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Nat Cohen wins reverse domain name hijacking charge against spa for SHA.com

August 3, 2012Domaining, Domainnamewire, nat cohen, Policy & Law, rdnh, reverse domain name hijacking, telepathy, udrpComments Off on Nat Cohen wins reverse domain name hijacking charge against spa for SHA.com

Spanish spa and wellness center brought UDRP in bad faith.

Nat Cohen’s Telepathy has successfully defended the domain name Sha.com from an attack by Albir Hills Resort, S.A., known as SHA Wellness Clinic.

The panel also determined that SHA Wellness Clinic was guilty of attempting reverse domain name hijacking.

I’ve got to say, this was a no brainer for the three person panel.

First, SHA’s attorney said the resort had been “operating in the market for 15 years”. But the evidence showed otherwise, at least for the SHA Wellness Clinic. In fact:

The Complainant states that, after the creation of the SHA Wellness Clinic, the Complainant noticed that the disputed domain name sha.com was already registered; the Complainant thus attempted to purchase it from the Respondent, but, since the Respondent had requested an “exaggerated offer”, the Complainant opted for filing this Complaint.

That’s a good way of admitting that the domain was registered before you were in business.

SHA’s lawyer even said that the company tried to negotiate for the domain name, but since the price of the domain was high it opted to file the dispute.

I also appreciate this line from SHA’s attorney:

“the fact that the [Respondent’s] use is not real produces an obstruction act for my client, because the obvious and logical owner of the domain name is the owner of SHA. That, and furthermore the fact that there are no trademarks “SHA” owned by the respondent, implies a decrease of the reputation of my client’s trademarks”.

The “obvious and logical owner”??

If you’re wondering why Telepathy gets hit with so many UDRPs for three letter .com domains, it’s because it owns more than 1,000 of them.

Hopefully attorneys for other companies thinking about stealing three letter .com domains from Telepathy will do some research and figure out they’re wasting their money.


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Instrumentation Northwest should ask its lawyer for its money back

June 8, 2012Domaining, Domainnamewire, nat cohen, Policy & Law, telepathy, udrpComments Off on Instrumentation Northwest should ask its lawyer for its money back

It just wasted money filing a frivolous complaint over INW.com.

The results are in on Instrumentation Northwest’s case against Nat Cohen’s Telepathy for the domain INW.com.

No surprise here. With the help of domain attorney Ari Goldberger, Telepathy won the case.

But the complainant should really ask its lawyer to give back whatever he or she charged to represent it. This case was dead from the beginning, and any good lawyer would have told their client this. (Perhaps their lawyer did and the company didn’t listen.)

The panel declined to find reverse domain name hijacking, but concluded:

Finally, the Panel declines to find reverse domain name highjacking on this record, although a finding of RDNH could arguably be supported here. Be that as it may, after carefully weighing all of the circumstances of the case, the Panel chooses to interpret this Complaint as misguided inasmuch as it was doomed from the start and should not have been brought. There is no hard evidence, though, that Complainant was ill motivated in lodging the Complaint.

This is tough to swallow. If a case is doomed from the beginning, a sophisticated company should have been able to determine that before it forced an innocent party to pay a lawyer to defend itself.

We’re talking about a company that offered $2,100 for a three letter .com domain name. When the owner responded back with a much higher price it filed a UDRP.

To me, this case is a good example of RDNH. Its certainly “ill motivated” in what it forced Telepathy to do.

But either way, I really hope the complainant’s lawyer cautioned against filing this case. Not only would it be impossible to win the case, but a quick web search about Telepathy would show that the respondent would fight the case and ultimately win.


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Telepathy Wins Reverse Domain Name Hijacking Charge Against 3-D Company

December 6, 2010ari goldberger, Domaining, Domainnamewire, nat cohen, Policy & Law, reverse domain name hijacking, telepathy, udrpComments Off on Telepathy Wins Reverse Domain Name Hijacking Charge Against 3-D Company

Company goes after domain name registered several years before it created its brand.

Nat Cohen’s Telepathy, Inc. has successfully won a charge of reverse domain name hijacking against X6D Limited, which owns the XPAND brand of 3-D glasses.

X6D filed the complaint over the domain name xpand.com. Telepathy, represented by domain name attorney Ari Goldberger, noted that it’s common to eliminate the ‘e’ in words that start with ‘ex’. The panel agreed, arguing that xpand was a single descriptive word:

The Panel considers the disputed domain name contains at its second level a single descriptive term. Many English words starting with “ex“ are commonly misspelled by omitting the “e” at the beginning, inter alia, “xtreme” (misspelling of “extreme”), “xchange” (misspelling of “xchange”), “xcess” (misspelling of “excess), “xact” (misspelling of “exact”), “xcel” (misspelling of “excel”), and so forth. In the Panel’s assessment, the public readily identifies the misspelled word in these cases.

The panel also agreed that buying descriptive and generic domain names as an investment is a legitimate use of a domain name:

Due to the commercial value of descriptive or generic domain names it has become a business model to register and sell such domain names to the highest potential bidder. Such a practice – including the sale of the domain name – has been found to constitute use of the domain name concerned in connection with a bona fide offering of goods or services provided that the registration of the domain name was not undertaken with intent to profit from or otherwise abuse a complainant’s trademark rights.

All of this is well and good, but the real crux of the case came down to dates. Telepathy registered the domain name in 2003, three years before X6D says it started using the XPAND brand. Thus, it’s impossible that the domain name was registered in bad faith targeting X6D. X6D offered $10,000 to buy the domain name. When that failed, it filed the UDRP.

This helped Telepathy win a charge of reverse domain name hijacking:

In the present case, the Complainant did not provide any explanation as to how the Respondent could possibly have been aware of the Complainant and the Complainant’s mark when registering the disputed domain name, which occurred more than three years before the Complainant started using its XpanD Mark. The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith.


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Company Sues Telepathy to Get PLA.com Domain Name

September 15, 2010Domaining, Domainnamewire, lawsuit, nat cohen, Policy & LawComments Off on Company Sues Telepathy to Get PLA.com Domain Name

Company got trademark for “PLA”, sues to get domain name.

If you have a short list of “nice guys” in the domain name industry, Nat Cohen of Telepathy certainly shows up near the top.

A company called Project Leadership Associates Inc. is now trying to sue Telepathy to get the domain name PLA.com. Those are the company’s initials, and it says it has a registered trademark.

PLA tried to negotiate with Cohen to buy the domain, and according to PLA’s court filing it looks like they made some progress. But then PLA decided to sue.

PLA’s claims are a joke. Among them, it suggests that Cohen should have told them that he had “just recently” purchased the domain name (a few years ago):

On information and belief Nate (sic) Cohen either by intention or by omission failed to inform [PLA representative] that Telepathy had just recently purchased the domain name PLA.com from another party in late 2007 or 2008 for an undisclosed amount.

So?

PLA says Telepathy is violating its trademark by offering the domain name for sale through Moniker. It says people mistakenly go to PLA.com when they’re looking for the company’s web site. Here’s another gem from the lawsuit (pdf):

The current commercial offer for sale on the Moniker’s.com (sic) website for the pla.com domain name will actively divert traffic away from PLA’s authorized websites if a third party purchases the domain name using the PLA mark in its domain name and metatags of the pla.com domain name.

I guess this is saying that someone could infringe on PLA’s mark if it bought the domain name and competed with what PLA offers.

It’s no wonder the company wants the domain name. Right now it uses ProjectLeadership.net. It doesn’t even have a .com domain name.

Here’s another thing about Cohen (other than being a nice guy) that I know: he doesn’t back down. Especially when someone makes a ridiculous claim.


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