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UDRP

Why Aren’t Domain Industry Lawyers UDRP Panelists?

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One thing I noticed is that it seems there are UDRP panelists who either represent clients in UDRP proceedings or work at law firms that represent clients in UDRP proceedings. Based on my own recollection, I don't believe there are any domain name lawyers (who are also experienced in intellectual property law) who serve as a UDRP panelist.

When a domain owner has a domain name that is the subject of a UDRP proceeding, one would expect the UDRP panelist(s) to be experienced intellectual property attorneys. Understanding and having IP experience is necessary when considering cases involving IP-related issues.

That being said, I think every domain name investment industry lawyer has a background in intellectual property and trademark law. There are quite a few exceptional attorneys who regularly represent domain investor clients, and I don't understand why none of them seem to serve as panelists for WIPO or NAF UDRP cases.

UDRP panelists need to be neutral when serving, and I would imagine domain investment industry attorneys → Read More


Kion.com Subject of UDRP

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A UDRP was filed at the World Intellectual Property Organization (WIPO) for the Kion.com domain name. The UDRP complaint is listed as WIPO Case D2017-0025.

Kion.com is over 20 years old, having been registered in August of 1996. The current registrant of Kion.com is listed as "Kion Printing Inc." based in California. The DomainTools Whois History Tool shows that this company has been the registrant of Kion.com since at least 2001. DomainTools doesn't have an archived record from before 2001, so it is very likely the company has owned the domain name for even longer that this.

At the time of publication, Kion.com does not resolve for me, and I am sent to an ISP error page. Archive.org seems to indicate that the domain name hasn't had a website since 2010. Estibot says this 4 letter aged .com domain name is worth $19,000.

The complainant in this UDRP is an entity called KION Material Handling GmbH. (more…) → Read More


Curt Schilling Files UDRP for CurtSchilling.com

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In one of the final UDRP filings of 2016, legendary baseball player Curt Schilling has filed a UDRP against the CurtSchilling.com domain name. The UDRP was filed at the World Intellectual Property Organization, and it is WIPO case #D2016-2642.

CurtSchilling.com has a creation date of October 22, 2012. Based on this creation date, my guess is the domain name was acquired via drop auction (or drop catching service) since the domain name had been previously registered. I do not see a public sale record for this domain name at NameBio, so that is a guess and I am unsure of the purchase price. At the time of publication, CurtSchilling.com forwards to SnackSmarter.com, which has a "coming soon" landing page with contact information on it.

For those who aren't familiar with Curt Schilling, he is (more…) → Read More


Gstaad.com Subject of UDRP

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gstaad-com-domain-name-udrp

A UDRP has been filed against Gstaad.com at the World Intellectual Property Organization (WIPO). The case is WIPO Case D2016-2601.

Gstaad is an area of Switzerland known for its world class skiing. You can read more about Gstaad in this Ski.com write-up. The Gstaad.com domain name has a creation date of October 31, 1995, making over 20 years old. The domain name appears to be registered to a registrant in Monte Carlo, and the domain name currently forwards to a website found at 3780gstaad.com.

According to NameBio, Gstaad.com sold for $31,250 at auction via SnapNames back in 2006. For an unknown reason, it is not listed in the DNJournal sales report for 2006, but had it been, it would have been in the top 25 public sales for the year.

The complainant in this UDRP is listed as (more…) → Read More


Amazon UDRP Shows Domain Difficulty Brands Face

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nafAmazon recently won a UDRP for 42 domain names, and I think the list of domain names really helps to illustrate the trouble with domain name protection that brands face. The UDRP was filed at the National Arbitration Forum, and it is case #1701041. Amazon was represented by Fabricio Vayra of Perkins Coie LLP.

The domain names that were included in this UDRP are all very similar: amazonshippingcenter01.com, amazonshippingcenter02.com, amazonshippingcenter03.com...etc. through amazonshippingcenter42.com. As you can see, all of these domain names have the Amazon brand in them, and it seems to me that they could be potentially used in a manner that would appear to be associated with Amazon. In the single panelist ruling, the domain names have been ordered to be transferred to Amazon.

Although a UDRP win is probably satisfying for the complainant and its legal team, it seems like there could be an endless (more…) → Read More


UDRP Record Set at WIPO

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wipo-logoLast month, I reported that there appeared to be more gTLD UDRP cases filed at the World Intellectual Property Organization (WIPO) in 2016 than in 2015. At the time of my article, the highest case # (case filings are in numeric order) was WIPO Case D2016-2392. In my article, I predicted that this year will have the most gTLD UDRP case filings at WIPO than any other year, and it looks like that prediction came true.

Although it wasn't exactly a difficult prediction to make based on the rate of filings, it looks like there are now more cases filed in 2016 than there were in 2012, which appears to have had the most filings. In 2012, the highest case number was D2012-2549. As of this morning, the current case # for 2016 is D2016-2560, a UDRP filed by Philip Morris USA Inc. against the Marlboro.Press domain name. Unfortunately for Philip Morris, the company is all too familiar with UDRP proceedings (the company seems to have a tremendous win record though).

I believe the number of UDRP filings at WIPO this year is so high → Read More


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