Legal News

EU Gives More IP Protection to Food & Drink Producers

Did you know that some well-known food and drink varieties are protected intellectual property regulations? Popular types of drinks and foods that are protected by IP laws include Champagne, Kalamata Olives, Parmigiano Reggiano cheese, and Prosciutto di Parma. These protections have implications for domain name registrants.

According to a press release from the Council of the European Union, these IP protections are going to be strengthened by the EU. Interestingly, the press release specifically mentions domain names:

Pitstop.com UDRP: Whois Privacy Prevented RDNH

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When I saw a UDRP had been filed against PitStop.com by a company called Distribuidora Automotiva S.A., I spent a couple of minutes checking the Whois history at DomainTools. My non-legal conclusion was that this UDRP is DOA and it will result in a finding of Reverse Domain Name Hijacking (RDNH).

The domain name was defended by attorney John Berryhill, and the three member UDRP panel ruled in favor of the registrant. This was not a surprise. PitStop.com is a descriptive domain name, with the “pit stop” phrase used by brands and used generically throughout the world. One entity should not have the right to control the .com domain name for a descriptive term, in my opinion.

RedFig.com UDRP is a Nice Win for Investor

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A UDRP was filed against the RedFig.com domain name at the National Arbitration Forum (NAF). The complainant in the UDRP is a company called Redfig LLC, and the respondent is a domain investor who was represented by attorney John Berryhill. The decision was published this morning, and the registrant prevailed and will retain the domain name.

In its argument, the complainant tried to convince the panel the domain name was being used in bad faith because it was listed for sale for more than the registration cost of a domain name:

“Respondent registered and uses the domain name in bad faith. The Domain Name is listed for sale on a third-party site for a sum which is well in excess of the cost of purchasing a domain name from a registrar.”

That didn’t fly with the panel.

RDNH Finding on Playhouse.com UDRP

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A UDRP was filed against the generic one word Playhouse.com domain name at the World Intellectual Property Organization. The sole panelist, Robert A. Badgley, found in favor of the domain registrant and also ruled that this was Reverse Domain Name Hijacking (RDNH). The decision was published this morning on the WIPO website. Zak Muscovitch represented the domain registrant.

In the decision, the domain registrant’s sworn statement about acquiring domain names as investments was published:

IBA.com: Another RDNH Finding on 3 Letter .com Domain Name

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A Belgian company called IBA SA filed a UDRP against the valuable IBA.com domain name at the World Intellectual Property Organization. Not surprisingly, the sole panelist, Nick J. Gardner, ruled in favor of the domain registrant. The panelist also ruled this was Reverse Domain Name Hijacking (RDNH). The decision was published today.

The complainant attempted to acquire the domain name for $2,500 in 2021 using a domain broker. According to the panelist’s interpretation of the discussion between the broker and the complainant, the broker told the complainant it” should offer over USD 25,000 if it wishes to make a credible offer.”

Sage.ai Dispute Gives Guidance on Common One Word Domains

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Sage Global Services Limited is a well-known British company that is commonly known as Sage and operates on Sage.com. The company recently filed a UDRP at the World Intellectual Property Organization against the Sage.ai domain name, which is owned by a domain investor. The decision was published on Friday, and it was brought to my attention by the Internet Commerce Association.

The three member WIPO panel – John Swinson, W. Scott Blackmer, and Tony Willoughby – ruled in favor of the domain registrant. The panel declined to rule that this was Reverse Domain Name Hijacking, but that has little bearing on the outcome since the registrant will retain the domain name.

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