Legal News

Aveed.com UDRP Panel Acknowledges Domain Auction Purchase

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Attorney Jason Schaeffer of ESQWire.com recently won a UDRP proceeding in defense of Aveed.com. The UDRP was filed at the World Intellectual Property Organization (WIPO). Although the three member panel did not rule give a RDNH ruling, I think some of the language in the decision could prove to be useful to investors.

Aveed.com was acquired by a domain investor for $1,025 on January 16, 2021. The decision did not mention it, but NameBio shows the domain name was sold via GoDaddy Auctions. This means the auction would have been available for anyone to participate, including the complainant.

Here’s an excerpt from the decision where the panel opined on the strategy of acquiring domain names for investment purposes via expiry domain auction:

Hallmark Files UDRP Against Mahogany.com (Updated)

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Yesterday afternoon, I noticed a UDRP was filed against the high value, one word, Mahogany.com domain name. Because the UDRP was filed at the NAF, the complainant was not publicly known. There are hundreds of companies that have the word Mahogany as part of their branding, and in addition, there are many companies that sell mahogany, a popular high-end type of timber.

It was pointed out to me on Twitter that Rob Monster posted a copy of the notice he received regarding this UDRP since Mahogany.com is registered at Epik. Apparently, the complainant in the UDRP is Hallmark Licensing, the greeting card company:

“Catch-All” Email Pitch Leads to Losing UDRP

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I’ve heard differing opinions about setting up a catch all email for domain names owned by investors. What this means is that any email sent to any email address for that domain name will be delivered to an inbox controlled by the domain registrant. Whether emails received are typos or spam messages, everything gets delivered. I have never been a fan of doing this, and a recent UDRP loss illustrates why it can put a domain name in peril.

A UDRP was filed against Magna.CO at WIPO. The complainant, Magna International Inc.,  uses the Magna.com domain name for its website. When I saw that the Magna.CO domain name was lost in the UDRP, I was curious to see what happened. In my opinion, without considering the usage of the domain name, Magna seems like a generic term. As such, Magna.CO should conceivably be safe to own.

Registrant Gives Up Domain Name But Wins UDRP

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A company called Pet Plan Ltd. filed a UDRP against MyPetPlans.com at WIPO. This company has filed many successful UDRPs to protect its intellectual property, so it’s not a big surprise it took issue with this particular domain name. The complainant lost the UDRP proceeding but ended up getting control of the domain name despite this. The UDRP is WIPO Case No. D2021-0062.

The domain registrant did not submit an official response to the UDRP. Instead, upon receiving notice of default, the domain registrant told WIPO, “This dispute has been resolved via Nominet and the domain has been transferred to the complainant.” Presumedly because the UDRP was already paid for, the respondent’s preemptive decision to hand over the domain name did not cause the panel to terminate the UDRP or simply decide in favor of the complainant.

RDNH on HSIL.com and SHIL.com UDRP

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A three member UDRP panel decided the SHIL.com and HSIL.com UDRP was brought in bad faith, and a Reverse Domain Name Hijacking (RDNH) ruling was made. The decision has not yet been published at the World Intellectual Property Organization, but it is case WIPO D2020-3416 and should be made public tomorrow.

The complainants in the UDRP are listed as HSIL Limited, Somany Home Innovation Limited / SHIL Ltd and Brilloca Limited. I was a bit confused about why different companies filed a single UDRP for more than one domain name, but it appears the companies are related to each other.

These two domain names are owned by a company called Get On The Web, which owns many short and valuable acronym domain name. Attorney John Berryhill represented the domain registrant in the UDRP, and he put up a strong case to defend the rights of the registrant and show that the UDRP should not have been brought at all. Not only did the panel rule in favor of the domain registrant, but the panel discussed several reasons for why this UDRP constituted RDNH:

Use a Lawyer with Domain Name Expertise

There are many great Intellectual Property lawyers who are familiar with domain names and laws regarding domain names. I think there are few attorneys who I believe have domain name expertise. These domain name lawyers know the ins and outs of the law as it specifically pertains to domain names. They can be particularly helpful to domain name investors who might face legal challenges.

This morning, Nat Cohen posted a series of tweets about how attorneys with domain name expertise have helped his business over the years:

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