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#1 (permalink) |
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Senior Member
Join Date: Oct 2006
Posts: 767
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Saw this this morning...
Dispute Resolution Program Boasts a Legal Process that is Quick, Inexpensive, Neutral and Expert MINNEAPOLIS, Sept. 13 /PRNewswire/ -- The National Arbitration Forum recently issued decisions on the rights to Univision.tv, Webkinzz.com, Webkniz.com, Weblinz.com and ChocolateKiss.com. "Domain names have irreplaceable value for trademark holders. Abusive practices like cybersquatting and typosquatting can lead to disputes," said Kristine Dorrain, Internet Legal Counsel. "The National Arbitration Forum domain name dispute resolution program boasts a legal process that is quick, inexpensive, neutral and expert." The following three decisions were made in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) by independent and neutral arbitrators on the National Arbitration Forum's panel. Univision.tv On June 7, 2007, Univision Communications Inc., the premier Spanish- language media company in the United States, submitted a complaint electronically with the National Arbitration Forum asserting legal rights to the domain name Univision.tv. The Complainant requested the dispute be decided by a three-member panel. The Panel concluded that the domain name is identical to the registered trademark UNIVISION with the addition of the .tv extension. Respondent and registered owner Edmundo Norte could not support his claim of an intent for future use as a parody site and did not demonstrate rights to or legitimate interests in Univision.tv. The Panel found that the Respondent offered to sell the domain name for an amount in excess of reasonable development expenses which supports findings of bad faith registration and use. The Complainant successfully established all three elements required under the ICANN Policy and defended its trademark in domain name dispute resolution. On August 16, 2007, Univision.tv was ordered to be transferred to Univision Communications Inc. Webkinzz.com Ganz, owner of Webkinz a popular line of real and virtual stuffed animals, submitted a complaint electronically on May 21, 2007. The National Arbitration Forum panelist found that the domain names Webkinzz.com, Webkniz.com, and Weblinz.com were registered by renowned cybersquatter Texas International Property Associates. The Panel found that the three disputed domain names are confusingly similar to the WEBKINZ mark all with slight typographical variations. The Panel went on to find that erroneous variations of Complainant's WEBKINZ mark are typical of typosquatting -- using a website to profit from the mistyping of someone else's trademark -- and prove the Respondent's lack of rights and legitimate interests. Because the Respondent used the websites to generate revenue through pay-per-click advertisements it was found that the domain names were registered and used in bad faith. Ganz proved all three elements required of the ICANN Policy and was granted the rights to Webkinzz.com, Webkniz.com, and Weblinz.com on July 19, 2007. ChocolateKiss.com The Hershey Company, one of the largest chocolate production facilities in the world, filed a claim electronically on April 20, 2007 against Respondent R. Reaves. Complainant, the Hershey Company, requested that the dispute over ChocolateKiss.com be handled by a panel of three National Arbitration Forum arbitrators. The Panel found that ChocolateKiss.com was confusingly similar to Complainant's KISSES mark, as the term "chocolate" was simply descriptive of Complainant's business and the combination of the terms was calculated to suggest the involvement of Complainant. The Panel also found that Respondent lacked rights or legitimate interests because the content displayed on Respondent's website gave the erroneous impression that it was affiliated with Complainant. Finally, the Panel found that Respondent registered and was using the domain name in bad faith because Respondent was using this implied affiliation with Complainant to attract users to its website for commercial gain. Accordingly, the Panel granted Complainant's request for a transfer of the domain name on June 8, 2007.
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I'd rather be rich than stupid. |
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#2 (permalink) |
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Love the dog
Join Date: Oct 2006
Location: Fleshlightville
Posts: 3,275
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dang, peoples are catching on to this internet thing
__________________
Copeac is King |
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#3 (permalink) |
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Senior Member
Join Date: Mar 2007
Posts: 636
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I say fuck this shit. Trademark holders get first dibs on their Trademarked Term(s) before TLD's go on sale to the public. If they don't want to pay an extra $50 a year to register the .net's and .us' and .tv's, etc... then they should have no claim when they find out someone else is profiting from their trademark. If they weren't tech savy enough to register them at the time they came out and just now realized they should have, then fuck them anyways. These are all pretty big companies who should know better.
And unless you trademarked the misspelling of your stupid company's name, then you should have no right to the misspelled domain. There are a ton of possible misspellings of these names. You don't own words mother fucker. If someone is copying your site and trying to fool people into giving up their info or buying your products from them, then maybe you have something, but if I go to Myspac.com and it's a site full of ads, I know it's not fuckin MySpace. If I see something interesting and decide to click on an ad, who gives a shit, I'm still going to go back to where I was originally going, so I can spit game at some ladies. |
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