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Howard Neu, The Internet Lawyer

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Mirror, Mirror On The Wall, Whos The Fairest Panelist At Wipo?

 Mark As Read    

Last week, we reported the total number of cases at WIPO, the total number of panelists who heard those cases, broke them down into contested and uncontested and how the panelists reached decisions in each case. Today I will reveal which panelists have been most favorable to Domain Investors and other Respondents faced with a […]

Wipo Contested Denials Are A Big Surprise

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Something very surprising has happened during the last 6 months at WIPO. The number of contested Denials are equal to the number of transfers! In deciding contested claims WIPO panels transferred 90 domains, but also denied 90 claims. Not only that, but there were also 24 findings of RDNH. WIPO used 259 different panelists (compared […]

The Forum 2022 Report Card

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In our last blog, we reported that out of 1,261 total cases decided by the FORUM in the past 6 months, only 29 Panelists filed Decisions with RICHARD HILL Deciding and reporting almost one case per day. For the 12 months ended December 31, 2022, Mr. HILL alone decided and reported 308 cases of which […]

One Panelist At The Forum Has Almost One Decision A Day

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For a number of years. this Blog has published semi-annually those Panelists at The FORUM and at WIPO who have been the fairest with the least bias against Domain Investors. For the last 6 months, we have recorded every decision by every panelist used by The FORUM with some extremely amazing results. the first thing […]

6 Month Comprehensive Wipo Review Part 2

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In Part 1 of this Comprehensive Review, we reported the total number of cases, the total number of panelists who heard those cases, broke them down into contested and uncontested and how the panelists reached decisions in each case. In this Part 2, I will reveal which panelists have been most favorable to Domain Investors […]

6 Month Comprehensive Wipo Review

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As I mentioned in last week's review of the FORUM Panelists (http:"neusnews.com/2022/07/6-month-comprehensive-forum-review/), there are a number of UDRP Providers, WIPO being the largest and most used. I have, for a number of years, posted semi-annually, the names of the panelists at WIPO who have been the most favorable to Domain Investors and Reg...

Forum Case And Panelist Annual Report

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The FORUM is the alternative to WIPO, but not as many cases are heard. In fact, for the last 6 months, the FORUM deliberated over 1,120 cases (half the number of WIPO cases), of which 1,022 (91%) were default cases with no response from the registrants. Of the 98 contested cases where Responses had been […]

Wipo Case And Panelists Annual Report

 Mark As Read    

In spite of the pandemic, or maybe because of it, there were 2,021 complaints heard by WIPO panelists in the past 6 months, and over 4,000 for the year 2021. Of those, 88% were default cases without response from the domain registrants. Interestingly enough, however, 17 of those default cases were denials and 2 of […]

Bad Udrp Decisions At The Forum

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In reviewing 77 contested cases in the last 6 months at the FORUM, I found what I believe to be a few very bad decisions based upon the information provided by the Panelist in his or her Decision. On February 9th, panelist ELENI LAPPA, was the sole panelist in the Complaint filed by Amazon Technologies, […]

Comparing Forum And Wipo Decisions

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The two largest providers for UDRP claims are WIPO and the FORUM. However, while WIPO published 2,050 decisions in the last 6 months, FORUM only had 697, of which 620 (89%) were uncontested. Of the 77 contested cases, only 29 (38%) were Denied. Interestingly, however, this is almost the same percentage of Denials that were […]

WIPO DECISIONS FINDING RDNH for the 6 months ended June 30, 2021

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It seems that the Panelists at WIPO are finding Complainants and their attorneys guilty of Abuse of the UDRP Process, known as Reverse Domain Name Hijacking (RDNH), more than ever before. So, we are starting a SHAMING of all those who knowingly file Complaints that they can't (or shouldn't) win as well as their attorneys […]

Wipo Good Decisions, Bad Decisions And Rdnh Offenders

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In the first 6 months of 2021, there have been a few very good decisions, but also a number of very bad decisions that I wish to bring to your attention. The year started off with a bad decision from Panelist Nick Gardner in Case #2020-3387, Roehrman v. hu huaigin. The Complainant had a trademark […]

Wipo Panelists Semi-annual Report

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With 2,050 decisions by panelists in the last 6 months, WIPO has been very active in UDRP cases. 1,728 of those cases went by default because the domain registrant failed to respond to the Complaint. Most of those were cybersquatters who give a bad name to the domain industry in general and domain investors in […]

