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

Domain/IP Lawyer Launches Website on TrademarkAttorneys.com


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 TrademarkAttorneys.com.

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 TrademarkAttorneys.com blog → Read More

Domain Contracts Can Be Critical


I had a situation last week where I wanted to close on a domain name, but the seller had concerns about the domain sales agreement I sent. Since I use a standard domain agreement I had created by a domain lawyer based in New York, I was a bit taken aback by his concerns. I thought about it for a few minutes and realized that I may have been the same way had someone random offered to buy a domain name I owned and then sent over a two page legal agreement for me to sign.

I explained to him the different sections of the agreement, which included a section discussing the cost and payment terms, a section where it states that the domain name isn't encumbered and/or had no trademark issues, a confidentiality clause, and other standard contract sections. I even explained that when he buys a big ticket item like a car or television, and even when he checks off a box of terms and conditions when registering a domain name, he is signing a contract.

In the end, I opted to move forward without the agreement rather than kill the deal. I was → Read More