NameStarter.com :: domaining business blog // Domaining for Domainers

Archive for the ‘lawsuits’ Category

Company sues to get Reinvention.com domain name

October 4, 2012Cybersquatting, Domaining, Domainnamewire, lawsuits, Policy & LawComments Off on Company sues to get Reinvention.com domain name

Marketing company claims domain infringes its re:invention mark.

An Illinois marketing company called Reinvention, Inc. has sued data sampling company Reinvention, LLC, which owns the Reinvention.com domain name.

The brief, five page complaint (pdf) claims that Reinvention, LLC is infringing on Reinvention, Inc’s trademark for “re:invention”.

Reinvention, Inc. filed for its trademark last year and it was granted this year. It claims first use in commerce in 2003.

The company is demanding damages for trademark infringement and that the data sampling company hand over the reinvention.com domain name.

Reinvention.com was sold last year through Sedo for $4,700. It has a somewhat colorful history, once being owned by Ultimate Search. In 2008 the whois record showed “MCEH confiscated names”.

The plaintiff owns the inferior ReinventionInc.com domain name.


© DomainNameWire.com 2012. This is copyrighted content. Do not republish.

Latest domain news at DNW.com: Domain Name Wire.

No related posts.

Libya loses anticybersquatting lawsuit

September 7, 2012anticybersquatting, Cybersquatting, Domaining, Domainnamewire, lawsuits, libya embassy, Policy & LawComments Off on Libya loses anticybersquatting lawsuit

Libya and its embassy lose a domain name lawsuit that started well before Gaddafi’s overthrow.

A federal district court yesterday handed down a ruling in a very interesting cybersquatting case, and much of the interest lies in who the plaintiff was: Libya.

Back in 2006 The Great Socialist People’s Libyan Arab Jamahiriya and the Embassy of the Libyan Arab Jamahiriya filed suit against Ahmad Miski for cybersquatting. (After the overthrow of Muammar Gaddafi’s government, the plaintiffs names were changed to Libya and Embassy of Libya.)

The Libyan embassy was using the domain name LibyanBureau.com at the time, but now uses LibyaUSAEmbassy.com.

Defendant Ahmad Miski is an expeditor, similar to the people who help you get your passports quickly. Some of his work was expediting documents with the Embassy of Libya.

Miski registered the domains embassyoflibya.org, libyaembassy.com, libyaembassy.org, and libyanembassy.com and forwarded these to his web site, where he solicited clients for his expeditor services.

Libya alleged Miski was cybersquatting and that it had common law rights to the terms “Embassy of Libya” and “Libyan Embassy”.

The judge ruled that these marks were merely descriptive and that Miski was not guilty of cybersquatting.

Additionally, the judge noted that it was difficult for the embassy to prove continuous use of its supposed marks in the United States. In 1986 president Ronald Reagan issued executive orders prohibiting commercial trade and other transactions with Libya and its government and “blocked” Libyan government property located in the United States.

This case is interesting from the perspective of the “descriptive” ruling, but I also find it fascinating given the geopolitical circumstances.

Miski was represented by Eric Menhart of Lexero Law. You can read the court’s full decision here (pdf).


© DomainNameWire.com 2012. This is copyrighted content. Do not republish.

Latest domain news at DNW.com: Domain Name Wire.

No related posts.

Macth.com owner sues Match.com and CitizenHawk after losing UDRP

August 31, 2012citizenhawk, Domaining, Domainnamewire, lawsuits, Policy & Law, udrpComments Off on Macth.com owner sues Match.com and CitizenHawk after losing UDRP

Domain owner files complaint to halt transfer of domain name after losing UDRP.

Match.comThe owner of Macth.com has sued online dating company Match.com and domain name recovery firm CitizenHawk after losing a UDRP for her domain name.

In a complaint filed in the Southern District of Florida (pdf), Liz Eddy is asking for declaratory relief and financial penalties. She says Macth.com is a generic typo.