Our Bigger And Better Annual Udrp Review Part 2 Forum

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This is Part 2 of our Annual UDRP Review; Panelists provided by the FORUM. Like WIPO, 87% of the cases decided by Panels in the past 6 months from July 1, 2020, to December 32, 2020, were by default. There were a total of 894 case decisions rendered, of which 777 received no Response. Of […]

The ADR Center of the Czech Arbitration Court (CAC) is an Effective UDRP Provider

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In a very recent case before the ADR Center of the Czech Arbitration Court (CAC), a 3 member Panel denied the Complaint in a claim for ICRM.COM. In the case ofiEnterprises, Holdings, LLC v. Private Domain (Mira Holdings, Inc.), Case No. 103374, the Panel found that although the Complainant held a pre-existing trademark for ICRM, […]

No Title

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In a very recent case before the ADR Center of the Czech Arbitration Court (CAC), a 3 member Panel denied the Complaint in a claim for ICRM.COM. In the case ofiEnterprises, Holdings, LLC v. Private Domain (Mira Holdings, Inc.), Case No. 103374, the Panel found that although the Complainant held a pre-existing trademark for ICRM, […]

Our Bigger And Better Annual Udrp Review Part 1 Wipo

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For a number of years, our readers have looked forward to our Annual Review of WIPO Decisions; what Panelists have been more favorable to Domain Investors, which Panelists to avoid if possible, and why cybersquatters give us all a bad reputation with the public. This year we are "beefing up" our report to provide you […]

Brh International, Inc. Found Guilty Of Rdnh

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In the case of BRH International, Inc. v. Mira Hold/Mira Holdings, Inc.,FA2010001918789, the FORUM 3-person panel not only found for the Respondent, but also found the Complainant guilty of Reverse Domain Name Hijacking of the domain HEMPER.COM. The Respondent had the winning bid at an auction in 2018, and it turns out that the Complainant […...

Legal Benefits For Ica Members

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The ICA is introducing a Legal Benefit for its members. Leading attorneys who have many years experience dealing with legal issues involving domain names and who are also fellow ICA members are offering a 15% discountto ICA members on their first engagement. In addition, new ICA members benefit from an additional$200 credittowards $1,000 of legal [...

We Really Had Our Udrp Response down Pat(.com)

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When our client, domain investor, requested that we file a Response to a UDRP on DownPat.com, he admittedly had only very recently acquired the domain name at auction. The Complainant had alleged that it had a trademark for "Down Pat" in Australia, so we had to look closely at the facts to see whether or […]

Forum Far From Friendly To Legitimate Domain Investors

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Of the 59 Panelists at the FORUM who heard contested cases from January 1, 2020, to June 30, 2020, only 29 of them denied the claims of the trademark holders. That is less than 50% of the Panelists, not including all of the 654 uncontested claims that resulted in transfers to the claimants. To make […]

First Comprehensive Semi-annual Forum Report

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This is a comprehensive review of every claim decided by the FORUM from January 1, 2020, to June 30, 2020. There were a total of 738 Decisions (as compared to 1,364 Decisions at WIPO), decided by 59 different Panelists (as compared to 105 at WIPO). Of those 738 Decisions, 654 (89%) were by Default where […]

At Wipo, Some Of The Good Guys Are Also Bad Guys

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A few days ago, we published for the first time, the WIPO Panelists who consistently render Decisions transferring the subject domain name to the Complainant. Seehttp://neusnews.com/2020/07/first-semi-annuapo-report-part-i/. Now, as we report every 6 months, here are the Panelists who are more favorable to Respondent Domain Investors and deny Claim...

FIRST SEMI-ANNUAL COMPREHENSIVE WIPO REPORT Part I

 Mark As Read    

The vast majority of UDRP cases are heard by WIPO Panelists. As my regular readers know, every 6 months I have given a run-down of the Panelists who have been most favorable to domain investors. However, this time, I have performed a comprehensive review of every decision published by WIPO from January 1 to June […]

Astounding Udrp News Part Ii

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Last month we revealed the results of our initial research into the UDRP Decisions that seemed to always be determined in favor of the complainant Trademark Holder. This turns out to be a MYTH!! Here is an excerpt from that article: So the BIG QUESTION that remains is how many of the CONTESTED UDRP Claims […]

Astounding Udrp News For Domain Investors!

