Posts Tagged ‘domain name disputes’

Cybersquatting Over Trademark Rights in Domain Names: Adultcon Says Exxotica’s Trademark is Generic

Friday, August 20th, 2010

In an article posted on Thursday on Xbix, the dispute between two adult fan-show giants, Exxxotica and Adultcon was highlighted. The adult entertainment companies are gearing up to square off against each other in court in a dispute over ownership and use of 19 allegedly infringing domain names.

domain name dispute cybersquatting lawsuitThe cybersquatting lawsuit was filed this earlier this summer in June by Exxxotica. Exxxotica is seeking the maximum statutory damage award ($100,000 for each cybersquatted domain name) under the Anti-cybersquatting Consumer Protection Act (ACPA).

The dispute between the adult fan-show companies has at its epicenter the Los Angeles Convention Center, where Adultcon has been holding shows for years. However, this year Exxxotica decided to expand its fan base (which normally is covered by Exxxotica shows in Miami and New Jersey) into the L.A. market by scheduling a show at the same venue Adultcon has been regularly hosting adult show events.

Continue reading Cybersquatting Over Trademark Rights in Domain Names: Adultcon Says Exxotica’s Trademark is Generic »

Heavenly Valley Trademark Owner Wins ChateauHeavenlyVillage.com by Default Judgment in Cybersquatting Lawsuit

Tuesday, July 27th, 2010

The case is Heavenly Valley, LP, et al., vs. Lake Tahoe Development Company, LLC, CIV. NO. S-09-1533 FCD GGH, U.S. District Court for the Eastern District of California, (July 22, 2010 U.S. Dist. LEXIS 74488) and was heard before U.S. Magistrate Judge Gregory G. Hollows.

cybersquatting lawsuitPlaintiffs Heavenly Valley filed the complaint on June 3, 2009 alleging that Defendant improperly and without authorization used the ‘HEAVENLY’ trademarks in the name ‘The Chateau at Heavenly Village.’

A quick search through the Trademark Electronic Search System (TESS) revealed that among the myriad ‘HEAVENLY’ federally registered trademarks the Plaintiffs Heavenly Valley, a Delaware corporation limited partnership, are the registered owners of the ‘HEAVENLY VALLEY’ mark, Serial No. 74151462.

Continue reading Heavenly Valley Trademark Owner Wins ChateauHeavenlyVillage.com by Default Judgment in Cybersquatting Lawsuit »

Good Faith and Bad Faith Analyzed in N.D.C.A. Cybersquatting Claim Brought Under the ACPA – Rearden LLC., v. Rearden Commerce

Friday, July 23rd, 2010

Judge Patel presiding over this case in front of the Northern District of California’s District Court provides Internet Lawyers and lay readers alike with a few great examples of conduct that does / does not constitute ‘good faith’ in a cybersquatting claim brought under the ACPA.

1) A presumption of bad faith flows directly from any indication that a domain name owner, after already being accused of cybersquatting on a mark, registered additional domain names infringing (potentially) on the complainant’s mark to exacerbate the conflict. Instead, any party registering domain names that may potentially be infringing should register those domain names ‘as part of its program to connect with customers’.

2) A presumption of conduct indicating good faith is supported when a domain name owner accused of cybersquatting immediately ceases use of the infringing (allegedly) domain name after the cybersquatting allegations are brought to the domain owner’s attention.

3) (carrying the most weight in this opinion) A domain name owner accused of cybersquatting or trademark infringement can demonstrate ‘good faith’ by offering to unconditionally transfer the (possibly) infringing domain names to the complaining party.

Overview;

Plaintiff in this suit is Rearden LLC (Rearden), founded by Steve Perlman. Rearden owns the federal registered trademark for ‘REARDEN’ – Serial No. 77194957.

The Defendant, Rearden Commerce Inc., (RC), adopted that name in January 2005. RC owns the federal registered trademark for ‘REARDEN COMMERCE’ – Serial No.76632927.

Continue reading Good Faith and Bad Faith Analyzed in N.D.C.A. Cybersquatting Claim Brought Under the ACPA – Rearden LLC., v. Rearden Commerce »

RapidShare Wins Domain Names Infringing on its RAPID SHARE Trademark in WIPO Arbitration Disputes

Friday, July 23rd, 2010

In recent months the Switzerland based file-hoster site Rapidshare filed more than two dozen World Intellectual Property Organization (WIPO) disputes. Rapidshare filed these WIPO disputes against domain name Websites that were infringing on Rapidshare’s trademark either by cybersquatting on domain names containing the ‘RAPID SHARE’ mark or by using the ‘RAPID SHARE’ trademark to infringe copyrights.

