UltSearch WIPO cases?

[HeavyLifting]

i am trying to help out a friend who let a domain expire. it was picked up by UltSearch.

the domain is very much a trademark, and UltSearch would have a hard time claiming that he has a legitimate right to it. i don't want to mention the domain here, but it would be along the lines of JennysFlowers.com or similar. this person has been doing business under the name for decades and and well known in their industry.

i've only been able to find 2 wipo decision involving UltSearch. i'd be very surpirsed if there were only 2. can anyone help me find others. is UltSearch know by any other names?

thanks

Android

 

[sumo]

http://www.icann.org/udrp/udrpdec.htm

 

[HeavyLifting]

thanks. that works a bit better than the search on wipo.int

 

[Ovicide]

In reading the decisions, you may recognize the name of the attorney who represents Ultimate Search.

You may also note that Ultimate Search tends to win (I don't remember reading any he hasn't won).

 

[HeavyLifting]

he lost edmund.com

 

[Ovicide]

he lost edmund.com

Thanks. A curious decision.

http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1319.html

 

[jberryhill]

If you are interested in helping your friend, then why don't you suggest that your friend contact Ultimate Search's attorney?

 

[DaddyHalbucks]

I believe that UltSearch previously did business as "NoName." Search WIPO for "NoName" and you may get better results.

It appears that NoName was once located in Fremont, CA --how very convenient (for them) that the WhoIs now lists their address Hong Kong, beyond US jurisdiction. That's a pretty drastic re-location, from Fremont to Hong Kong, don't you think?

John Berryhill is their attorney.

 

[URLCollection]

Originally posted by jberryhill
If you are interested in helping your friend, then why don't you suggest that your friend contact Ultimate Search's attorney?

Charlie - You should write John and explain the matter. He is a great IP Attorney and we highly respect his work. Good luck for your friend and hope all works out. Steve

 

[HeavyLifting]

yeah i did and fingers are crossed. i checked the page again, and Ult. Search now lists PPC links in the precise category of my friend's business. the search terms have absolutely nothing to do with the domain name. i've taken a screenshot. i guess UDRP will be a bit easier now if it comes to that

i never knew ult. search was a TM squatter.

 

[jberryhill]

Android,

How about if you just lay off the keyboard for a while? The domain name in question has the name of a generic service in it, the domain name would have never become available if your friend bothered to pay his bills, and sometimes it can take a little while to sort out bogus claims from people with a genuine problem.

If you want other people to incur expenses, and to bend over backwards to clean up someone else's incompetence, then a pleasant attitude goes a long way.

 

[HeavyLifting]

Originally posted by jberryhill
Android,

How about if you just lay off the keyboard for a while?

i will after this message.

The domain name in question has the name of a generic service in it,

it also has another word that isn't generic at all. it's also interesting to note that the PPC links being shown have NOTHING to do with the generic word you refer to. and we both know why.

the domain name would have never become available if your friend bothered to pay his bills,

i'm with you on this point. still, it doesn't excuse what is happening.

and sometimes it can take a little while to sort out bogus claims from people with a genuine problem.

i can be pretty patient. im just stunned at what's happening. i've just never witnessed this sort of thing first hand.

If you want other people to incur expenses, and to bend over backwards to clean up someone else's incompetence, then a pleasant attitude goes a long way.

i'll try to behave myself.

Android

 

[jberryhill]

"and we both know why."

No. You are obviously unfamiliar with search term optimization techniques that can automatically cause that to happen.

If you think that anyone stays up 24/7 hunting down information about every two-bit company on the planet, you flatter yourself.

 

[Phantom]

I believe that UltSearch previously did business as "NoName." Search WIPO for "NoName" and you may get better results.

It appears that NoName was once located in Fremont, CA --how very convenient (for them) that the WhoIs now lists their address Hong Kong, beyond US jurisdiction. That's a pretty drastic re-location, from Fremont to Hong Kong, don't you think?

John Berryhill is their attorney.

If he did relocate his business mailing address to Hong Kong simply to avoid the reach of US jurisdiction, it probably isnt working, since the WIPO rulings seem to reflect the premise that disputes are guided not by the laws of any one country but instead strictly on interpretation of the Policy and the evidence submitted in filings.

However, it is interesting to note that in at least one WIPO response, ( i am not sure, but believe it was over edmund.com) Ult Search has claimed its location would have prevented it from being "on notice" or aware of the Complainants mark in the US. They also made reference to US jurisdiction not extending to Hong Kong.

This seems quite simply, self-serving, and intended to mislead, if in fact the principal does still live in the US and simply uses Hong Kong for his business. Whether this is true or not, he did live in the US for some extended period of time, and is a savvy user of the Internet.

Obviously the WIPO panel saw right through this defense.

 

[DomainGoon]

Making public comments and threats isn't always the best first move. Maybe try to work out something where you both win, before going to war with someone who has far more resources than you.

 

[HeavyLifting]

Maybe try to work out something where you both win,

lofty ideals always have a nice ring to them. ahhh... if only it were so simple.

 

[jberryhill]

It is pretty simple, and if you had spoken to your friend, you would know that this problem is well on the way to being resolved.