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Owner of FLVS.net Sues Frank Schilling Over FLVS.com

May 23, 2011Domaining, Domainnamewire, Florida VirtualSchool, Frank Schilling, k12 Inc, name administration, Policy & LawComments Off on Owner of FLVS.net Sues Frank Schilling Over FLVS.com

Schilling’s company named in lawsuit over four letter domain name.

Florida VirtualSchool, which runs an online education service at FLVS.net, has sued Frank Schilling’s Name Administration, Inc. over his FLVS.com domain name.

The suit (pdf) also names K12, Inc. Florida VirtualSchool says K12, Inc. is a competitor and was receiving clicks from the FLVS.com domain name, which is parked.

Florida VirtualSchool has registered trademarks for Florida VirtualSchool and FLVS for “education services”. Both trademarks were only registered in 2010, but with claimed first use dates of 2002.

It appears any links on FLVS.com that may have led to K12, Inc. no longer exist. The site now links to baking and cooking sites under the idea that “FLVS” is short for flavors.

Florida VirtualSchool is suing for service mark infringement, unfair competition, and common law trademark infringement. The case was filed in U.S. District Court, Middle District of Florida, Orlando Division.


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Name Administration Settles Over ChilliBeans.com Domain Name

November 3, 2010Domaining, Domainnamewire, Frank Schilling, name administration, Policy & Law, udrpComments Off on Name Administration Settles Over ChilliBeans.com Domain Name

Frank Schilling settles disagreement over ChilliBeans.com.

In 2008 Name Administration (Frank Schilling’s company) lost a UDRP for the generic domain name ChilliBeans.com. It was the company’s first loss in a UDRP case, and it then sued complainant Balglow Finance in order to retain the domain name.

The two parties have settled the case. Name Administration provided the following statement to Domain Name Wire:

Name Administration Inc. (“NAI”) and Balglow Finance SA (“Balglow Finance”) are pleased to announce that they have come to a mutually beneficial agreement in regard to the domain name ChilliBeans.com and the settlement of the law-suit filed by NAI in the Cayman Islands concerning the domain name. Both parties have agreed that NAI’s use of the generic Chillibeans.com domain name violated no enforceable rights of Balglow Finance. The settlement of this dispute will see NAI transfer title of this generic name to Balglow Finance to assist it in its online efforts relating to Balglow Finance’s expansion of the “Chilli Beans” brand of eyewear.

“While it’s unfortunate that this dispute necessitated a trip to the Cayman Court, we are most pleased to have resolved the matter in such a mutually beneficial way”, said Frank Schilling, Managing Director for NAI. He continued, “NAI’s only interest in the domain name was as a generic term. Now that it’s been settled that NAI’s registration and use of the domain name violated no rights of Balglow Finance we are pleased to facilitate the transfer, as the domain name is beneficial in advancing the business of Balglow Fianance, and while very valuable, has less long term value to our company than Baglow Finance.”

Schilling added some commentary on IP rights and his domain portfolio:

We’re never looking to pick fights over IP rights and have really tried hard to do the right things in the domain name business, for a very very long time, but we’ve won 17 UDRPs. That should say a lot. Large companies often want what you have and don’t want to pay for it. They try to vilify you for making money with generic domain names, and the UDRP has created an unholy intimation that holding a generic name for profit is somehow bad. Well it isn’t! Everybody owns something – and when people challenge our generic IP rights we will spend whatever it takes to make our point that anyone is free to register a generic name on a first-come first served basis.


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Name Administration Reaches Settlement over Cheat Code Mark

June 21, 2010Domaining, Domainnamewire, Frank Schilling, name administration, Policy & Law, trademarks, usptoComments Off on Name Administration Reaches Settlement over Cheat Code Mark

Company settles trademark dispute.

Frank Schilling’s company Name Administration has reached a settlement with the holder of a trademark for Cheat Code, according to documents at the U.S. Patent and Trademark Office.

Late last year CheatCodes.com LLC started going after people who had “cheat code” in their domain names, thanks to somehow slipping the generic term “Cheat Code” past a USPTO examiner. It went after small webmasters, but also sent a demand to Name Administration for its CheatCode.com domain name. That was a mistake.

Name Administration filed for cancellation of the Cheat Code mark in November. On June 10 Name Administration’s lawyers informed the USPTO that a settlement was reached and dismissed the case.

