What's new

Excellent TM win!

DomainNames

Top Contributor
Yes nice win. Its great to see sanity prevailed and that lady won her case to use Angeles Maternity.... Does anyone in Australia really think of a USA baseball team when you hear that name? No.

_____________
Often companies and lawyers attempt these bullying methods to get people to give in.... Its a lot like "reverse domain name hijacking" where big companies and lawyers try the same thing to domain name owners citing " trademarks"..... "common law trademarks" etc. Often it's just bullying to scare you into giving it up to them without a fight... Always lodge a defence and protect your own rights!

http://en.wikipedia.org/wiki/Reverse_domain_hijacking

http://www.dntrade.com.au/reverse-d...ts-t1836.html?t=1836&highlight=reverse+domain

http://www.griffithhack.com.au/mediacentre-ReverseDomainNameHijacking

Reverse Domain Name Hijacking

Reverse Domain Name Hijacking - Griffith Hack



16 August 2011





Domain name disputes can be won or lost. Losing a dispute usually entails not being able to reclaim a domain name. However, it is also possible for a finding to be made against a complainant, namely a finding of reverse domain name hijacking.

UDRP panels have found reverse domain name hijacking in circumstances where the complainant knew or clearly should have known at the time that it filed the complaint that it could not prove one of the essential elements required under the UDRP.

Futuris Automotive Interiors (Australia) Pty Ltd filed a complaint against X9 Interactive LLC with the aim of securing the domain name futuris.com. Futuris was able to demonstrate that it had rights in the FUTURIS name.

However, Futuris also provided details of X9’s legitimate use of the FUTURIS name. In doing so, Futuris made out much of X9’s defence. More importantly, Futuris thereby demonstrated that the disputed domain name had not been registered in bad faith.

As a result, the panel found that Futuris’ complaint was brought in bad faith and constituted an abuse of the administrative proceeding, i.e. an attempt at reverse domain name hijacking.

Complainants should take care to determine the merits of a complaint prior to initiating a proceeding. In particular, the UDRP should not be used to seek to deprive a legitimate registrant of a domain name.

http://domainnamewire.com/2011/06/30/finally-a-good-udrp-finds-reverse-domain-name-hijacking/

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-0596
 
Last edited:

Community sponsors

Domain Parking Manager

AddMe Reputation Management

Digital Marketing Experts

Catch Expired Domains

Web Hosting

Members online

No members online now.

Forum statistics

Threads
11,101
Messages
92,056
Members
2,394
Latest member
Spacemo

Latest posts

Top