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ICA UDRP Digest – Vol 2.40 Thank you for tuning in to this week's digest! In this issue, we review these noteworthy decisions: <nobli .com> <tobias .com> <nuramax .com> <melindagates .com> <bonamanzi .com> Our General Counsel Zak Muscovitch has added commentary as well. Enjoy! __________________________...
Coming up next month, ICANN is offering (2) free 60-minute virtual seminars for anyone interested in learning about the behind-the-scenes governance of the Internet. The ICANN for Beginners Virtual Program is designed to be interactive and engaging and requires absolutely no prior technical or governance experience. Join to learn not only about the...
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions: <usaainsuranceclaimsadjusting .com> <boostcollective .com> <sukhsagar .com> <meta-statefarm .com> Our General CounselZak Muscovitch has added commentary as well. Enjoy! The ICA looks forward to attendingWIPOs Advanced W...
We're proud to announce the ICA Annual Member Meeting this January 22-24, at the brand new Resorts World in Las Vegas! You can now register and book your ticket for the ICA Member Meeting at the brand new Resorts World inLas Vegas! Early Bird Tickets– $199, which increases to $299 November 1st Hotel Rooms– $100 plus ... ...
Thank you for joining us for the Digest as wecover some of the most interesting decisions from the past week; <veripro .com>, <snugg .com>, <redreactive .com>, <mambo-beach .info>, and <jurgenneeme .com>. Our General CounselZak Muscovitch has added commentary as well. Enjoy! __________________________________...
Thank you for tuning in! This week's digest is covering a handful of compelling recent decisions; <kosmos .com>, <redgrass .com>, <exclusivebeauty .com>, <kiltandkilts .com> and <amiweb .store>.Our General Counsel, Zak Muscovitch has added commentary as well. Enjoy! ___________________________________________...
Welcome to the latest UDRP digest! It's a busy week, with Zak, Ankur and several other ICAmembers traveling toICANN75in Kuala Lumpur. Bon Voyage!Nevertheless, here we areto report on some of the past week's mostinteresting UDRP decisions.Join uswe take a closer look at<CortexComputer .com>, <HighlandKiltsCompany .com>, <L...
Circumstantial Evidence of Hidden Registration Date Neometals Ltd v. DOMAIN ADMIN, DOMAIN PRIVACY SERVICE FBO REGISTRANT / lisa deere, WIPO Case No. D2022-2360 <NeoMetals .com> Panelist: Mr. Andrew D. S. Lothian Brief Facts: The Complainant was incorporated in 2001 with initial focus on gold and base metals exploration mining, and since evo...
Upon Information and Belief Inadequate in UDRP Proceedings Kaufman Realty and Auctions, LLC v. WEB REG / RARENAMES, INC., NAF Claim Number: FA2207002006249 <KaufmanAuctions .com> Panelist: Mr. Terry F. Peppard Brief Facts: The Complainant specializes in auctions and sale of property. The Complainant holds a registration for the KAUFMAN AUCT...
A UDRP is not a Notice Pleading Titmouse, Inc. v. Paul Blank, WIPO Case No. D2022-2208 <titmouse .com> Panelist: Mr. W. Scott Blackmer Brief Facts: The US Complainant, established in March 2000, offers little information concerning the Complainants business or reputation. However, the Complainant operates a website at <titmouse .net>...
In this week's edition of the UDRP digest we are taking a closer look at some recent noteworthy decisions: <lambo.com>,<FlyGo .com>,<D9thcCarts .com>, <MicroEdge .net>and<StudioAutobody .com>. We hope you enjoy yet another intriguing Digest! Lambo.com Transferred to Lamborghini, with Strong Dissenting ...
Welcome to this week's UDRP Digest summarizing the most intriguing cases of the past week including<amadeus.co>,<tampawatertaxi.com>, <guess-that .com>,<sexican.com>,and more!You'll also findcommentaries by Zak Muscovitch, ICA General Counsel.We hope you'll enjoy another fantastic Digest! Does the Name, AMADEU...
The ICA will be hosting its 7th Annual Dinner atNamesCon2022! Both members and non-members are invited and can purchase their ticketshere. All proceeds from the dinner will benefit ICA work. The dinner started as a small casual gathering back in 2015 and has grown in numbers, drawing the who's who of the domain name industry. And while the dinner h...