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For a number of years, we have used this Blog to publish our UDRP Panelist Polls to determine which Panelists have been more favorable to Domain Investors and have denied Complaints on a consistent basis. However, we never looked at those other Panelists who consistently find for the complainant and require the domain name to […]

Cybersquatters Give Us All A Bad Name

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For a number of years, I have been listing the panelists at WIPO and the FORUM who have Denied Complaints by Trademark holders under the UDRP. This year, I decided to go one step further and list the "BAD" Panelists who seldom, if ever, deny complaints and consistently rule against the Domain Investor and require […]

Forum Has Only 3 Panelists Who Found Reverse Domain Name Hijacking

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Last week we published our annual TOP 10 LIST OF WIPO PANELISTS. This week we traditionally publish our Top 10 List of FORUM Panelists, but Panelists who deny complaints are few and far between. Also, for the second year in a row, there were only 8 Panelists who denied 3 or more complaints in the […]

Wipo Panelists Seem To Be Somewhat More Friendly To Domain Investors

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As a public service for domain investors, every 6 months we report which WIPO panelists have denied more Complaints and thus have allowed domain investors to maintain their domains in which, more often than not, heavy investments have paid dividends. Though fewer panelists (67) have denied complaints in 2019 than in 2018, (73), 14 of […]

Class Action Lawsuit Against Icann May Be Only Answer To Future Of Domains

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Constantine Zournas wrote that ICANN should be sued in order to stop the foreseen tremendous increase in domain pricing to benefit insiders who have worked for and continue to work for ICANN. Here are some excerpts of his fine analysis: The Internet Corporation for Assigned Names and Numbers (ICANN) doesnt care about the thousands of […]

Oath, Inc. A/k/a/ Yahoo! Loses Udrp To Our Client

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OATH, INC., successor of interest to YAHOO! filed a UDRP Action against our client for the domain name YMOBILE.COM at the FORUM. In the case of Oath Inc. v. Mira Hold / Mira Holdings, Inc,FA1908001858330, decided October 8th, 2019, in a split decision, the panel Denied the Complaint finding that our client had Rights or […]

Wipo Finds Rdnh In Our Latest Udrp.

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In a Decision handed down on August 8th, a WIPO Panel consisting of Andrew Lothian, Fernando Triana and Nick J. Gardner in the case of SOCIEDAD PUERTO INDUSTRIAL AGUADULCE, S.A. v. ABDULBASIT MAKRANI, D2019-1378, denied the Complaint and found that the Complainant was guilty of Reverse Domain Name Hijacking. Our client, who is a […]

Domain Investor Saves Suamusica.com In U.s. District Court

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On July 18, 2018, WIPO Panelist Steven Maier ordered the transfer of SUAMUSICA.COM to the Complainant, Ambi Servicos de Internet Ltda, a Brazilian Company, even though the Complainant did not have a trademark for the name. Case No. D2018-1026. Domain investor Stanley Pace, who has registered a number of Spanish and Portuguese domain names was [R...

Jury awards $1M in Hazleton malpractice case

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A Luzerne County jury on Tuesday delivered a roughly $1 million verdict against Lehigh Valley Hospital Hazleton and its clinicians for failing to recognize a deadly stroke in progress. John J. Kostanesky, 41, of Beaver Meadows, died on May 1, 2016, after doctors and nurses at the hospital failed to diagnose and treat the […]

Forum Record Of Complaint Denials Is Still Dismal

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In the last 6 monthsONLY 2 PANELISTShave denied more than 2 claims at the FORUM. There were 36 different Panelists appointed to hear cases (up from 32 for the last 6 months of 2018), and only 8 more of them denied 2 claims and 8 Panelists found that the Complainant had committed Reverse Domain Name […]

Wipo Panelists Semi-annual Report The Future Is Looking Brighter

 Mark As Read    

As a public service for domain investors, every 6 months we report which WIPO panelists have denied more Complaints and thus have allowed domain investors to maintain their domains in which, more often than not, heavy investments have paid dividends. We also would like to highlight domain Defense Attorneys who have succeeded in getting WIPO […...