Eddy lost a UDRP for Macth.com on August 15. She alleges that Match.com fabricated evidence by bidding on the term “macth”:

Upon information and belief, Defendant Match.com and / or Defendant Citizenhawk, or their agent, placed a bid to have Defendant’s Match.com’s advertisement for matching services displayed in response to lnternet searches for the word ‘macth.’ Dedendants then used the advertisement shown on Plaintiffs webpage as result of Plaintiff’s adverting (sic) provider Google.com to self generate evidence purporting to show evidence in support Defendant’s claim of Plaintiff’s bad faith registration and use of the Domain Name, something the Defendants could not show absent fabricating this evidence. Plaintiff did not cause Defendant Match.com’s website to be reachable on the webpage shown, rather Defendants or their agents did by paying to put their MATCH.COM advertising link at the top of the web page.

The panelist in the case did not address Eddy’s allegations of the evidence being manipulated.

Eddy also alleges that Match.com’s representative in the UDRP, CitizenHawk, “is not licensed to represent others in legal proceedings including arbitration.”

She also says that she’s been using the domain since she registered it in 2000:

After registering the Domain Name, Plaintiff made demonstrable efforts to use the Domain Name for testing and development and did use the domain name for testing of patent pending algortithms (sic).

A quick look shows the domain name has been parked since at least 2005, and much of that time Match.com was the top result on the web page.

Eddy is representing herself in the legal action.

Updates:

CitizenHawk has not responded specifically about this lawsuit, but reiterated what the company’s CEO told me in July: “CitizenHawk represents its clients exclusively upon their consent and doesn’t provide legal advice – and NEVER has. CitizenHawk facilitates the dispute process in collaboration with each client’s legal staff and does NOT file a UDRP unless and until it receives prior approval from the client’s legal counsel.”

Additionally, two sources have told me that a complaint was filed previously with the California Bar regarding CitizenHawk’s representation services and the California Bar decided it didn’t warrant taking action.


© DomainNameWire.com 2012. This is copyrighted content. Do not republish.

Latest domain news at DNW.com: Domain Name Wire.

No related posts.

DomainTools lawsuit dismissed for lack of jurisdiction

July 19, 2012Domaining, Domainnamewire, domaintools, lawsuits, UncategorizedComments Off on DomainTools lawsuit dismissed for lack of jurisdiction

Preemptive case against New Jersey man can’t go forward in Washington, judge rules.

DomainTools’ preemptive lawsuit against Russ Smith has been dismissed (pdf) with prejudice for lack of personal jurisdiction and improper venue.

Russ Smith had threatened to sue DomainTools for copyright infringement and try to get its trademark canceled. Among Smith’s complaints: DomainTools’ archival of snapshots of his web site home pages were copyright violations.

Instead of waiting for Smith to file his suit, DomainTools filed a suit against him in its home state of Washington. The suit asked the court to rule that DomainTools wasn’t violating copyright, among other requests.

Smith asked the court to dismiss the case because he believed Washington was an improper venue.

The company provided a handful of reasons why it felt Washington was an appropriate place to file the lawsuit. One of the reasons was a forum selection clause in the terms of service on DomainTools web site. The company claimed Smith was subject to the terms when he submitted his threats via the web site’s contact form.

The company’s claims failed to impress judge Marsha Pechman. She dismissed the case with prejudice.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

No related posts.

That’s some (un)intellectual property

July 16, 2012Domaining, Domainnamewire, lawsuits, Policy & Law, trademarksComments Off on That’s some (un)intellectual property

Attorney starts blog covering overzealous intellectual property enforcers.

I write a lot about companies that seem to think they have universal rights to generic terms. Whether it’s a UDRP or a trademark lawsuit, some companies seem to think they control terms such as entrepreneur, elk, and (ironically) “legal advice“.

That’s why I think I’m going to like a new blog from Brian Hall, an attorney with Traverse Legal.

UnIntellectualProperty.com covers cases where a company claims exclusive intellectual property rights in a trademark, copyright, trade secret, or even a patent only to have a court of law declare no intellectual property right exists.

