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John Berryhill

Negotiation Dooms Complainant’s UDRP in Vallila.com Decision

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An interior design company in Finland called Vallila filed a UDRP to try and wrest control of the Vallila.com domain name from its rightful owner. The company operates on Vallila.fi, so owning the exact match .com domain name would have been ideal for them. Instead of buying the domain name, which the company tried to do but failed, the company opted to file a UDRP instead. They failed at that approach as well.

Vallila is a neighborhood in Helsinki, Finland. As such, owning the geographic exact match .com domain name is fair game. A company called Linkz Internet Services has owned Vallila.com for quite some time, and the Uniregistry-parked page has travel related advertising displayed.

In the UDRP decision, it was revealed that the company tried to acquire Vallila.com. The complainant discussed this in its filing, but apparently left out some pertinent information that was provided by the respondent's attorney, John Berryhill. Here's an excerpt from the section in the UDRP decision discussing Reverse Domain Name Hijacking: → Read More


NTI.com UDRP: Complaint Rejected

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There was another three letter .com domain name that recently became the subject of a UDRP proceeding: NTI.com. Because the NTI.com UDRP was filed at the Czech Arbitration Court (CAC), I didn't even realize the UDRP had been filed until I read the decision on UDRPSearch.com.

The owner of NTI.com was represented by domain industry attorney John Berryhill. The complainant is a company called NTI CADcenter A/S, which operates on the similar but inferior NTI.dk domain name. .DK is the ccTLD extension for Denmark.

I think the most important aspect of the UDRP decision can be found here: (more…) → Read More


John Berryhill’s PMC Recap Video

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A little over a week ago, industry attorney John Berryhill and I rode the 163 mile Pan-Mass Challenge bike ride to raise funds for Dana-Farber Cancer Institute. Together, with the help of colleagues, friends, and family, John and I helped to raise nearly $20,000 for DFCI.

John was filming throughout the ride and weekend, I want to share the video he posted yesterday. For those who are inclined, John and I are still hopeful to reach our fundraising goals. My PMC fundraising page is here and John's PMC fundraising page is here.

Have a look at the video when you have a chance. It was a great weekend for a great organization.

→ Read More


Complaint Denied in TNP.com UDRP

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In early April, I wrote about the TNP.com UDRP filing. As I suspected, the complaint was denied and the domain name owner will retain this valuable domain name. The domain owner was represented by attorney John Berryhill.

In order to win a UDRP complaint, the complainant needs to prove that the domain name is identical or confusingly similar to a trademark, that the domain owner has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith. All three elements need to be proven by the complainant to win the UDRP. In this particular UDRP proceeding, the panel concluded that the first element was not met by the complainant.

Although this would have been enough for the domain owner to retain the domain name, the panel decided to rule on the rights or legitimate interest aspect as well. The language used in the decision is a good one for domain name investors who own three letter .com domain names: (more…) → Read More


John Berryhill UDRP Defense to Benefit Dana-Farber Cancer Institute

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If you know John Berryhill or if you follow him on Twitter, you know that he is an avid bicyclist. He rides his bike regularly, including long rides during various domain industry conferences. A couple of years ago, I suggested he ride the Pan-Mass Challenge with me, and he took me up on this great two-day ride to raise funds for Dana-Farber Cancer Institute.

John has a unique and fun way to raise funds for his ride. John will offer a reward of a consultation on a UDRP defense and will prepare a UDRP Response if that defense is viable to (a) the first contributor who donates a minimum of $5,000 or (b) the top contributor who donates over $1000 to the Dana-Farber Cancer Institute via John's PMC fundraising page if the $5,000 reward is unclaimed at the time of the ride starts on August 5. This reward can also be designated by the qualifying contributor for John to defend a UDRP respondent who is unable to afford a defense.

I think John is one of the best domain name industry attorneys. There are many UDRP cases I could point to → Read More


RDNH Finding in Novelist.com UDRP Decision

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The Novelist.com UDRP was decided and published on the National Arbitration Forum (NAF) website. The decision went in favor of the owner of the domain name, WebMagic. The panel also concluded that this was a case of Reverse Domain Name Hijacking (RDNH). Domain attorney John Berryhill represented the domain owner in this UDRP.

The complainant in this UDRP turned out to be EBSCO Industries, Inc., which operates a website called NoveList. Because the UDRP was filed at the NAF, the complainant was not publicly revealed until the decision was published.

With any UDRP proceeding, the complainant needs to prove three things (paraphrased): the domain name is identical or confusingly similar to a trademark, the complainant has rights and legitimate interests in the name, and the domain name was registered and used in bad faith. Although the panel concluded the complainant proved the first aspect, the panel concluded that the domain owner has rights and legitimate interests in the domain name. Here's how the panel ruled on that aspect: → Read More


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