— TrademarkBlog (@TrademarkBlog) September 11, 2014
— TrademarkBlog (@TrademarkBlog) September 9, 2014
— TrademarkBlog (@TrademarkBlog) September 8, 2014
— TrademarkBlog (@TrademarkBlog) September 7, 2014
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.
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.
Decision UDRP Credit Europe
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
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 [email protected] 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.
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.
In anticipation of next week’s meeting in Brussels, ICANN has released a fourth draft of the Applicant Guidebook that describes the process of applying for new generic top level domains.
It has also released “An Economic Framemark for the Analysis of the Expansion of Generic Top-Level Domain Names” which concludes that either good and/or bad things could result from new gTLDs.
Economic Analysis of New Gtlds 16jun10 En