Welcome to this week's UDRP Digest summarizing the most intriguing cases of the past week oninitiv.com, Guess-Work.com,WanderList .com,and more!You'll also findcommentaries by Zak Muscovitch, ICA General Counsel, on twoof the cases. We hope you'll enjoy another fantastic Digest! Complainant Attempted to Deceive Panel Sanofi v. Privacy Servic...
Welcome to this week's UDRP Digest summarizing the most intriguing cases of the past week. You'll read aboutHandyGuy .com, FlingPals .com, HcciProtection .com, MarvellExports .com, andSwim4Life .ca.We hope you'll enjoy another fantastic Digest! Panel: Complainant Should Have Bought the Domain Name Handy Guy Inc. v. Merlin Kauff...
Welcome to this week's UDRP Digest summarizing the most intriguing cases of the past week on CliffNotebooks.com, Enodo.com, OpenBots.com, FicoNext.com, gootgle .com, and more! You'll also find significant commentaries by Zak Muscovitch, ICA General Counsel, on many of the cases. We hope you'll enjoy another fantastic Digest! A Baffling Decis...
Welcome to this week's UDRP Digest summarizing the most intriguing cases of the past week and significant comments by Zak Muscovitch, ICA General Counsel on <zydus .com>, <jtt .com>, <DryWater .com>, <FlukeRepair .com>, and <bfd .com>. We think you'll enjoy this POWERHOUSEDigest! Investors Can Have Leg...
Welcome back after a short break! Today's digest compliessome of the most intriguing UDRP cases of the past weeks. You'll also find commentaries from Zak Muscovitch, ICA General Counsel, for most of them, notably in the case of <reza. com>. Dissenting Panelist Would Have Decided Case Wildly Differently Reza IP Holdings LLC v. Taha Alireza, ...
All ICA members are invited to our next ICA Member Exclusive AMA with another domain-name industry legend,Braden Pollock.Braden is a long-time ICA supporter, a domain name investor, a frequent speaker and moderator of domain name shows, an angel investor, and an entrepreneur! You can learn more about Braden on his website,Legal Brand Marketing.Join...
Welcome to this week's newsletter summarizing the most intriguing cases of the past week. Read about <victron .com>, <issaquahfc .com>, <sobold .com>, <artmeta .io> and <flexspace .nu>. Please note that the Digest's Editor-in-Chief, Ankur Raheja, will be away next week, and we'll be pausing the release of the...
Welcome to this week's digest summarizing the most intriguing cases of the past week, with a joint commentary from Zak Muscovitch, ICA General Counsel and Ankur Raheja, the Digest's Editor-in-Chief on the FicoIndia.org case. In addition, read about DeltaLife.com, dimsi.com, LibertyPuzzle.com, and cgi.in. If you haven't yet, make sure you check out ...
All ICA members are invited to participate in an AMA with a domain industry legend, Monte Cahn! Monte has been a domain name industry fixture since the mid-90s, and he's not slowing down! He has plenty to share, whether you want to hear about the early days of domaining or his current ventures. From SnapNames and Moniker to RightOfTheDot and ... R...
Welcome to this week's UDRP Digest, summarizing the most intriguing cases of the past week, with two commentaries from Zak Muscovitch, ICA General Counsel. This week, a special case summary and comment focus on the 500th RDNH in the YouSwitch.biz case. You can also read more about this significant milestone in a Circle ID article co-authored by ICA...
Yesterday, for the 500th time, an expert panel under the Uniform Domain Name Dispute Resolution Policy or UDRP, issued a decision finding a Complainant guilty of Reverse Domain Name Hijacking or RDNH. RDNH is an attempt to egregiously misuse the UDRP to unjustly seize a domain name from its lawful owner. ICANN, the Internets domain name overseer, e...
Welcome to this week's newsletter summarizing the most intriguing cases of the past week for you. Read about decision onfaca .com, camco .com, officialglock19shop .com, and greenyourlab .org! Faca.com decision highlights evolution in views towards domain name investors over the past decade Sergio Juan Canamasas Espaol v. Whois Privacy Servic...
Bring your questions and join us tomorrow for another ICA Member Exclusive event – AMA with Drew Rosener of Media Options! Drew needs no introduction to most of our members, and you can learn more about him from amember profile he did for the ICA a while back. We'll get started on Zoom, and Drew will also answer questions in ... Read More Th...
The Importance of Trademark Chronology WEX Inc. v. Tom Soulanille, NAF Claim Number: FA2204001991413 <wex .com> Panelists: The Honorable Neil Anthony Brown QC, (Chair), Mr. Gerald M. Levine and Professor David E. Sorkin Brief Facts: The US Complainant provides financial technology services across various industry sectors and claims use of t...
