Domain King loses UDRP, accused of filing "misleading affidavit"

[GeorgeK]

Read the case (in the first post), NameYourself. The panel says it all.

 

[NameYourself]

Ok I just read the link, and he just wanted a mispell of his Trademarked domain "VOYEUR.com". Since that domain is trademarked and VOYUER.com is confusingly similar, I don't see why this is so controversial. The fact that he lost these types of cases repeatedly though, does that mean that none of us should even bother Trademarking our domains that we have developed? Sounds like they're no good. Does anyone remember the JoeCartoon case? Why is this and the other recent ones so different?

 

[GeorgeK]

His "trademark" was a worthless one, NameYourself, as the panel discussed. It's a generic.

It's controversial because of the hypocrisy. See post #15 and #16 in this thread.

From the case: http://www.arb-forum.com/domains/decisions/433802.htm

"Complainant has failed to demonstrate that it has anything more than a registration on the supplemental registry, which does not create a trademark of sufficient strength to enable Complainant to assert that it holds a mark as to which <voyuer.com> (misspelled) is either identical to or confusingly similar. Because Complainant does not establish the existence of a mark, Complainant’s request for relief will be denied. Factually, the supplemental register, reflecting registration when the mark has been denied, creates a presumption that the mark is merely a generic or descriptive term. "

"The hurdles for showing that a generic term like “voyeur” has acquired a secondary meaning are high – Complainant has not cleared even the first hurdle."

This was also a 3-person panel, with CAROLYN M. JOHNSON as a panel member. She is known for being one of the most pro-complainant panelists. If you lose a case where she's a panel member, you had no chance.

 

[NameYourself]

I understand that the panel found the mark to be worthless. What I would like to know is why though. If he were to use the mark in advertising campaigns, or the site was more popular would that then reinforce the registered trademark enough to win such a case? I'm not quite clear on the "registration on the supplemental registry" finding and what exactly that means. I want this case to be understood completely by all because it has a huge impact on everyone's domain activities and decisions. Does this also mean that a typeo or mispell of a common word or phrase, even if it is a popular site is also ok?

 

[Rubber Duck]

I understand that the panel found the mark to be worthless. What I would like to know is why though. If he were to use the mark in advertising campaigns, or the site was more popular would that then reinforce the registered trademark enough to win such a case? I'm not quite clear on the "registration on the supplemental registry" finding and what exactly that means. I want this case to be understood completely by all because it has a huge impact on everyone's domain activities and decisions. Does this also mean that a typeo or mispell of a common word or phrase, even if it is a popular site is also ok?

I am not familiar with the American system of registering trade marks, but the ruling does seem to reflect my understanding of British Law.

A generic term cannot be a trademark if it is used in the accordance with its dictionary definition. In order for the term to be a trademark, it must be used to brand a product which bears no relationship to that term. For example you could have manufacture Trainers and brand them with the mark Voyeur. The term Voyuer would then be an infringement, if it too were used to market Trainers. It is therefore theoretically possible for there to be a trademark infringement, but frankly what would be the point?

As long as the domain has not been used to market anything but a peep-show, then the chances of bring a case for infringement of trademark are frankly nil. It would seem to me that either Rick did not take legal council or he ignored it. Otherwise, one can only conclude he should get a new attorney.

Best Regards
Dave Wrixon

 

[Mr. Deleted]

"HOWARD" Neu, www.neulaw.com, a member of this forum seems to be Rick's lawyer. they stick together on everything.

That said, I still think he has an awesome list of names. I have a friend who is a member of the private forum.

I do however contest the title "king", as there are others with large number of names, like Ultsearch and BuyDomains. Just having a large set of names does name make you King over everyone else.

 

[DaddyHalbucks]

I do however contest the title "king", as there are others with large number of names, like Ultsearch and BuyDomains. Just having a large set of names does name make you King over everyone else.

"King" does suggest an imperious style, so it may be fitting.

 

[mole]

enough already. let's talk about .eu k:

 

[DaddyHalbucks]

It looks like the Domain King is an official "no show" in this thread.

 

[DaddyHalbucks]

General Schwartz-kopf is still a no show..

 

[DaddyHalbucks]

:: pding! ::

(the sound of a pin dropping)

 

[Theo]

Time to unsubscribe from this thread as it has become a monologue.

 

[BLazeD]

interesting thread to read

 

[DaddyHalbucks]

Time to unsubscribe from this thread as it has become a monologue.

Nah.

It might make an interesting blog, perhaps something along the lines of "Today DomainKing was a no show in this thread because..."

Here, I'll start it:

1. Today DomainKing was a no show in this thread because he is in Las Vegas at his trade show fighting domain hijackers. No, he is not fighting himself.

 

[Mr. Deleted]

Nah.

It might make an interesting blog, perhaps something along the lines of "Today DomainKing was a no show in this thread because..."

Here, I'll start it:

1. Today DomainKing was a no show in this thread because he is in Las Vegas at his trade show fighting domain hijackers. No, he is not fighting himself.

lol Not sure if I want to stay subscribed to it either, but that was funny!

 

[DaddyHalbucks]

2. Today DomainKing was a no show in this thread because he just got his arse reemed out in the AirFranceSucks.com UDRP

http://arbiter.wipo.int/domains/decisions/html/2005/d2005-0168.html

 

[Rubber Duck]

..... It would seem to me that either Rick did not take legal council or he ignored it. Otherwise, one can only conclude he should get a new attorney.

Best Regards
Dave Wrixon

As I said!.....

Regards
Dave Wrixon

 

[Mr. Deleted]

WOW he does need a lawyer. How many cases is this now?

 

[steven22]

Are guys serious?

Why do you guys hate on the owner of this name? It is very obvious to me that he upset someone because they keep ruling against him some B.S. cases.


Airfrancesucks is not a trademark violation and the idea of that ruling sticking is horseshit...Is there an appeals process?

WOW he does need a lawyer. How many cases is this now?

 

[Mr. Deleted]

that's)debatable.

But_I_don't_have_the_time_right_now

(my_spacebar_is_not_working,_I'm_getting_a_new_PC_in_a_few_days)