Posts Tagged ‘wipo’

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).”

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After Landmark Victories in the US Courts, Verizon Changes Tactics to Pursue Cybersquatters Through UDRP Arbitration Disputes

Tuesday, August 3rd, 2010

Despite winning some really landmark cases and having marked success in protecting its ‘VERIZON’ trademark through cybersquatting lawsuits brought under the ACPA, Verizon has recently changed up its method for pursuing cybersquatters. Previous victories in the US court system for Verizon have been against companies such as Navigation Catalyst Systems and OnlineNic.cybersquatting domain names

Verizon’s most recent efforts to fight cybersquatting of its ‘VERIZON’ mark have been in the form of Uniform Domain-name Resolution Policy (UDRP) arbitration disputes filed through the World Intellectual Property Organization (WIPO).

Presently, Verizon has at least two live UDRP complaints still pending and has won a victory for ‘VERIZON’ cybersquatted domain names including;

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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;

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Rediff.com Wins Dispute in WIPO Arbitration Against Pakistani Cyber-squatter

Tuesday, July 13th, 2010

Complainant, Rediff.com India Ltd. of Mumbai, India, filed its Complaint on March 6, 2010. Although WIPO found that this Complaint was deficient, they accepted an amended Complaint on March 16.

cybersquatting casesThe parties attempted to reach a settlement agreement but this did not materialize and proceedings against Respondent, Daniyal Waseem of Quetta, Pakistan, commenced on April 21.

Waseem failed to provide any Response (due on May 11), so the WIPO Center’s sole arbitrator in this case notified Waseem of his default on May 18 and continued with the arbitration proceeding.

The lone WIPO panelist found that Rediff.com India Ltd. provided sufficient proof of its rights to the REDIFF trade-mark, that the trademark has been registered in several jurisdictions, and that Complainant provided evidence of ‘substantial and reasonably long use’ of the trademark.

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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.

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Domain Name Owner Wins His Expenses In Cybersquatting Case

Wednesday, October 7th, 2009

A domain name owner recently won his expenses in a cybersquatting case in federal court. 

Domain Name Wire reports that Neon Network has been awarded its expenses after it won a default judgment in a declaratory judgment action under the Anticybersquatting Consumer Protection Act (ACPA) in Arizona.  Aspis Liv Forsakrings, an insurance company, originally filed a cybersquatting case under the Uniform Domain Name Dispute Resolution Policy (UDRP) against Neon Network with the World Intellectual Property Organization (WIPO)

WIPO found that Neon had registered the domain name in bad faith, and the aspis.com domain name was transferred to Aspis.

Neon Network then filed a declaratory judgment action in Arizona asking the court to determine that it had not violated the Anticybersquatting Consumer Protection Act.  The judge issued a default judgment against Aspis and awarded Neon $1,547. 

The judgment can be viewed here, courtesy of Domain Name Wire.