RDNH in Undefended Case:Evidence of Secondary Meaning and a Pre-existing Trademark is Required Ecostream LLC v. Bart Vandehoek / Eneco B.V., NAF Claim Number: FA2204001990841 EcoStream .com Panelist: Mr. Terry F. Peppard Brief Facts: The Complainant, established on November 14, 2013, provides water management and hydrocarbon reclamation services. T...
All ICA members are invited to take part in an ICA Member Call on Domain Name Transfer Locks, Wed, May 11th at 1 pm EST. Come and learn about the different kinds of transfer locks and share your feedback on how the transfer lock policy should be changed. ICA General Counsel, Zak Muscovitch is part of the ICANN Transfer Policy ... Read More The pos...
Dreyfus Finds Plan B RDNH Canon City Property Management, LLC v. David Borden, NAF Claim Number: FA2203001987569 <canoncitypropertymanagement .com> Panelist: Ms. Nathalie Dreyfus Brief Facts: The Complainant, a real estate management company in Canon City, Colorado has a website at <canoncitypropertymgmt .com>. The Complainant filed...
Short Domain Name Value Wayne Kramer v. WangRongHua (), WIPO Case No. D2022-0118 <mc5 .com> Panelist: Ms. Sok Ling MOI Brief Facts: The individual Complainant owns the trademark MC5 in respect of entertainment services in the nature of live musical performances with USPTO registered on July 20, 2021, claiming first use in commence on April ...
Innocent Registrant Found to be a Cybersquatter? A Very Troubling Decision. Motennas, LLC v. FengWenJia, NAF Claim Number: FA2203001986623 Panelist: Mr. David P. Miranda, Esq. Brief Facts: The Complainant operates a TV antenna business and owns rights in the MOHU trademark based on registration with the USPTO dated January 22, 2013. The disputed Do...
Today the ICA submitted its Comment in response to ICANN's recentStatus Report on the UDRP. UDRP reform is one of the most critical concerns for our members. An effective, fair, and legitimate UDRP must balance both protection of intellectual property rights and the protection of domain name registrant rights. Our members include many owners of val...
Respondent is Known by the Domain Name Despite Complainant Trademarks Aquarian Foundation, Inc. v. Daryl Wardenaar, Church of Higher Spiritualism, WIPO Case No. DAU2022-0003 <hispirit .org.au> Panelist: Mr. John Swinson Brief Facts: The Complainant is a church established in 1955, whose principal place of business is in Seattle, United Stat...
The Multi-factored Approach to Claimed Free Speech Cases Everytown for Gun Safety Action Fund, Inc. v. Contact Privacy Inc. Customer 1249561463 / Steve Coffman, WIPO Case No. D2022-0473 <momsdemand .org> Panelist: Mr. Georges Nahitchevansky Brief Facts: The US Complainant, a gun violence prevention organization, uses the mark MOMS DEMAND AC...
Who Gets the Domain Name When There are Multiple Users of the Mark and No Specific Targeting of the Complainant? Matias Eduardo Araya Varela v. Jason Newby, WIPO Case No. D2021-4256 <reimex .com> Panelists: Mr. Reyes Campello Estebaranz (Presiding), Mr. James W. Dabney and Mr. Gerald M. Levine (Dissenting) Brief Facts: The Chilean Complaina...
We want to congratulate both Michael Cyger and GoDaddy on GoDaddy's recent acquisition of DNAcademy! Since GoDaddy is already represented on the ICA Board by their President of Domains, Paul Nicks, to keep its balance, Michael Cyger will be stepping down from the Board effective today, March 31, 2022. We will miss his leadership and presence on the...
Complex Dispute Over Medellin Website Damijan Tuscana/Medellin Living, LLC v. Brad Hinkelman, NAF Claim Number: FA2202001984731 <MedellinLiving .com> Panelist: Mr. Steven M. Levy, Esq. Brief Facts: The Complainants own rights in the MEDELLIN LIVING mark based on registration of the mark with the USPTO on Dec. 4, 2018. The Complainant assert...
Unanimous Panel: Resale of Brandable Domain Names is a Legitimate Activity. RDNH Found. Bookker Corporate S.L.U and The Graffter SL v. Domain Admin / This Domain is For Sale, HugeDomains .com, WIPO Case No. D2021-4277 <bookker .com> Panelists: Mr. Assen Alexiev (Presiding), Mr. Alejandro Tourio and Mr. Jeffrey Neuman Brief Facts: The Compla...
