"Tough Luck" in UDRP Complaints: How Armani and Sony Lost UDRP Complaints

By Zak Muscovitch. Sometimes even a famous brand owner just runs up against the wrong domain name owner. Take for example, the cases of Armani and Sony. Armani lost a UDRP complaint for Armani.com and Sony lost a complaint for SonyHolland.com. How? That's where the "tough luck" comes in. Both names were registered to individuals whose actual names corresponded to the respective domain names.
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My First Date

Sometimes business is a little like dating. Let me explain. I went on my first date when I was in 7th grade. It was typical middle school stuff. I had a crush on a girl in my class (I will call her “Monica”) and was flirting with her, so she had her best friend ask… Read More »
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That’s Hilarious! UDRP Complainant Says That Respondent "Isn’t Known" By his OWN First Name!

By Zak Muscovitch. From the 'now I have heard it all file', Complainant corporation, Allesandro International of Germany actually claimed that Respondent, Allessandro Gualandi, an individual from New York, wasn't "commonly known" by his own first name - Allesandro! The UDRP dispute about >>allessandro.com<< was denied by the Panelist, Pablo A. Palazzi on February 16, 2015, but not before hearing
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I Just Registered for NamesCon 2016

What a great event Namescon has been for the past two years. When I just heard that registration was now open for the early bird rate of $199 until February 28, 2015, I jumped at the chance. After that it goes up to $999, still a great deal. Dates are ...
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UDRP Logic PART II: Trademark Rights Do Not Magically Relate Back

By Zak Muscovitch.Again turning to the insightful and compelling Riveron decision which I wrote about yesterday, you will be comforted to know that as far as the panelist in that case was concerned, magic doesn't work in UDRP proceedings. The panelist, Paul M. DeCicco, clearly and eloquently stated that, "While Complainant currently has trademark rights...such rights do not magically relate back
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UDRP Logic: Trademark Must Come Before Domain Name To Find ‘No Right or Legitimate Interest’

By Zak Muscovitch. Recently I reviewed a UDRP decision that deserves additional attention and respect. The case was Riveron Consulting, L.P. v. Stanley Pace, and it was decided by Paul M. DeCicco in 2010. It concerned the domain name, RIVERON.COM. Of particular interest however, was how the Panelist approached the issue of "Legitimate Interest" in a logical fashion. For a complainant to succeed
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You Registered Coca-Cola.WTH? C’mon.

By Zak Muscovitch. One of the great things about registering new gTLD's is that you sometimes can find out what happened to the last guy who tried the same thing with the .com version. I am usually in a good enough mood to happily answer general domai...
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When a Trademark is Not a Trademark

By Zak Muscovitch. It happens. A lawyer sends a C&D letter, or serves a UDRP that relies on a "Registered Trademark". It shows up in the USPTO database, but it may not really be a trademark. How is that possible? When the "trademark" is registered on the "Supplemental Register". The United States Trademark Act provides for the registration of trademarks on either the "Principal" or "
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