Category: Disputes
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Complainant misses domain name by few days
The integral part behind the success of any domain name dispute in UDRP depends upon who did things first. Either the domain registration or getting trademark rights, which of them will prevail depends upon the date of the same. Whichever precedes the other shall overcome. TrailBuilt.com was caught amid a tussle between two parties. The…
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Difference between Bad Faith In Registration vs In Usage, ends in RDNH
Domain name registration and usage procedures have a lot of little technicalities that often emerge during legal procedures. Like take Bad Faith for instance. What constitutes a Bad Faith in Registration and what constitutes a Bad Faith in registration? Try to access through this case study. A dispute arose related to the domain name Securus…
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50 year old company loses complaint against related domain name
Time is extremely important in business. You need to work hard but you need to pay enough respect to time also. Similarly registering a trademark is not enough many times. The timing of the registration of trademarks is equally important. As evident by this WIPO case. The Complainant here is the director Shalex industries Pty…
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Which language should be used for arbitration when both the parties appeal in different languages
Arbitrations are intense because each side tries to present their version as the righteous one. In order to do so they present their arguments backed by facts and reasoning. However, what happens when both apply for dispute resolution in different languages, what should the decision making body converse in. Klarna Bank AB. has been in…
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Complaint granted in 10 domain names, awarded RDNH in 1
The results of domain names can be often unpredictable. Sometimes you think that this party’s case seems stronger, however the decision comes exactly opposite to that. But seldom do the rulings come as mixed as in our today’s story. Today’s story involves multiple domain names with the same Second-level domain name as ‘IdahomeRealty’. The Complainant…
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Even a Government owned railway company could not secure this domain name
Legal disputes can arise between any parties. Often, one of the parties involved in the disputes is the Government. Legal procedures, in principle, are said to remain neutral to the parties. But, we know the reality of the scheme of things. However, it is still helpful in gauging the effectiveness of the judicial ecosystem. WIPO…
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Can trademark holders get any domain name?
Does having trademark rights over a term constitute that you have rights on every domain name related to that term? Does that you mean you can file a complaint on Dispute Resolution platforms and get the domain name. Let’s see. Today, we discuss a case that has similar connotations. In this case, the complainant is…
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Does redirecting one domain name to another constitute fair use?
Many times people register domain names for actual usage and many times they are redirected to a primary name. What is the status of such activity when it comes to domain name disputes? Would it count as fair use? FORUM received a dispute involving the domain name Redactable.com. The complainant was a cloud based document…
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ORG FILED A CASE IN WIPO EVEN WHEN, IT HAD NEVER REGISTERED THE DOMAIN
The World Intellectual Property Organization saw an interesting case, where a lapsed domain name was registered by some other entity. The former and new owners were contesting there for the domain name Libertas.org. The complainant was an activist organization. It claimed to be the representative of the rights of people and many social causes. It…
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Who does the name ‘Vogue’ belong to?
Advance Magazine Publishers is an old American media company. The company this year would turn into a Centurion. However, the company landed into a legal battle over the domain name VogueTravels.com. The publishers have trademarks over the term ‘Vogue’ and have USPTO registrations that go back as far as 1919. It also has with it…
