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Guest Post: Court Denies Motion Against WebQuest in Case


This is a guest post written by Brett Lewis of the Lewis & Hand law firm in Brooklyn, New York regarding a ruling from the lawsuit filed by, Inc.  Brett's firm is currently representing WebQuest. You can read some background on the bad UDRP decision on Mike's Blog. It looks like the litigation is off to a good start for WebQuest, and I wish them all the best in its legal battle for this valuable geodomain name.

In the case of, Inc. v. Hayward Industries, Inc., 1:10 cv00306-OWW-JLT, the Court denied Hayward Industries' motion for judgment on the pleadings, granting an early victory in the case to WebQuest.

Hayward Industries, which manufactures pool lights, pumps, and filters, had argued that even accepting all of the facts pleaded by WebQuest in its complaint as true, there was no question that WebQuest had acted in bad faith in registering the <> domain name.    The Court also granted WebQuest's motion to strike Hayward Industries' exhibits as "unnecessary → Read More

Domain/IP Lawyer Launches Website on


New York City-based intellectual property lawyer Brett Lewis (better known by many as a domain lawyer), from the law firm of Lewis & Hand, has launched a new website on the generic domain name

The website has started out as a blog, and it will eventually grow into a full-fledged trademark law website. The recently launched website is currently ranked No.2 on Bing and Yahoo, and it is on the second page of Google for the competitive keywords. It's an advantage of owning a keyword domain name that would have been much more difficult had Lewis tried to rank highly using his law firm's corporate domain name.

The domain name was purchased for an undisclosed sum a few months ago from well-known domain investor, Rob Grant. This was a name that had been previously up for auction, and I thought it would be a great buy for someone in that field.

When asked about his motivations for building the site, Lewis replied, "we're excited to own the name and to be developing a blog.   The blog → Read More

Buying Trademark Domain Names


Anyone who owns or has registered more than a handful of domain names has probably owned one or more names that infringe on the trademark of another company, whether its intentional or unintentional. Figuring out what domain names are dangerous to a domain portfolio is a big part of doing business as a domain investor.

Sometimes blatant trademarks pose no threat because the trademark holder doesn't seem to care, and other times seemingly generic domain names become issues when overreaching companies attempt to take domain names using the legal system - or threats of the legal system. You need to be aware of the risks involved with domain investing before jumping in head first.

On average, I receive a few emails a month that go something like this: "I own the domain name, and I am not sure if it's a trademark. What do you think?"

Although I would love to give my educated opinion when I get those emails, I almost always recommend that the person speak with a lawyer, since I have no legal experience. When I first → Read More