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UDRP

ICA Issues Important Statement Following Devex.org UDRP Decision

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Zak Muscovitch, interim General Counsel of the Internet Commerce Association (ICA), took the rare step of issuing a statement on behalf of the ICA following a controversial UDRP decision that could impact future UDRP decisions should the same wrong approach be applied. You'll want to read the ICA's statement on CircleID urging UDRP panelists to follow the policy rather than seemingly set their own guidelines. The Devex.org decision could be one cited by future complainants, and I am glad to see the ICA call it out.

For domain investors, the most concerning aspect of the decision can be found in the section discussing registration and use in bad faith. The decision states:

"Respondent’s apparent belief at the time it registered <devex.org> that someone, at some time in the future, might cultivate trademark rights in DEVEX which Respondent could then exploit obviates any requirement that to succeed under the UDRP the respondent must have contemplated a particular trademark holder and/or a particular trademark."

What this seems → Read More


DME.com Subject of UDRP Filing

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A UDRP was filed at the National Arbitration Forum (NAF) against the valuable DME.com three letter .com domain name. The  filing can be seen at UDRPSearch.com, and it is case #1759818.

DME.com was created in June of 2001, making the domain name 16 years old. The registrant of the domain name is listed as DME Online Services, Ltd., so it would make sense that it owns the matching DME.com domain name. Using DomainTools' Whois history tool, I can see that the same registrant has owned DME.com since at least June of 2007 (over 10 years). When I visited DME.com this morning, I was forwarded to a landing page with pay per click advertising.

As a three letter .com (LLL.com) domain name, DME.com is quite valuable. DomainIQ pegs its value at (more…) → Read More


Weeds.com UDRP: Reverse Domain Name Hijacking Ruling

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In early August, a UDRP was filed against Weeds.com, Weeds.net, and Weeds.org. As I noted when I first saw the filing, the domain names did not appear to be owned by one single entity. As a result, it seems that Weeds.net and Weeds.org were removed from the UDRP filing, so WIPO Case D2017-1517 is now showing that it is only for Weeds.com.

I just learned that the UDRP was decided, and the three person panel ruled in favor of the domain owner. In addition, the panel found that this was a case of Reverse Domain Name Hijacking (RDNH). The domain owner was represented by attorney Zak Muscovitch of Muscovitch Law P.C., Canada.

Because of the panel's findings in the section about registering and using the domain name in bad faith, it looks like the panel took a pass on ruling about the domain name being identical or confusingly similar as well as whether the domain owner had rights or legitimate interests in the domain name. In the section about registering and using the domain name in bad faith, the panel did not find in favor of → Read More


IVI.com Subject of UDRP Filing

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IVI.com

Another valuable three letter .com domain name is the subject of a UDRP proceeding at the World Intellectual Property Organization. A UDRP was filed against IVI.com, and it is WIPO Case D2017-2240.

The owner of IVI.com is WebMD, a publisher of health news and information. IVI.com was created over 25 years ago, in June of 1992. When I visited IVI.com this morning, the domain name did not resolve for me. It looks like WebMD and/or a related entity has owned the IVI.com domain name since the 1990s.

The company that filed the complaint is listed as Equipo IVI SL. A Google search for that entity showed me a website with the homepage title, IVI-RMA is the largest Assisted Reproduction group in the world. That company operates on the inferior (more…) → Read More


Kitchens To Go Tries to Get KTG.com via UDRP

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A company called Kitchens to Go filed a UDRP against the valuable KTG.com domain name at the World Intellectual Property Organization. This UDRP filing is WIPO Case D2017-2241.

KTG.com has a creation date of February 22, 2001, where it was picked up on the drop as Archive.org shows some entries prior to that. The domain registrant appears to be an entity with an address in Belize. When I visited KTG.com this evening, I was forwarded to a Domain Holdings inquiry page, indicating the domain name is likely listed for sale. I don't see any public sales history for this domain name on NameBio.

The complainant in this case is a company called Kitchens to Go. Obviously the acronym of KTG would explain why Kitchens to Go would want to own this domain name. I took a brief look at the company's website, and I do not see any references to "KTG" on the homepage. On the (more…) → Read More


Viking.com Subject of UDRP

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There's a peculiar UDRP filing at the World Intellectual Property Organization that I noticed last night. It looks like a UDRP was filed against the Viking.com domain name, and it is WIPO Case D2017-2174.

A Whois search shows that Office Depot, Inc. is the current registrant of Viking.com. DomainTools shows that Office Depot has owned Viking.com since at least 2004. It looks like Viking.com forwards to viking-direct.co.uk, which appears to be a separate brand from Office Depot. This Viking-branded website also sells office products, and based on the currency shown to visitors, my guess is the target audience is UK-based buyers.

The complainant in the UDRP is listed as Aurelius RHO GTM Development Limited. I had never heard of the company before, so I did a Google search to see why the company may have filed a UDRP, and here is where I was confused. According to this press release from 2016 published on Business Wire, "Office Depot, Inc. (NASDAQ:ODP) today announced that it intends to sell its European business to The → Read More


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