Here’s a great example Hall has already blogged about: Texas Toast.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

No related posts.

Default judgement issued against Paris in domain fight, damages hearing on tap

July 13, 2012.paris, Domaining, Domainnamewire, lawsuits, Policy & Law, reverse domain name hijacking, ville de parisComments Off on Default judgement issued against Paris in domain fight, damages hearing on tap

Paris may face damages in reverse domain name hijacking case.

LoserA Texas district court has filed an entry of default against Ville de Paris in a domain name squabble.

The case involves Parvi.org. The city of Paris won a UDRP case for the domain name in 2009. When Paris filed the complaint it agreed to jurisdiction in Texas for matters stemming from the dispute.

Domain owner Jeffrey Walter took advantage of the jurisdiction, filing a lawsuit against Paris in U.S. District Court in Texas. Among his claims: reverse domain name hijacking, tortious interference, and conversion.

As Ville de Paris has done many times after challenging U.S. domain owners, it went AWOL as soon as it was challenged in U.S. court.

So now there’s a default judgment against Paris in a Texas court. The court has scheduled a hearing on September 14 to determine damages.

It’s worth noting that another Texas court awarded $100,000 in damages when DigiMedia won a reverse domain name hijacking case.

Could Walter ever collect a judgment?

It would be tough. But it’s worth noting that Ville de Paris is trying to enter into a contract with a U.S. company for the rights to run .paris.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

No related posts.

College Hunks and Strong Students fight in court after UDRP

May 31, 2012Domaining, Domainnamewire, lawsuits, Policy & Law, udrpComments Off on College Hunks and Strong Students fight in court after UDRP

A muscular lawsuit.

This lawsuit creates and amusing visual.

Strong Students Moving, Inc. has sued (pdf) College Hunks Hauling Junk after the former lost a domain to the latter through a UDRP case.

Shaun Robinson of Strong Students Moving, Inc. alleges that he registered the domain name collegehunksmoving.com while he was negotiating with College Hunks Hauling Junk to form a new business venture. The business deal didn’t go through, and earlier this year College Hunks filed a UDRP against Strong Students for the domain. College Hunks won the case, but this lawsuit will halt the transfer of the domain name.

Strong Students Moving is suing for declaratory judgment that the registration was in good faith and is asking for cancellation of the defendant’s trademark registrations. But it goes a bit further: Strong Students is suing for damages for “Intentional Interference with Business/Economic Relations” over the UDRP. Strong Students alleges that his business has suffered because he had to spend time defending the domain.

I suppose that makes sense. But there’s another allegation that is puzzling:

Defendant intentionally interfered with SSM’s existing or potential economic relations for the improper purpose of:
(a) Benefiting from the goodwill built in the Disputed Domain and SSM’s IP in the form of direct traffic to the Disputed Domain; and/or
(b) Depriving the Plaintiff of funds needing to contract with others through malicious litigation; and/or
(c) Reselling the Disputed Domain and the goodwill SSM built into the Disputed Domain.

I guess “potential economic relations” is the key word here. At least according to the UDRP dispute, the domain name was never active beyond a registrar holding page. I’m not sure what goodwill was built into the domain.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

Related posts:

  1. These UK Students Must Have a Big Budget to Buy Domain Names
  2. GoDaddy Sponsors Its Own College Bowl Game
  3. ConnectedWorld.com UDRP challenged in court

Jeweler sues Oversee.net for cybersquatting

May 24, 2012Cybersquatting, Domaining, Domainnamewire, lawsuits, Oversee.net, Policy & Law, UncategorizedComments Off on Jeweler sues Oversee.net for cybersquatting

Jeweler files claim over six domain registrations.

Jewelry company Tacori Enterprises has sued Oversee.net in U.S. District Court for cybersquatting.

