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Guest Post: Court Denies Motion Against WebQuest in Hayward.com Case

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This is a guest post written by Brett Lewis of the Lewis & Hand law firm in Brooklyn, New York regarding a ruling from the Hayward.com lawsuit filed by WebQuest.com, Inc.  Brett's firm is currently representing WebQuest. You can read some background on the bad  Hayward.com 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 WebQuest.com, 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 <Hayward.com> domain name.    The Court also granted WebQuest's motion to strike Hayward Industries' exhibits as "unnecessary → Read More


WebQuest Files Lawsuit Over Hayward.com

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A couple of weeks ago, Hayward.com was awarded to the complainant, Hayward Industries in a UDRP decision. It comes as no surprise that the owner of the domain name, WebQuest.com, Inc, filed a lawsuit to retain this geographical domain name. The lawsuit was filed yesterday in the Fresno office of the California Eastern District Court.

Lawsuits may be expensive, but they are necessary when it comes to asset protection. Companies should realize that while a UDRP may seem like an inexpensive and cost-effective way to take possession of a high value domain name, a favorable UDRP decision will almost certainly end up in court, where both parties will need to engage in an expensive legal battle.

Thanks to George for the tip. → Read More