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news Moon Juice is a reverse domain name hijacker

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deez007

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Company that sells “sex dust” tries to hijack domain name.

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Reverse domain name hijacker

Los-Angeles, California-based Moon Juice Ventures, which uses the domain name MoonJuiceShop.com, has been found to have engaged in reverse domain name hijacking.
The finding comes as a result of the company’s cybersquatting complaint against the owner of MoonJuice.com.

Moon Juice attempted to buy the domain name MoonJuice.com, which was registered over a decade before the California company received any sort of trademark rights in the term Moon Juice. The owner offered to sell it for $35,000 in response to the store’s inquiry.

Unhappy with the price, Moon Juice Ventures decided to try to get the domain name through a cybersquatting UDRP complaint. The complaint failed because it was impossible to show that the domain was registered and used in bad faith.

World Intellectual Property Organization panelist Alistair Payne determined that the complaint was filed in bad faith:

For the reasons set out above, it seems to the Panel that this Complaint was brought in order to obtain a domain name that the Respondent had bona fide registered many years prior to the commencement of the Complainant’s business or the registration of its trade mark. Following the Respondent’s refusal of the Complainant’s offer to purchase of the disputed domain name the Complainant still attempted to obtain the disputed domain name by filing this Complaint under the Policy in circumstances that there was clearly no registration in bad faith, or evidence of targeting of the Complainant by the Respondent. As a result there was no reasonable basis on which the Complaint could succeed and the Panel finds that this Complaint amounts to a case of reverse domain name hijacking.

The complainant was represented by attorney Nada Alnajafi.

Source: http://domainnamewire.com/2016/07/21/moon-juice-reverse-domain-name-hijacker/
 
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They negotiated and got the domain maybe for around $20k instead of going UDRP complaint.
 
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What are the consequences of being found guilty of "reverse hijacking"?
 
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What are the consequences of being found guilty of "reverse hijacking"?

It leaves them open for a civil action; though extremely rare.

The consequences are mostly online shaming.

Which is why these companies don't care and are willing to take a shot at someones domain for $1,500. Some reform is necessary, because the risk/reward is biased against the domain owner.

Learn more by reading this thread:
https://www.namepros.com/threads/so-why-does-elephant-co-uk-own-elephant-com.585245/
 
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It leaves them open for a civil action; though extremely rare.

The consequences are mostly online shaming.

Which is why these companies don't care and are willing to take a shot at someones domain for $1,500. Some reform is necessary, because the risk/reward is biased against the domain owner.

Learn more by reading this thread:
https://www.namepros.com/threads/so-why-does-elephant-co-uk-own-elephant-com.585245/
Wow, Elephant.com was not that cut and dry IMO. That could have easily gone the other way.
 
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so the keypoint was that domain was regged by owner before the trademark came by company.

does the exact same apply if say the original owner sold the domain to someone else AFTER the trademark was made.... would it still be as easy for new owner to win this claim? or is change of ownership after tm, same as someone registering domain from scratch? and in both cases the new owner would most likely not win the claim.
 
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For UDRP purposes a change of ownership is often treated like a new registration. But of course it depends on the circumstances. A new owner has to be aware of existing TMs and behave accordingly.
 
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does the exact same apply if say the original owner sold the domain to someone else AFTER the trademark was made.... would it still be as easy for new owner to win this claim? or is change of ownership after tm, same as someone registering domain from scratch? and in both cases the new owner would most likely not win the claim.

This is where "good will" comes into question. If the original registrant makes a good faith registration, their good will extends to the new owner.

Having actual use and a contract in place that expresses this between the two parties will strengthen that position.

A complainants TM position is no stronger, or weaker, after a bona fide transfer between two parties has been made.
 
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This is where "good will" comes into question. If the original registrant makes a good faith registration, their good will extends to the new owner.

Having actual use and a contract in place that expresses this between the two parties will strengthen that position.

A complainants TM position is no stronger, or weaker, after a bona fide transfer between two parties has been made.

hmmm tms have to be one of most complex and subjective and annoying thigns for domainers.. or so it seems.

but my point was.. if the original owner who regged years before company or tm came into being, obviously owns this and regged the domain in "good faith" with no ill intent toward company that hasn't even existed when he regged it, then would this good faith automatically extend to new owner? it appears Kate said something opposite to you.
 
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I need to be more accurate. If there is a change of ownership it's not a problem if the domain is still being used just the same.
For example, you sell a business and its assets including the domain name. The business carries on with a new owner, end of the story.

If the new owner decides to change course, and use the domain differently, this could be a problem. He must take care not to infringe on newly-established TMs.

In practice a change of ownership often involves changes in the way the domain will be used. That's where you have to be careful. So a domainer buying an aged, expired domain to sell it, cannot claim the goodwill and TM rights from the previous holder. It amounts to a new registration.
 
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I need to be more accurate. If there is a change of ownership it's not a problem if the domain is still being used just the same.
For example, you sell a business and its assets including the domain name. The business carries on with a new owner, end of the story.

If the new owner decides to change course, and use the domain differently, this could be a problem. He must take care not to infringe on newly-established TMs.

In practice a change of ownership often involves changes in the way the domain will be used. That's where you have to be careful. So a domainer buying an aged, expired domain to sell it, cannot claim the goodwill and TM rights from the previous holder. It amounts to a new registration.

hmmm.. well.. I didn't really mean new owner buys expired domain.. .I meant buys a domain from original owner.. in a sale agreement.. private or via auction. I didn't mean to include the "expired" factor into an already complex matter. sorry to confuse.

in that case I presume even if original owner never developed this domain and had it parked with forsale banner all the time, while awaiting sales.. if the new owner buys it.. and continues to do same.. and just puts it up for sale on a parked page.. that'd still be considered ill faith... cause he is now owner of a domain carrying TM.. which came to life before the new owner bought it.
 
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Parking a domain name does not amount to active usage. So if you (or the previous holder) has been parking the domains, no TM rights were accrued anyway. In this case you have to be careful always about current and future TMs, always.
 
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