RapidShare has expanded rapidly since its founding, now it ranks among the top 50 most-used Websites on the Internet. This newfound popularity has also brought RapidShare misfortune as it has caught the attention of persons looking to profit from RapidShare’s good name and high-levels of steady Web-traffic. In light of this, RapidShare has filed and plans to continue to file (as necessary) these WIPO arbitration proceedings against the myriad of Internet users infringing on its rights.

In a statement released by the former CEO and COO of RapidShare, Bobby Chang iterated that RapidShare’s was going to aggressively pursue individuals or entities perpetuating intellectual property rights infringement against RapidShare content and against the RapidShare mark;

Continue reading RapidShare Wins Domain Names Infringing on its RAPID SHARE Trademark in WIPO Arbitration Disputes »

Expensive Political Stunt? The Daily Caller Acquires KeithOlbermann.com, May Result in Trademark or Cybersquatting Dispute

Friday, July 16th, 2010

Tucker Carlson is the editor-in-chief of the premier Keith Olbermann criticism and political commentary site, www.dailycaller.com. The Daily Caller is probably as well known for political commentary as it is known as a platform for jibes, both personal and political, about Keith Olbermann which instigate responses from the political anchor and eventually escalate into Tweet fights that have splashed all across the internet news community. In at least what is initially a very successful move to fan the flames, the Daily Caller purchased www.keitholbermann.com and Tucker Carlson has impudently setup a contact email where you can reach him at [email protected]

trademark cybersquatting disputeThe Daily Caller hasn’t stopped there, they are offering @keitholbermann.com email addresses to the most creative names @kietholbermann.com that get submitted, and all you’ve got to do is ask. To get a keitholberman.com email, go to Win a keitholbermann.com e-mail address.

Early email winners include;

[email protected], [email protected], and [email protected]

Although the Whois registration info has the registrant information hidden behind Domains by Proxy, Inc., the Daily Caller has publicly announced its acquisition of the keitholbermann.com domain name address.

Continue reading Expensive Political Stunt? The Daily Caller Acquires KeithOlbermann.com, May Result in Trademark or Cybersquatting Dispute »

UDRP Panel Recognizes that where a Registrant Reasonably Believed that what He was Doing was Legitimate, then Registrant’s Domain Name Registration Cannot be in Bad Faith

Friday, May 28th, 2010

An article entitled, Finally, a UDRP Panel Respects the Scope of the Policy, by Andrew Allemann over at Domain Name Wire, highlighted a recent ruling by the UDRP Panel, where the Panel exercised discretion in elaborating on the scope of its definition of cybersquatting.

The case is Human Resource Certification Institute v. Tridibesh Satpathy, and it is an example of a dwindling number of recent cases where an innocent domain name owner is allowed to retain his domain name even though it appears to infringe on a complainant’s service mark rights.

The Panel held in favor of Defendant and noted that;

“if the Respondent reasonably believed that what he was doing was legitimate, it cannot be said that his registration of the Domain Name was in bad faith.”

The Panel further elaborated on trademark law and cybersquatting;

“The Policy was designed to deal with a relatively narrow form of dispute between trade mark (and service mark) proprietors and domain name registrants, namely the deliberate registration of a domain name featuring the complainant’s trade mark or a confusingly similar variant of it with a view to causing damage or disruption to the complainant or his business or unfairly exploiting the complainant’s trade mark for the registrant’s own advantage.” Continue reading UDRP Panel Recognizes that where a Registrant Reasonably Believed that what He was Doing was Legitimate, then Registrant’s Domain Name Registration Cannot be in Bad Faith »

Greek Belly Dancer Cybersquatter Faces $10,000 Default Judgment

Friday, May 28th, 2010

The controversy centers on a Greek belly dancer and her former employment, Greek Restaurant Taverna Opa and its owner Peter Tsialiamanis.

The Argentinian belly dancer, Aisha Ismail was the first belly dancer at the Hollywood Greek restaurant. Interestingly though, Ismail was also a part-time computer programmer. She purchased the domain name ‘tavernaopa.com’ and when approached; she refused to sell it to the restaurant, even when offered $5,000 she rejected the offer, instead demanding $25,000.

Turning down the $5,000 turned out to be a poor choice for Ismail because in 2008, Taverna Opa sued Ismail for cybersquatting on its stolen domain name. After rejecting Tsialiamanis’s offer, she began to advertise for her new place of employment, the Greek Seafood Restaurant Milos, on tavernaopa.com.;

I will like to invite you to the new restaurant ‘Milos’ best and freshest seafood.”

Continue reading Greek Belly Dancer Cybersquatter Faces $10,000 Default Judgment »