Tacori alleges (pdf) that Oversee.net is cybersquatting with at least six domain names:

Taccori.com
Tacorri.com
Tacoriiv.com
TacoriRings.com
Tacoti.com
Tracori.com

Tacori alleges that Oversee.net “is a serial cybersquatter who registers, uses, and traffics in domain names that are confusingly similar to famous or distinctive trademarks owned by others, including Tacori trademarks.” It also alleges that Oversee.net intentionally failed to maintain accurate whois records for the domains.

Tacori is represented by Howard Kroll and David Steele of Christie, Parker, and Hale, LLP. The two are no strangers to cybersquatting lawsuits; they’ve represented Verizon in multiple cases.

When asked for comment, Oversee.net responded “We are reviewing the lawsuit and plan to defend our position vigorously.”


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

Related posts:

  1. Monte Cahn Sues Oversee.net Over $13 Million Incentive Plan [Updated]
  2. Weather Underground Sues Navigation Catalyst for Cybersquatting
  3. Oversee.net Sues Skenzo, Oversee and Guillen Explain Their Sides

Guy Sues Alamo Car Rental After Losing UDRP

September 7, 2011alamo car rental, Domaining, Domainnamewire, lawsuits, Policy & Law, udrpComments Off on Guy Sues Alamo Car Rental After Losing UDRP

Man in the home of the Alamo sues after losing UDRP for Alamo domain name.

A San Antonio man has sued Vanguard Trademark Holdings USA LLC, which manages the Alamo car rental trademarks, after losing a UDRP for the domain name AlamoClub.com.

John K. Rivenburgh found himself on the losing end of a decision handed down by National Arbitration Forum panelist Maninder Singh. If you read the complaint, you’ll find Rivenburgh’s claimed use of the domain rather plausible. After all, he lives in the home of the Alamo. He even created a site on the domain name that had absolutely nothing to do with the car rental company.

Nevertheless, Singh found against Rivenburgh. Vanguard said the site was showing ads related to car rentals, but that’s a stretch (more on that in a post later tonight).

Rivenburgh says the site receives little traffic.

The suit (pdf) asks for the judge to declare that Rivenburgh is the rightful owner of the domain name.

The suit should halt the transfer of the domain name.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

Related posts:

  1. National Car Rental Fails to Show Rights in National.com Typo
  2. For National Car Rental, Green Means Stop Using Your Domain Name
  3. After Losing UDRP, Complainant Sues to Get FirstQuote.com

Judge Dismisses Verizon Lawsuit Against DirectNIC

August 25, 2011directNIC, Domain Registrars, Domaining, Domainnamewire, lawsuitsComments Off on Judge Dismisses Verizon Lawsuit Against DirectNIC

Judge grants Motion to Dismiss against large domain name registrar and its parent company.

The judge presiding over Verizon’s cybersquatting lawsuit has granted a Motion to Dismiss (pdf) filed by Intercosmos Media Group, Inc., directNIC, LLC and Domain Contender, LLC for lack of personal jurisdiction. Domain Contender is a subsidiary of directNIC and directNIC is a subsidiary of Intercosmos.

Verizon argued that the entities had operations in Florida. The court found otherwise:

Verizon argues that the IMG Defendants are subject to specific jurisdiction under the long-arm statute because they purportedly have an office in Florida. However, as pointed out by the IMG Defendants, there is not a shred of plausible evidence in support of this contention.

Verizon pointed to a press release suggesting DirectNIC was opening to open an office in Tampa, but the court deemed it insufficient that a release mentioning future plans for an office proved that an office existed.

Verizon also noted that Donny Simonton, which the company says is CIO of Intercosmos, attended TRAFFIC in Florida in 2007:

In addition, the non-Internet activity alleged (specifically, the presence of one IMG employee at a Florida trade show) does not constitute minimum contacts with Florida.

The companies told the court they are Louisiana entities.


© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

Related posts:

  1. Verizon Sues DirectNIC for Parking Expired Domain Names
  2. Judge Dismisses Many of Monte Cahn’s Claims Against Oversee.net
  3. Two Defendants Respond to Verizon Cybersquatting Lawsuit