Posts Tagged ‘Cybersquatting Cases’

The Worlds Largest Steel Producing Company ArcelorMittal Awarded 5 Cybersquatted Domain Names in WIPO Dispute Arbitration Proceeding

Monday, August 9th, 2010

Ranking in at 99th on the 2010 Fortune Global 500 list, the largest steel producing company in the world won a cybersquatting judgment in a World Intellectual Property Organization (WIPO) dispute arbitration proceeding. In 2007 alone, The Avenue de la Liberté, Luxembourg headquartered ArcelorMittal produced 116 million tonnes of crude steel representing 10% of the world’s steel output.

cybersquatting and domain name dispute complaintsIn its complaint arguing for the panel to recognize the uniqueness of the ‘ARCELOR’ mark, ArcelorMittal stated, “It has no meaning in English or in any other language. A Google search of the word “arcelor” displays several results, all related to the complainant (ArcelorMittal).”

Continue reading The Worlds Largest Steel Producing Company ArcelorMittal Awarded 5 Cybersquatted Domain Names in WIPO Dispute Arbitration Proceeding »

Cybersquatting Cases Update: Zuccarini Threatens Legal Action Against Auctioneers Readying to Auction Off His Remaining Domain Names

Friday, August 6th, 2010

There is a proposed court order, still currently under consideration, to the effect that John Zuccarini’s remaining domain names will be sold at the TRAFFIC conference in Dublin taking place in October. The Zuccarini domain names would be sold to settle tax liens and a cybersquatting judgment against Zuccarini brought by Office Depot.

Apparently Zuccarini has contacted auction promoter Rick Latona and TRAFFIC organizers Rick Schwartz and Howard Neu, with threats of legal action if they proceed with auctioning off the remaining domain names.

In response to the letters, Henry M. Burgoyne of Kronenberger Burgoyne, LLP, filed an application of contempt of court (PDF – courtesy of DomainNameWire) by Zuccarini for allegedly interfering with the auction plans.

Continue reading Cybersquatting Cases Update: Zuccarini Threatens Legal Action Against Auctioneers Readying to Auction Off His Remaining Domain Names »

Metropark USA Wins Domain Name from a Cybersquatter in in rem Default Judgment

Friday, August 6th, 2010

U.S. Magistrate Judge Theresa Carroll Buchanan granted Plaintiff Metropark USA a permanent injunction transferring ownership of Defendant www.Metropark.net in the Anti-cybersquatting Consumer Protect Act and federal trademark infringement in the case Metropark United States v. Metropark, 2010 U.S. Dist. LEXIS 78674 (D. Va. 2010).

The decision (but because it is a Magistrate ruling it is really only a recommendation) was rendered and entered in default on July 8, 2010 in the U.S. District Court for the Eastern District of Virginia, Alexandria Virginia. In this federal cybersquatting claim, the D.C. for the E.D. Virginia exercised in rem jurisdiction over Defendant Domain Name www.Metropark.net and because the Domain Name registrant failed to reply to the complaint or otherwise appear before the court in these proceedings the Magistrate judge entered her recommendation in a default rulingcybersquatted trademark domain name against the Defendant Domain Name.

Brief history of the parties involved;

Continue reading Metropark USA Wins Domain Name from a Cybersquatter in in rem Default Judgment »

Healthcare Giant Novo Nordisk Loses its UDRP Challenge to FlexTouch.com

Monday, June 14th, 2010

Novo Nordisk is a giant in the Healthcare industry that has registered the FlexTouch trademark but before it could begin to use FlexTouch in conjunction with commercial purposes, Andrew Melcher of La Jolla, California, registered FlexTouch.com and began using it as a parking page supporting links to electronics and computers.

Novo Nordisk had registered the FlexTouch trademark with the commercial goal of advertising the FlexTouch product as an aid in pharmaceutical preparations for the treatment of diabetes.trademark law

On March 19, 2010 the lone panelist Brigitte Joppich writing for the WIPO Arbitration and Mediation Center  in the WIPO case of Novo Nordisk A/S v. Andrew Melcher, Case No. D2010-0095, rendered an Administrative Panel Decision. That full decision can be found here.

Continue reading Healthcare Giant Novo Nordisk Loses its UDRP Challenge to FlexTouch.com »

Famous Piano Maker ‘Steinway’ Loses Cybersquatting Case Against Alleged Cybersquatter

Monday, June 7th, 2010

cybersquatting caseIn news posted on June 2nd, the famous maker of pianos, Steinway, lost a cybersquatting case over control of the website www.american-steinway.com.

The case of Steinway, Inc. v. Carey Simon, is very shortly and aptly summarized at Cybersquatting.com;

“Steinway, Inc. the acclaimed manufacturer of pianos, recently lost a cybersquatting action to recover the domain name www.american-steinway.com, While the cybersquatting panel found that Steinway had a federal trademark registration for the STEINWAY way, the panel also found that the registrant of the domain name had been in the business of buying, restoring, and selling Steinway pianos for several years, and had used the domain name in its nominative sense. Therefore the panel found that the registrant had rights in the STEINWAY mark and did not use the domain name in bad faith. Thus, the panel denied Steinway’s claim.” Continue reading Famous Piano Maker ‘Steinway’ Loses Cybersquatting Case Against Alleged Cybersquatter »

Domains Attached to a Legal Judgment Accidently Auctioned Off on NameJet, Catching $65,000

Monday, June 7th, 2010

On June 4th over at Domainnamewire, an article was posted about a surprise auction of domain names, all largely based on misspellings of ‘government grants’ and variations thereof, totaling $65,000. These domain names were sold on May 25th at NameJet, and were all previously domains registered at Network Solutions.

The unusual story behind the sale of these domain names began with a judgment (later reaffirmed) against the notorious cybersquatter John Zuccarini. Back in October of 2000, the US DC for the ED of Pennsylvania rendered a $500,000 verdict against Zuccarini for violating the Truth in Domain Names Act. That decision can be found here. The US CoA for the 3rd Circuit affirmed the trial court’s decision on June 15, 2001 and ordered Zuccarini to pay additional statutory damages totaling $50,000.

That decision can be found here.

The courts found those judgments against Zuccarini were proper because in addition to ‘typo squatting’ on popular trademarks such as Hot Wheels, Cartoon Network, and Homestar Runner, he was also embroiled in the unsavory practice of redirecting traffic from young audience websites to websites containing child pornography. This practice is in direct violation of the Truth in Domain Names Act and was a substantial stimulus in passing the act. Continue reading Domains Attached to a Legal Judgment Accidently Auctioned Off on NameJet, Catching $65,000 »

Film Academy Targets GoDaddy in Cybersquatting Lawsuit, Over 100 Domain Names at Issue and up to $10 million in Potential Damages

Thursday, June 3rd, 2010

The Academy of Motion Picture Arts and Sciences, (Film Academy) has recently filed a 134 page complaint against GoDaddy.com, for trafficking in unauthorized trademarks.

GoDaddy.com is a supergiant in the domain registration business and is also the same brain behind the memorable 2009 Super Bowl ad, which featured the star female race car driver Danica Patrick.cybersquatting lawyers

The Hollywood Reporter noted that the over 100 domain names targeted in the suit mostly involve the Film Academy’s prestigious and trademarked “Oscars”. Targeted domain name examples include 2011oscars.com, academyawardz.com, jaylenososcars.com, betacademyawards.com, oscarsunplugged.com, oscarshotels.com, oscarstravel.com, oscarsliveblogging.com. Continue reading Film Academy Targets GoDaddy in Cybersquatting Lawsuit, Over 100 Domain Names at Issue and up to $10 million in Potential Damages »