Details of the settlement have not been made public. However, the withdrawal of the Petition for Cancellation means the trademark stands for now, which is not good news to smaller players who have been threatened by CheatCodes.com. Unless, of course, CheatCodes.com LLC is a bit more gun shy now.


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Name Administration Challenges “Cheat Code” Trademark

December 2, 2009Domaining, Domainnamewire, name administration, Policy & Law, trademarks, usptoComments Off on Name Administration Challenges “Cheat Code” Trademark

Frank Schilling’s company files petition for cancellation after trademark owner threatens it.

If you’ve ever filed for a trademark, you know that it can be a challenging process to get approval. Just ask hotels.com and mattress.com, which have failed in their attempts.

But trademarks are inevitably improperly approved by the Unites States Patent and Trademark Office every day. Such is the case with “Cheat Code”, a generic term referring to codes in video games that unlock secret levels, provide players with new powers, etc.

Somehow, CheatCodes.com LLC managed to slip this through and got a trademark for the term “Cheat Code”. The company operates at CheatCodes.com. So who owns CheatCode.com? Frank Schilling’s Name Administration.

According to Name Administration’s publicly available filing with USPTO (pdf), CheatCodes.com, LLC threatened owners of domains similar to “Cheat Code”. But then the company messed with the wrong guy: it threatened Name Administration over its CheatCode.com domain name, which it has owned since 2000.

The petition for cancellation claims Cheat Code is generic and descriptive, and should not have been issued as a trademark. By aggressively pursuing a weak trademark, CheatCodes.com has landed itself hot water.

The petition for cancellation might not be decided until early 2011.


© DomainNameWire.com 2009.

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HomeAway.com Evicted in Domain Dispute

November 2, 2009Domaining, Domainnamewire, Frank Schilling, homeaway.com, name administration, National Arbitration Forum, Policy & Law, udrpComments Off on HomeAway.com Evicted in Domain Dispute

Vacation rental directory loses domain name dispute.

HomeAway.com, Inc. has lost its domain dispute for HomeAwayFromHome.com against Frank Schilling’s Name Administration. Name Administration was defended by domain attorney John Berryhill.

Name Administration bought the domain name for $1,400 in an expired domain name auction in 2005. HomeAway.com acquired the Home Away From Home trademark from another company in 2007.

The arbitration panel at National Arbitration Forum found that Name Administration had rights and legitimate interests in the generic domain name. The panel found that Name Administration’s use of the domain name as a pay-per-click web site was a bona fide use of the domain name, and also noted that HomeAway.com does not have exclusive rights to the common phrase “home away from home”:

The Panel also finds that the terms of the homeawayfromhome.com domain name are generic and of common use and therefore, Complainant does not have an exclusive monopoly on the terms on the Internet.

Hurting HomeAway.com’s case was that, although it acquired the trademark “Home Away from Home”, it has barely used the term in commerce — and has used it in its generic nature on its web site.


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New York Magazine Buys Vulture.com Domain Name

October 25, 2009Domain Sales, Domaining, Domainnamewire, Frank Schilling, name administration, new york magazine, vulture.comComments Off on New York Magazine Buys Vulture.com Domain Name

Vulture.com now forwards to popular blog at New York Magazine.

New York MagazineNew York Magazine has acquired the domain name Vulture.com for its popular entertainment and culture blog Vulture.

A review of historical whois records shows that Frank Schilling’s Name Administration sold the domain name to New York Magazine. Records indicate that the domain was transferred to New York Magazine around September 2.

This is an interesting example of a domain purchase by a major media outlet. What makes it interesting is that it acquired a domain name for a popular subsection of its web site, not just the main site. It’s a direct navigation play. The publication has a number of popular blogs, and owns the corresponding domain names for two others: TheCut.com and GrubStreet.com. It does not own the domain for four of its other key blogs:

-DailyIntel.com (parked)
-TheProjectionist.com (owned by Warner Bros.)
-TheSportsSection.com (owned by Upper Deck, which also owns SportsSection.com)
-Surf.com (owned by household products company)

I have no doubt New York Magazine paid dearly for Vulture.com. Not only is it a good domain, but Name Administration doesn’t sell domain names for cheap.

Incidentally, Vultures.com goes on the block in New York this week for $25,000-$50,000. Rest assured that Vulture.com sold for many times that amount.


© DomainNameWire.com 2009.

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