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ATC.com UDRP Won by Domain Owner

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In late March, I wrote about the ATC.com UDRP filing. ATC.com had been created back in 1990, and the complainant owned the domain name for many years. The decision was just made, and the domain owner will retain this valuable domain name. The ESQwire.com law firm defended the domain name on behalf of the owner.

The primary reason for the decision going in favor of the domain name owner was that the three person panel found that the "Complainant has failed to establish sufficient trademark rights to the letters ATC." Because of this finding, the panel did not have to decide whether or not the domain owner had rights or interest in owning the domain name, nor did the panel need to consider whether the owner had registered and used the domain name in bad faith.

In looking at the decision (which should be published publicly soon), it appears that the panel declined to consider Reverse Domain Name Hijacking for this UDRP proceeding. Since it does not appear in the decision, I do not know why it was not considered. Based on the → Read More


Fabricator.com Subject of UDRP

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A UDRP has been filed at the National Arbitration Forum (NAF) against the Fabricator.com domain name. The UDRP filing can be found on UDRPSearch.com, and it is case #1728625.

The current Whois record for Fabricator.com shows the owner is NameFind, a company that is owned by GoDaddy. Based on a historical Whois record from DomainTools, I believe this domain name was acquired in the major Marchex domain name portfolio acquisition. I am not sure when Marchex acquired this dictionary .com domain name.

At the time of publication, the Fabricator.com landing page has a generic search box with some popular keywords showing. I am not familiar with this type of PPC landing page, as it looks different than others I have seen in the NameFind portfolio. From my perspective, there shouldn't be anything wrong with the business model of generating revenue from pay per click advertising on a keyword domain name. Fabricator.com is listed for sale on Afternic with a minimum opening offer of $32,500.

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Because the UDRP was filed at → Read More


James Fenwick Retains Fenwicks.com After UDRP

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I recently reported that the 1996-registered Fenwicks.com domain name was the subject of a UDRP proceeding. Of note, the domain name appeared to be owned by the same person, James Fenwick, for many years. It was surprising to see a UDRP filed against a domain name with those circumstances.

Yesterday afternoon, I saw that the status of the UDRP had been changed to "Terminated." A Whois search showed me that the domain name was still owned by the same registrant as before, so it did not appear that the owner lost or sold the domain name. I reached out to Mr. Fenwick to see what happened with the UDRP and find out if he was able to reach a deal with the complainant. Mr. Fenwick was kind enough to reply and share an update that he allowed me to share publicly:

"I retained Stevan Lieberman who successfully assisted in showing that my right to the domain name extended over the past twenty-one years.

Given the evidence the complainant decided to withdraw. And no, I did not sell the domain name even though a purchase was offered by → Read More


“Allegations of Theft are Outside the Limited Scope” of the UDRP

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A UDRP was filed at the World Intellectual Property Organization for 74 domain names. When I saw the filing, I thought it was a bit strange since the domain names didn't seem to have much in common. This was peculiar since it would mean the complainant would need to prove the domain owner was cybersquatting on a variety of terms and/or marks.

The decision was published on the WIPO website this morning, and it appears that the complainant filed the UDRP because of an alleged theft of the domain names. According to the decision, the complainant contended "that the Respondent registered the disputed domain names in bad faith as the Respondent hacked into the Complainants’ GoDaddy accounts and changed the registrant information for the disputed domain names to the Respondent’s personal information without the knowledge or consent of the Complainants."

Unfortunately for the complainant in this UDRP case, the sole panelist (Linda Chang) ruled in favor of the domain registrant, who did not file a response to the UDRP. In the → Read More


Instagram Goes After Instagram.tv Domain Name

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InstagramInstagram filed a UDRP at the World Intellectual Property Organization to get the Instagram.tv domain name. This isn't all that surprising to me, but it is surprising that it took the company so long to go after the domain name. Instagram has filed quite a few UDRPs to take possession of typos and Instagram-related domain names.

Instagram.tv was created in January of 2011. The domain name appears to be registered to someone in China. Instagram originally launched in October of 2010, approximately three months before the Instagram.tv domain name was created.

It appears that the same registrant who owns Instagram.tv also owns Instagram.net, which was registered in November of 2010 (one month after Instagram launched). The registrant email addresses are a bit different, but it looks like it is the same registrant. Strangely, Instagram (more…) → Read More


SOG.com Subject of UDRP

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A UDRP was filed against the valuable three letter .com domain name, SOG.com. The UDRP was filed at the National Arbitration Forum (NAF), and it is listed as case #1726464. I will be following this UDRP via UDRPSearch.com.

SOG.com is owned by a company called Poise Media Inc. that appears to be based in New York. Using DomainTools' Historical Whois Tool, I was able to see that the registrant appears to be the same since February of 2007, meaning that it has been owned for over ten years. SOG.com was created in April of 1996, so this domain name is over 20 years old.

SOG.com is currently monetized with pay per click advertisements using Sedo. The domain name is also listed for sale on Sedo where it has a $40,000 minimum offer requirement. I am not sure how long the domain name has been listed for sale. SOG.com is clearly valuable, with Estibot pegging its value at $370,000. I do not see any public sales record for this domain name on NameBio.

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The NAF does not reveal the name of the complainant until the UDRP decision is → Read More


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