Frank Schilling Loses loses generic name on aweful UDRP decision

[cursal]

opcorn:

PREDATOR: http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0754.html

However, the Panel cannot but observe that the Respondent is the proprietor of a trademark registration in the United States in respect of the Domain Name and that the Domain Name is connected to a website, which, although sketchy and badly in need of being updated, appears to the Panel at one time to have been a genuine website concerned with New Zealand.

:lol: Even poor development and upkeep helped in this case.

 

[.h2o.]

The domain itself cannot infringe. I can legally park Windows.com as long as I have links to actual windows (as in home windows, car windshields, stained glass etc..) but the millisecond a computer related ad comes up, Microsoft can file a WIPO against me for infringing against their TM for their operating system.

That's what we would like to think. However with some outrageous wipo outcomes it makes you really wonder. Even if you were to purchase windows.web (which is actually possible unlike the .com version) and have stained glass links the Microsoft legal team will make the argument like this:

Because this is an "Internet" domain name, most if not all users using the Internet know about Windows the "Monopoly" software company. Therefore they typed in the address with that in mind. For this reason, they should be entitled the domain. In other words, because their brand is so big it is not enough to argue on the basis of descriptive words.

While I am against TM and infringing usage, WIPO has become more like a coupon to an expensive domain than actually protecting rights (Hero.com is a perfect example).

I couldn't have said it better myself.

 

[obadaz]

Very scary indeed !

 

[PRED]

Wow, scarey to think what would have been had this gone the other way.

Apparently Phillip said, she takes it 'the other way'
But then he is greek :smilewinkgrin:

http://img.dailymail.co.uk/i/pix/2007/10_04/philip2ES2610_468x399.jpg

 

[dvdrip]

Hey!

 

[PRED]

Hey!

lol :smilewinkgrin:

wasted really as acro not around at minute

 

[dvdrip]

You are right...
He is much better at that!

 

[Sonny Banks]

$8/year the renewal fees for one domain x 300,000 domains

$8 x 300,000= $2.4 million

Annual Revenues = $20 million/year.

Frank Shilling knows what he's doing.

 

[jberryhill]

I think I can hear you sharpening your legal katana from here. :lol:

As you may note, the WHOIS data remains unchanged.

 

[steven22]

John,

The whois has changed. Did this name get sold or did you guys end up losing it for good? How did this end?

Thanks

 

[copper]

John,

The whois has changed. Did this name get sold or did you guys end up losing it for good? How did this end?

Thanks

What do you mean it changed?
Registrant is still "Name Administration Inc. (BVI)". :?:

 

[steven22]

Whois Record
Domain ID: D3506029-CNO
Domain Name: chilibeans.com
Domain Name ACE: chilibeans.com
Domain Language:
Registrar ID: CORE-51 (Oznic GmbH)
Created On: 1999-01-19 05:00:00 GMT
Last Updated On: 2006-01-16 15:04:11 GMT
Expiration Date: 2010-01-19 05:00:00 GMT
Maintainer: 51
Status: ok
Registrant ID: COCO-859467
Registrant Name: Straker and McBean
Registrant Organization: Straker and McBean
Registrant Street: 926 Pine Lake Drive
Registrant City: West Hempstead
Registrant State/Province: NY
Registrant Postal Code: 11552
Registrant Country: US
Registrant Phone:
Registrant Phone Ext:
Registrant Fax:
Registrant Fax Ext:
Registrant Email:
Admin ID: COCO-859467
Admin Name: Straker and McBean
Admin Organization: Straker and McBean
Admin Street: 926 Pine Lake Drive
Admin City: West Hempstead
Admin State/Province: NY
Admin Postal Code: 11552
Admin Country: US
Admin Phone:
Admin Phone Ext:
Admin Fax:
Admin Fax Ext:
Admin Email:
Tech ID: COCO-457403
Tech Name: Marcus Faure
Tech Organization: OzNic GmbH
Tech Street: Mehrumer Str. 16
Tech City: Voerde
Tech State/Province:
Tech Postal Code: 46562
Tech Country: DE
Tech Phone:
Tech Phone Ext:
Tech Fax:
Tech Fax Ext:
Tech Email:
Zone ID: COCO-457402
Zone Name: Marcus Faure
Zone Organization: OzNic GmbH
Zone Street: Mehrumer Str. 16
Zone City: Voerde
Zone State/Province:
Zone Postal Code: 46562
Zone Country: DE
Zone Phone:
Zone Phone Ext:
Zone Fax:
Zone Fax Ext:
Zone Email:
Name Server: ns2.domainhost.com
Name Server ACE: ns2.domainhost.com
Name Server: ns1.domainhost.com
Name Server ACE: ns1.domainhost.com

 

[INVIGOR]

Dude, put the crack pipe down. It's Chilli with two LL's.

 

[DaddyHalbucks]

Frank is a God in this business, for good reason. He is smart, ethical, and hardworking.

Hope he gets justice.

 

[David G]

It's been 9 full months since chillibeans.com was lost last Nov but for some really odd reason the whois is still under Name Admin and it still resolves to their parking page.

Very odd :?::?: Did Name Admin go to court and keep it?

 

[George Verdugo]

wipo " wacko inside panel oddballs"

 

[DaddyHalbucks]

It's been 9 full months since chillibeans.com was lost last Nov but for some really odd reason the whois is still under Name Admin and it still resolves to their parking page.

Very odd :?::?: Did Name Admin go to court and keep it?

Dunno.

Maybe there is a problem with the registrar transferring the domain.

Gee, I wonder who owns the registrar?

 

[Salient]

While I do not think this domain was registered in bad faith, I understand Chilli Beans wanting it on the cheap and using the system to obtain it.

WIPO was created with abuse in mind. You can read that two ways.

 

[austinandrew]

Yes, lawsuit.

 

[Ilze]

Yes, lawsuit.

Probably the appeal process in action.