Upcoming UDRP cases

[GeorgeK]

I was browsing the list of recently commenced cases, and some of the more interesting ones that caught my eye are:

1) bigten.com (owned by UltSearch)
2) a lot of Yahoo typos (beware if you own any!) although ahoooo.com must be a true dyslexic typo
3) johnsons.com (pretty common surname -- I wonder if J&J is the complainant?)
4) wharton.com (GregR is the owner of this name that probably attracted the attention of the university, although it's also a place in Texas! http://dictionary.reference.com/search?q=wharton )
5) ticketmaser.com (obvious typo-squatting; the irony is the name of the owner, "C & D International Ltd." -- must get lots of C&Ds!! )

 

[jberryhill]

It's been a while since we went over the "interesting upcoming cases" list.

johnsons.com - registered in October 2002, so it must have been a drop. The Internet Archive on this one looks like it was probably registered by some ISP a long time ago, and was used by a "Johnson's Garden Center". My guess would be that it is either J&J or the person that dropped it, since it doesn't look like J&J ever had it.

Of recently decided cases, volocars.com came out very well, and it appears that the panel was somewhat irritated at the complainant. One thing that complainant's don't seem to understand about the whole process is that the panelists don't get paid very much, and have little patience for folks who waste their time.

My favorite on the list of pending cases at the moment is sterlingtrucks.com . The domain registrant is a truck dealership in Sterling, Colorado. This one is a clear candidate for RDNH if things are as they appear to be.

 

[David G]

Mr. Berryhill, what do you think of a case like Wharton.com where the defendant has links to songs by a little known singer named Edith Wharton and a small town named Wharton Texas even though the primary usage of the name (and main source of traffic) seems to be the better known Wharton School, the complaintant.

Is it a good idea for others to do this so they are less likely to lose the name and prevail at a Wipo case? Thanks.

Originally posted by jberryhill
It's been a while since we went over the "interesting upcoming cases" list.

johnsons.com - registered in October 2002, so it must have been a drop. The Internet Archive on this one looks like it was probably registered by some ISP a long time ago, and was used by a "Johnson's Garden Center". My guess would be that it is either J&J or the person that dropped it, since it doesn't look like J&J ever had it.

Of recently decided cases, volocars.com came out very well, and it appears that the panel was somewhat irritated at the complainant. One thing that complainant's don't seem to understand about the whole process is that the panelists don't get paid very much, and have little patience for folks who waste their time.

My favorite on the list of pending cases at the moment is sterlingtrucks.com . The domain registrant is a truck dealership in Sterling, Colorado. This one is a clear candidate for RDNH if things are as they appear to be.

 

[jberryhill]

"Mr. Berryhill, what do you think of a case like Wharton.com "

I think it is a pending case. I don't know why you think you know who the complainant might be, though. Of the several registered trademarks consisting of or incorporating the term "WHARTON", your guess is not among them.

 

[David G]

Originally posted by jberryhill "Mr. Berryhill, what do you think of a case like Wharton.com " I think it is a pending case. I don't know why you think you know who the complainant might be, though. Of the several registered trademarks consisting of or incorporating the term "WHARTON", your guess is not among them.

Sorry, I was under the impression the Wharton School was involved. Don't recall how I understood that.

In any case, the question is still valid where links are put up to lesser known places and the best known one files a case, regardless of it being Wharton School or some other well known business. Do those links help? Thanks.

 

[GeorgeK]

johnsons.com was actually registered in 1997 (see the true creation date at the WHOIS at www.internic.net). If you recall, in Diablo.com, the complainant argued that it was registered in 2002 also, when it was *really* registered in 1995 (respondent defaulted, but that would have been an obvious thing to attack if they made a reply).

Due to NSI changing the dates in their registrar WHOIS, a lot of panels might get things wrong, if they don't use the proper creation date.

 

[jberryhill]

Good point. Then it looks like some ISP registered it for their customer - the garden company. But you can never really know for sure what might have gone on in some of these things.

 

[pljones]

RE: Sterlingtrucks.com - There is also a town called Sterling, Virginia. It is one of the high tech suburbs outside Dulles Int'l Airport. There are plenty of car/truck dealerships on Highway 28 in Sterling.

 

[pljones]

It has been a while since I've looked at the upcoming cases, checkout:

Bimbo.biz
Clearout.com
TheCatInTheHat.com
Berlitzsucks.com
JustBulbs.com
LittleGym.com

 

[jberryhill]

"Sorry, I was under the impression the Wharton School was involved. Don't recall how I understood that. "

Sure enough... it was.

http://www.arbforum.com/domains/decisions/161274.htm

Complaint Denied - Score one for motherboards.com, represented by Steve Sturgeon.

 

[GeorgeK]

I was surprised Greg went with a single panelist -- often that's too risky. Congrats, though!

 

[jberryhill]

Johnsons.com - complaint denied

Chalk up another one for Steve Sturgeon

http://www.arbforum.com/domains/decisions/162058.htm

 

[Deleted member 4749]

Wow, nice work ..!

 

[LawyerSturgeon]

Thanks guys.

The little guy does have a chance in these disputes against the big guys.

Stephen H. Sturgeon, Esquire
DomainNameDisputeLawyers.com

 

[GeorgeK]

Yahoo won their typo cases. See:

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0397.html

(and a few others initiated in June)

And TicketMaster won too:

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0397.html

 

[LewR]

4) wharton.com

Also a town in NJ.

 

[lotsofissues]

Greg prevails.

There is no such thing as karma. :-(

 

[YOYOYO]

Oh my G_d....!!!!

Fernando Triana, Esq., Panelist,

Where are you, where do you live.....will you be on all
my panels........!!! not that I have any..!!

Fernando Triana finds in favor of Mafiabusters

In The American National Red Cross v. Mafiabusters

The domain - redcrossmafia.com -

Wharton must have thought all they had to do was show up and they would get the domain.

walmartmafia.com

searsmafia.com

I wonder if the "Real Mafia," not that there is one, would win,
MafiaMafia.com - I guess it would be close...

 

[YOYOYO]

Steve

Did Wharton file a case in court for this.

Not that they would have to file in the udrp jurisdiction they selected.

They could just ignore that and file in Philadelphia in the 3rd district.

I mean really, I can't imagine what it would be like going into Federal Court in Philadelphia trying to defend the domain name Wharton.com for a guy who is selling lottery tickets and cars on the site.

The University of Pennsylvania and Wharton are pretty much what Philadelphia is all about, founded by Benjamin Franklin.

I'm gasping when I think about it...!!!

If you think they gave Zuccarini a hard time about some goof ball cartoonist from Detroit who has a web site where kids blow up animals at different temperature settings in a microwave oven.....

I just can't imagine what they would do to you......!!

I mean, that courthouse might be the building where you're last seen in, and you're just the lawyer.

The guy who actually owns the domain, they'll be lining up on Market Street, where the Federal Courthouse is, a couple blocks away ready to give him that thing, where people have clubs and rocks and they just pummel the hell out of the him as he tries to make it into the Courthouse.

Oh, no this could get grazy real fast....and they definitely do not like lawyers from out of state, and you would be messing with a symbol of the city's history...!!

This would be a very wild scene!!...Oh Baby...!!!

 

[Garry Anderson]

Greetings.

There are two Wharton's here in the UK - I have not tried other countries.

Wharton, Herefordshire

Wharton, Cheshire

Unless somebody wasn't passing themselves off as a specific Wharton - perhaps a lawyer will be able to tell us all why Wharton are not overreaching to claim this domain off the legal owner.

I doubt that any lawyer will.