Text of Decision in SDNY Cybersquatting Gripe Site case: McAllister Olivarius v McAllisterOlivariusTruth.com

Law firm McAllister Olivarius sues a client for unpaid bills. Client registers the domain name McallisterOlivariusTruth.com. Law firm sues for cybersquatting. Client moves to dismiss. Motion to dismiss denied.


Failure to prove trademark rights dooms UDRP against VERB.COM




One of three UDRPs against yoyo.email to date


Example of UDRP regarding the .COMPANY TLD (uniqlo.company)


An in rem Action To Watch

Somewhat unusual use of the in rem provisions of ACPA. Chinese plaintiff alleges that a John Doe who also resides in China, has converted multiple domain names for (their) own use. Alleges cyber-squatting, tortious interference and conversion.

jin v 001hh com memo.pdf


This Gives The UDRP A Good Name Or A Bad Name, Depending On Your Outlook

Complainant appears to have been misleading as to whether it adopted its mark before or after respondent’s registration of the domain name CREDITEUROPE.COM, and argues that it is simply more important than registrant. Complainant loses on the first prong and there’s a stinging concurrence.
Coverage here.
Decision UDRP Credit Europe


'Appeal' Of UDRP To District Court

Plaintiff is a re-seller of Defendant’s NUPRO product. It registered the NUPRO.COM name and used it as landing page to promote the NUPRO product (linking to its multi-brand site). Defendant brought a UDRP and for the reasons described in this decision, the panelist held that plaintiff’s use exceeded a four part test of fair use by a re-seller:

1 the respondent must actually be offering the goods or services at issue;
2 the respondent must use the site to sell only the trademarked goods; otherwise, it could be using the trademark to bait internet users and then switch them to other goods;
3 the site must accurately disclose the registrant’s relationship with the trademark owner; it may not, for example, falsely suggest that it is the trademark owner, or that the website is the official site, if, in fact, it is only one of many sales agents;
4 the respondent must not try to corner the market in all domain names, thus depriving the trademark owner of reflecting its own mark in a domain name.

Under the ‘appeal’ procedure of the UDRP, plaintiff has now moved to stay the transfer and seeks a declaration of non-infringement in the SDNY (note that this is properly a de novo review by the district court).
Complaint Udrp Appeal


Mr. Olbermann, Please Retain Me

Tucker Carlson works for The Daily Caller. He is on the opposite side of the political spectrum from Keith Olbermann. The Daily Caller purchased the name KEITHOLBERMANN.COM. Yesterday it ran a story on it entitled “WE OWN YOU.” As of this writing, the lead story on KEITHOLBERMANN.COM is not about Keith Olbermann but about Mitt Romney. Carlson indicated that his new personal email was keith@keitholbermann.com. Today they are offering KeithOlbermann.com email addresses.
Tucker Carlson is presumably familiar with the elements of cybersquatting, as in 2008 he brought a UDRP to obtain tuckercarlson.com.
Salon has now reportedly registered tuckercarlson.net.


Live Nude Domains: What I Said About .XXX In 2005

If ICM changed nothing about its intentions in the past five years, then I agree with myself: it’s a minor harm reduction model, not targeted at the largest societal issues with porn, but probably worth the experiment.