When there is an absence of Trademark Rights, Common Law rights can often define the ownership of the name, However, what happens when the term in contention is a Geographical entity. Let’s dove deeper into this issue with our current Domain Name case study.
Domain Name disputes cases have a unique way of demonstrating the little details of the Corporate sector and the way it functions. When two entities fight for a name that can make and break their businesses, it is noteworthy to see how a party reacts when the pressure is on.
In the last quarter of 2022, the redressal platforms gave their decisions in 1,962 cases. This was a jump of 11.9%, as compared to the same quarter in previous year.
We will see in our current story where John McGinnis Halliday Gibson of the United Kingdom lost a domain name. Mr. Gibson had registered the domain name MoJac.com, which was an amalgamation of the names of him and his wife. However, the domain name was expired and registered by a United States based domain name investor.
Although UDRP procedures are the benchmark of professionalism in the industry. Every once in a while a dispute decision surfaces that appear a little partial towards one party. Flexspace No 2 LLP is a company that provides services in relation to flexible offices, workshops, industrial and self-storage spaces. The company was however disturbed by the registration and use of the domain name...
As of 01/07/2021 Legal battles are often unpredictable. How much you may hunch on a side, you can never be so sure. But it can surely be termed peculiar when even the ‘Maharishi’ lose. Such has been the case with US based The Maharishi Foundation, as reported by ArchyWorldys. The Maharishi Foundation owns the brand ‘TM‘. Along with the domain name MaharishiFoundation.org...
As of 07/01/2021 You must have heard of UDRP, right? UDRP or the Uniform Domain-Name Dispute-Resolution Policy is the go-to dispute resolution procedure concerning domain names. However this is not the only way Trademark owners can secure their name from the hands of cybersquatters. URS (Uniform Rapid Suspension System) is another method to safeguard trademarks. Similar to UDRP if a...
Nominet, the registry for .uk domains released, the yearly report on domain disputes it handled in 2019. It introduced its Dispute Resolution System back in 2001 for this purpose. eBay and Gumtree, Pierre Balmain SA, the Taunton Angling Association, and Groupon make up some of the most noteworthy cases of the year. Now, let’s look at some stats: 0.007% of the total .uk domains i.e. 801 disputed...
RDNH or Reverse Domain Name Hijacking when the owner of a trademark tries to secure a domain name by claiming a “cybersquatting” case against the owner of the domain. This usually happens when the owner of the domain is a smaller firm or an individual. Paragraph 15(e) of the UDRP Rules defines reverse domain name hijacking as the filing of a complaint in bad faith, resulting in the abuse of the...
