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Ari Goldberger

RDNH Finding on MagicPlan.com UDRP

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A UDRP was filed earlier this year against the MagicPlan.com domain name at the National Arbitration Forum, and the decision was published this morning. The UDRP was defended by Ari Goldberger and Jason Schaeffer of ESQWire.com on behalf of the domain owner. In addition to winning the UDRP, the three member panel found that this was a case of Reverse Domain Name Hijacking (RDNH).

The first bit of good language for domain investors that was published in the decision came in the "Rights or Legitimate Interests" section. This discussion centered around the respondent's business model as a domain investor, and it cited quite a few examples of similar types of domain names owned by the registrant in showing that the complainant's business was not targeted. This section also referenced other UDRP decisions acknowledging that domain investing is a legitimate business. Here is an excerpt from this section:

"A respondent may register and use a domain name to attract internet traffic based upon the appeal of a commonly used descriptive → Read More


ATC.com UDRP Won by Domain Owner

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In late March, I wrote about the ATC.com UDRP filing.  ATC.com had been created back in 1990, and the complainant owned the domain name for many years. The decision was just made, and the domain owner will retain this valuable domain name. The  ESQwire.com  law firm defended the domain name on behalf of the owner.

The primary reason for the decision going in favor of the domain name owner was that the three person panel found that the "Complainant has failed to establish sufficient trademark rights to the letters ATC." Because of this finding, the panel did not have to decide whether or not the domain owner had rights or interest in owning the domain name, nor did the panel need to consider whether the owner had registered and used the domain name in bad faith.

In looking at the decision (which should be published publicly soon), it appears that the panel declined to consider Reverse Domain Name Hijacking for this UDRP proceeding. Since it  does not appear in the decision, I  do not know why it was not considered. Based on → Read More


Three Wins in a Row for ESQwire

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Attorneys Jason Schaeffer and Ari Goldberger of ESQwire.com are having a great week. Earlier today, I wrote about their successful defense and RDNH finding on the Uniks.com UDRP and the successful defense of the Meryl.com UDRP. This afternoon, Jason Schaeffer shared a third UDRP victory the law firm scored on behalf of a client.

In the yet to be published online UDRP decision at the World Intellectual Property Organization (WIPO), ESQwire successfully defended the galec.com domain name on behalf of its registrant. The complainant in this UDRP filing was listed as Societe Cooperative Groupements d'Achats des Centres Leclerc, SC GALEC.

Here is an excerpt from the decision that is most relevant to the finding that the complaint was denied: (more…) → Read More


RDNH Finding in Uniks.com UDRP

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A company called UNIKS APP, S.L. of Barcelona, Spain filed a UDRP at the World Intellectual Property Organization for the Uniks.com domain name. The domain name owner (respondent) was represented by ESQwire.com, the Internet and domain name focused law firm led by Ari Goldberger and Jason Schaeffer. Interestingly, it is the second UDRP victory of the week for ESQwire, which also represented the owner in the Meryl.com UDRP.

To get straight to the point, this three member WIPO panel decided in favor of the respondent, who will retain the Uniks.com domain name. In fact, the panel ruled that this was a case of Reverse Domain Name Hijacking. In a  harshly written tone, here's how the panel ruled in that regard: (more…) → Read More