Dr. Muscle v. Michael Krell

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David Bernstein, sole panelist for the FORUM on the above claim, determined that being a domain name speculator is not a showing of "Bad faith" under the UDRP. Here is the important part of that decision finding in favor of the Respondent. Registration and Use in Bad Faith The Complainants only argument in support of […]

With Certain Exceptions, The Forum Is Still Not Friendly To Domain Investors

 Mark As Read    

Last week we published our annual TOP 10 LIST OF WIPO PANELISTS. This week we traditionally publish our Top 10 List of FORUM Panelists, but with a few exceptions, it continues to show a rather lackluster performance when it comes to being fair and balanced between Trademark holders that pay their fees and Domain Investors […]

Wipo Semi-annual Report 73 Different Panelists Deny Complaints

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As a public service for domain investors, every 6 months we report which WIPO panelists have denied more Complaints and thus have allowed domain investors to maintain their domains in which, more often than not, heavy investments have paid dividends. 73 different Panelists denied one or more claims in the last 6 months. Of those, […]

Harrison cop wins $13M in medical malpractice suit after wifes death

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JERSEY CITY— A New York jury has awarded a Harrison police officer and his children $13 million in a malpractice suit he filed in 2012 after his wife died days after undergoing surgery in Manhattan. Cheryl Raefski, 43, underwent surgery to remove a polyp from her colon at NYU Langone Medical Center in November 2011 […]

2 Legal Panels To Hi-lite Merge! 2018

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The Second annual MERGE! Conference of Conferences will be held from Saturday, September 15th to Wednesday, September 19th at the beautiful Lake Buena Vista Hilton at Disney Springs, Orlando, Florida. There will be more than 50 speakers, great networking and all different areas of digital assets including domain names at THE Domain Conference porti...

The Forum Has Record Number Of Findings Of Rdnh

 Mark As Read    

Last week we published our semi-annual TOP 10 LIST OF WIPO PANELISTS. This week we traditionally publish our Top 10 List of FORUM Panelists, but with a few exceptions, it continues to show a rather lackluster performance when it comes to being fair and balanced between Trademark holders that pay their fees and Domain Investors […]

John Swinson Tkes Over As Best Panelist For Respondents At Wipo

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This is our semi-annual blog on the best panelists at WIPO for Respondents. We believe that this is a useful tool for those Respondents to a UDRP claim who wish to have a 3 person panel, as it provides a guideline as to those panelists who have denied claims and have found for Reverse Domain […]

Ica Proposes Adoption Of Udrp Reform Policy Platform

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The Internet Commerce Association (ICA) has published its proposed UDRP REFORM POLICY PLATFORM. I believe this to be a big step forward, if adopted by ICANN, in providing safeguards for both Trademark Complainants and Domain Investor Respondents. It basically seeks transparency and uniformity in panels and decision making by Dispute Resolution Prov...

THE NATIONAL ARBITRATION FORUM is completely biased towards Trademark Complainants

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The NAF continues to provide a rather lackluster performance when it comes to being fair and balanced between Trademark holders that pay their fees and Domain Investors who find themselves having to defend spurious UDRP Actions. There are only 4 panelists who have denied claims in more than 2 cases in the past 6 months. […]

ADAM TAYLOR Continues to Lead the Pack at WIPO

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Six months ago, we labeled Adam Taylor as a Superstar for Domain Investors. He haddenied 9 complaints and had found 6 of the Complainants guilty of Reverse Domain Name Hijacking (RDNH) or Abuse of the Process of the UDRP. However, from July through December, 2017, he has outdone his previous performance and has found for […]

Wipo Panel Gives Good Explanation On Limitations Of Udrp Litigation

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In a recent decision by a WIPO panel,http://Decision D2017-1782.doc the panel determined that not all controversies surrounding domain names and trademark confusion are conducive to bringing a UDRP action. In its deliberations, the panel made the following determinations: Discussion and Findings Pursuant to the Policy, Complainant is required to pr...

Our Client Won A Udrp On Printfactory.com

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Our client, AbdulBasit Makrani, succeeded in defending his registration ofPrintFactory.com. He had it parked after registering it late last year. Due to the generic use of the definitive words "Print" and "Factory", the Panel was properly under the opinion that having links to the generic meaning of the words was sufficient to establish a legitimat...

National Arbitration Panels Show Slight Improvement

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Last week we published our semi-annual TOP 10 LIST OF WIPO PANELISTS.  This week we traditionally publish our Top 10 List of NAF Panelists, but with a few exceptions, it continues to show a rather lackluster performance when it comes to being "fair and balanced" between Trademark holders that pay their fees and Domain Investors […]...

Wipo Panelist Is Rdnh Superstar

 Mark As Read    

Our Semi-annual survey of WIPO panelists revealed a shocking development.  In the last 6 months, one WIPO Panelist has found 6 Complainants guilty of Reverse Domain Name Hijacking!  This is a new record and possible cause for celebration in the Domain Investment community.  ADAM TAYLOR has denied 9 complaints and has found 6 of the Complainants [&#...

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