Interesting settlement over AcompliaReport.com domain dispute

[GeorgeK]

Story here:

http://www.webwire.com/ViewPressRel.asp?aId=5437

You'll notice the site uses AdSense. Typically these sites lose UDRPs.

A settlement doesn't create a legal precedent, but it's surprising that the drug company caved.

I expect that the use of the disclaimer text is sure to come up in future UDRPs.

 

[Dale Hubbard]

Interesting. A fair result I think for 'fair use' indeed.

 

[GeorgeK]

The argument a TM holder could have used, potentially, is that it's a "sham" site, i.e. essentially "made for advertising", instead of a legit news site.

Although, in this particular case, the principals behind the site appear to have some legitimacy. See:

http://www.acompliareport.com/About.htm

(i.e. doctors with medical background, others with publishing background)

If it was just an Average Joe doing it, or the typical "scraper" "made for Adsense" site, the drug company probably would not settle.

 

[Dale Hubbard]

To wit, the erstwhile www.paypalsucks.com. No real advertising to speak of, but a legitimate commentary.

 

[Dave Zan]

I say kudos to Sanofi-Aventis for being reasonable on this one, especially for
realizing how beneficial this site can be to them. The other side is darn lucky.