com was the subject a UDRP filing at the World Intellectual Property Organization (WIPO). The decision was published today, and the panelist, Robert A. Badgley, ruled in favor of the domain registrant. The complaint was filed by a company called GIVN Goods, Inc., which operates on GivnWater.com. The domain registrant was represented by Pillsbury Winthrop Shaw Pittman LLP.

According to the decision, the domain registrant purchased the domain name at auction. NameBio shows that GIVN.com was acquired via NameJet in May of this year for $6,400.

Respond with the Help of a Good Attorney

10

One of the things I have learned over the years is that no matter how descriptive a domain name is, there is always the risk that a company will believe it has more rights to the domain name than an investor has. Sometimes, a company will start off by sending a Cease & Desist letter (C&D) to the registrant in an effort to scare the registrant into giving up the domain name for nothing or a pittance. This can be the first salvo in a long legal battle or it can be the last communication.

Responding (or not responding) to a C&D letter may depend on the situation. While it might be tempting to respond on your own, particularly in the case of a serious overreach, I think it is best to hire a good IP attorney with domain name expertise to evaluate the situation and come up with a best response (or non-response). An attorney might suggest how to reply or might be able to write a strong response if necessary, depending on the exact situation.

Logan Flatt shared a brief snippet about a recent situation he was in and gave thanks to attorney Jason Schaeffer for his assistance:

ICA to Host Mock UDRP Hearing at NamesCon

1

The Internet Commerce Association (ICA) will be hosting a unique session at NamesCon this week. The ICA teamed up with the International Trademark Association’s Lori Schulman to host a mock UDRP hearing. This session will offer insight about the UDRP proceeding from all sides of a complaint using a fictitious UDRP dispute. I imagine this unique session will be something most domain investors could benefit from watching.

Participating on this panel are five individuals with extensive UDRP and legal expertise:

RDNH Finding in TOGG.com UDRP

1

A Turkish company officially known as Türkiye’nin Otomobili Girişim Grubu Sanayi Ve Ticaret Anonim Şirketi filed a UDRP against the 4 letter TOGG.com domain name at the World Intellectual Property Organization (WIPO). The panelist, Matthew Kennedy, ruled in favor of the domain registrant and found that the complaint was brought in bad faith (Reverse Domain Name Hijacking – RDNH). The domain registrant was represented by attorney John Berryhill.

According to the decision (published today), the complainant tried to withdraw the UDRP in order to reach a settlement with the domain registrant. The domain registrant was willing to allow the withdrawal if the complainant agreed to not re-file a UDRP or other legal dispute elsewhere. By not agreeing to this stipulation, the WIPO UDRP proceeding continued.

It looks like this was a fairly straightforward case for the domain registrant and its counsel to defend. The domain name was acquired well before the complainant existed, and without having knowledge about the complainant in advance, it would be impossible to prove the domain name was registered in bad faith. Here’s an excerpt from the decision covering that aspect:

Registrant Kicks Butt in Buttkicker.com UDRP

4

A UDRP was filed against the Buttkicker.com domain name at the National Arbitration Forum, and the decision was published today. The sole panelist, Michael A. Albert, ruled in favor of the domain registrant and also decided this was an instance of Reverse Domain Name Hijacking (RDNH). The domain name will remain with the registrant.

The UDRP was filed by The Guitammer Company, which operates a business on TheButtkicker.com. The domain registrant and respondent in this UDRP is Herschel Thompson, and he was represented by Roberto Ledesma of Lewis & Lin, LLC.

There were two reasons why the domain registrant was able to defend its registration.

The first reason is the panel found that the respondent haw rights to the domain name because it bought the domain name for a “smoking cessation program.” Here’s an excerpt from the decision regarding the registrant’s rights and legitimate interests in the domain name:

Recent Posts

Getting Equity is Not Usually the Answer

3
In response to my article yesterday, a couple of people suggested asking for equity from wanna-be startup entrepreneurs who can't afford to pay for...

No, I Won’t “Let it Go”

12
People don't seem to understand that domain investing is a business, and domain investors run their businesses to make money. In the last handful...

Donuts Hiring Business Development Manager

3
If you or someone you know is looking for a job in the domain name business, Donuts posted a job opening for a Business...

Upstream Provider Issue at Uniregistry Resolved – Data Updated by Friday

0
I have a small percentage of my domain names resolving to pay per click landing pages at Uniregistry. When I checked in on my...

Could Facebook Rebrand as “Meta?”

5
Late last night, The Verge published an article reporting that "Facebook is planning to rebrand the company with a new name," and it could...