Akami vs. Cloudflare in Edgeworker Dispute Akamai Technologies, Inc. v. Cloudflare Hostmaster / Cloudflare, Inc., NAF Claim Number: FA2201001979588 EdgeWorkers .com and 3 more Domain Name Panelists: Mr. David H. Bernstein (Presiding), Mr. Darryl C. Wilson and Mr. Paul M. DeCicco Brief Facts: The US Complainant is a technology and software company a...
Large Texas Company Accuses Similarly Named Smaller Texas Company of Infringing Timec Oil and Gas, Inc. v. Domain Admin, Privacy Protect, LLC (PrivacyProtect.org) / Guy Ngassa, The Solution Engineering Group, WIPO Case No. D2022-0064 <timecservices.com> Panelist: Mr. Georges Nahitchevansky Brief Facts: The Complainant is a provider of mecha...
Should a Fanciful Domain Name be Presumed Registered in Bad Faith? Socit Librairie Fernand Nathan-Fernand Nathan & Cie v. Domain Administrator, DomainMarket.com, WIPO Case No. D2022-0016 <kididoc.com> Panelist: Mr. Edoardo Fano This case highlights an important and evolving issue arising from the UDRP. Generally, made-up words are consi...
Is Restoring a Registration During Grace Period a New Registration? Vacation Pig, LLC d.b.a OOVO v. elmer rubio, NAF Claim Number: FA2201001981434 <oovo .com> Panelist: Mr. Steven M. Levy, Esq. Brief Facts: The Complainant markets and sells devices that are used for occluded vocal tract and breathing exercises related to playing musical ins...
We have a very special event planned for all ICA members. For the first time in his new role as President of Domains, Paul Nicks will speak to ICA Members in an exclusive Q&A session. Paul has been with GoDaddy since 2007 and has recently been promoted to the highest level of GoDaddy's leadership. We're fortunate to have had the ... Read More ...
Surname is Fair Game for Investment. A Few Bad PPC Links Does Not Sufficiently Prove Bad Faith Industrias Tamer S.A. DE C.V. aka MIKELS v. Anonymize, Inc., WIPO Case No. D2021-4017 <Mikels .com> Complaint Denied Panelist: Dr. Kaya Kkl Brief Facts: The Mexican Complainant founded in the 1960s, is mainly active in the development and sales of...
Fireworks Erupt Between Two Competitors Phantom Fireworks Showrooms, LLC / Phantom I.P., LLC v. Frank Elliott / Jurassic Fireworks, Seasonal Sales Inc., WIPO Case No. D2021-4104 <PhantomFireworksScams .com> Complaint Denied Panelist: Mr. W. Scott Blackmer Brief Facts: The Complainant Phantom Fireworks Showrooms, LLC retails fireworks in th...
ADNDRC: 22 Year Delay Results in Unanimous Loss for Hong Kong Stock Exchange Hong Kong Exchanges and Clearing Limited v. Time Cowork Ltd, ADNDRC Case No. HK-2101563, HK-2101564 and HK-2101565 <hkex.com>, <hkex.net> and <hkex.org> Complaint Denied Panelists: Ms. Shahla Ali, Mr. Douglas Clark and The Hon. Neil Brown Q.C. Brie...
Parties to a UDRP Should be Careful with and Forthright in their Submissions Indoor Billboard/Northwest, Inc. v. Domain Administrator / Synergy Technologies, LLC, NAF Claim Number: FA2111001973863 <IndoorBillboard .com> Complaint Denied (RDNH) Panelists: Mr. Aaron B. Newell (Presiding), Mr. Gerald M. Levine, and Honorable Bruce E. Meyerson ...
Complainants Plan B and Attempt to Mislead, Results in RDNH Decision Bybit Fintech Limited v. Liqian (), WIPO Case No. D2021-3559 <bybt .com> Complaint Denied (RDNH) Panelist: Mr. Matthew Kennedy Brief Facts: The Complainant, established in 2018, operates a cryptocurrency exchange at <bybit .com> (note the i in contrast to disputed ...
A Simple UDRP Plan Results in RDNH Simple Plan Inc. v. Michel Rog, NAF Claim Number: FA2111001973743 <simpleplan .com> Complaint Denied (RDNH) Panelists: Mr. Steven M. Levy, Mr. Terry F. Peppard and Mr. Alan L. Limbury, Brief Facts: The Canadian Complainant originally formed as a pop/rock band in 1999, registered the disputed Domain Name on...
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