Neus News
Neus News
Neu Updates:
LEGAL BENEFITS FOR ICA MEMBERS
The ICA is introducing a Legal Benefit for its...
WE REALLY HAD OUR UDRP RESPONSE “DOWN PAT”(.COM)
When our client, domain investor, requested that we file...
FORUM FAR FROM FRIENDLY TO LEGITIMATE DOMAIN INVESTORS
Of the 59 Panelists at the FORUM who heard...
FIRST COMPREHENSIVE SEMI-ANNUAL FORUM REPORT
This is a comprehensive review of every claim decided...
AT WIPO, SOME OF THE GOOD GUYS ARE ALSO BAD GUYS
A few days ago, we published for the first...
FIRST SEMI-ANNUAL COMPREHENSIVE WIPO REPORT – Part I
The vast majority of UDRP cases are heard by...
ASTOUNDING UDRP NEWS – PART II
Last month we revealed the results of our initial...
ASTOUNDING UDRP NEWS FOR DOMAIN INVESTORS!
For a number of years, we have used this...
CYBERSQUATTERS GIVE US ALL A BAD NAME
For a number of years, I have been listing...
FORUM HAS ONLY 3 PANELISTS WHO FOUND REVERSE DOMAIN NAME HIJACKING
Last week we published our annual TOP 10 LIST...
WIPO PANELISTS SEEM TO BE SOMEWHAT MORE FRIENDLY TO DOMAIN INVESTORS
As a public service for domain investors, every 6...
CLASS ACTION LAWSUIT AGAINST ICANN MAY BE ONLY ANSWER TO FUTURE OF DOMAINS
Constantine Zournas wrote that ICANN should be sued in...
OATH, INC. A/K/A/ YAHOO! LOSES UDRP TO OUR CLIENT
OATH, INC., successor of interest to YAHOO! filed a...
WIPO FINDS RDNH IN OUR LATEST UDRP.
In a Decision handed down on August 8th, a...
DOMAIN INVESTOR SAVES SUAMUSICA.COM IN U.S. DISTRICT COURT
On July 18, 2018, WIPO Panelist Steven Maier ordered...
Jury awards $1M in Hazleton malpractice case
A Luzerne County jury on Tuesday delivered a roughly...
FORUM RECORD OF COMPLAINT DENIALS IS STILL DISMAL
In the last 6 months ONLY 2 PANELISTS have denied more...
WIPO PANELISTS SEMI-ANNUAL REPORT – THE FUTURE IS LOOKING BRIGHTER
As a public service for domain investors, every 6...
Dr. Muscle v. Michael Krell
David Bernstein, sole panelist for the FORUM on the...
WITH CERTAIN EXCEPTIONS, THE FORUM IS STILL NOT FRIENDLY TO DOMAIN INVESTORS
Last week we published our annual TOP 10 LIST...
WIPO SEMI-ANNUAL REPORT — 73 DIFFERENT PANELISTS DENY COMPLAINTS
As a public service for domain investors, every 6...
Harrison cop wins $13M in medical malpractice suit after wife’s death
JERSEY CITY — A New York jury has awarded a...
2 LEGAL PANELS TO HI-LITE MERGE! 2018
The Second annual MERGE! Conference of Conferences will be...
THE FORUM HAS RECORD NUMBER OF FINDINGS OF RDNH
Last week we published our semi-annual TOP 10 LIST...
JOHN SWINSON TKES OVER AS BEST PANELIST FOR RESPONDENTS AT WIPO
This is our semi-annual blog on the best panelists...
ICA PROPOSES ADOPTION OF UDRP REFORM POLICY PLATFORM
The Internet Commerce Association (ICA) has published its proposed...
THE NATIONAL ARBITRATION FORUM is completely biased towards Trademark Complainants
The NAF continues to provide a rather lackluster performance...
ADAM TAYLOR Continues to Lead the Pack at WIPO
Six months ago, we labeled Adam Taylor as a...
WIPO PANEL GIVES GOOD EXPLANATION ON LIMITATIONS OF UDRP LITIGATION
In a recent decision by a WIPO panel, http://Decision D2017-1782.doc...
OUR CLIENT WON A UDRP ON PRINTFACTORY.COM
Our client, AbdulBasit Makrani, succeeded in defending his registration...
NATIONAL ARBITRATION PANELS SHOW SLIGHT IMPROVEMENT
Last week we published our semi-annual TOP 10 LIST...
WIPO PANELIST IS RDNH SUPERSTAR
Our Semi-annual survey of WIPO panelists revealed a shocking...
Medical malpractice suit claims pill lodged in woman’s throat led to her death
A Moultonborough man has filed a medical malpractice suit,...
THE VAGARIES OF THE ENGLISH LANGUAGE
  I noticed recently that a number of folks...
NATIONAL ARBITRATION FORUM IS STRICTLY FOR CLAIMANTS
Last week we published our semi-annual TOP 10 LIST...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
Malpractice Suit Against Former Doctor
A woman has filed a medical malpractice lawsuit, naming...
KITCHN.COM UDRP DENIED
In a 3 person panel decision, the UDRP Claim...
NOMINATIONS FOR THE 2016 DOMAIN INDUSTRY AWARDS NOW OPEN
DOMAIN INDUSTRY AWARD Nominations for 2016 are now open....
CLAIMANT FOOLISHLY TRIES TO GET THE 2ND BITE OF THE APPLE
In a new UDRP decision handed down by a...
WIPO TREATS DOMAIN INVESTORS FAIRLY
A review of the UDRP Decisions at the World...
NATIONAL ARBITRATION FORUM IS VERY PRO TRADEMARK HOLDERS
In reviewing the decisions of panels of the NAF...
WEB.COM PROMAIL (WEBMAIL) IS CLUELESS!
I have been using Register.com’s email program titled “ProMail”...
WIPO PANEL DENIES SWISS UDRP CLAIM
A WIPO panel has denied the claim of a...
URS DEFAULT DETERMINATION
In an important case under the relatively new Uniform...
FACEBOOK SEEKS TO REVIVE CASE AGAINST LAWYERS
Facebook isn’t ready to abandon its desire to hold...
MY RECOMMENDATION FOR A GOOD BOOK TO READ
I generally read detective and spy stories and haven’t...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
GERALD LEVINE’S UDRP BOOK A “MUST” FOR ALL LITIGATORS
This is a reprint of a blog by attorney...
WIPO PANEL DENIES TURKISH UDRP CLAIM
In a decision rendered in the case of Sarten...
BEWARE OF WIPO PANELISTS CAIRNS, DONAHEY AND GIBSON
The domain investment community has been shocked by the...
THE Domain Conference sets 2016 Dates and Prices
The response to the 2015 Conference has been tremendous...
AFFIDAVIT FROM RESPONDENT WON UDRP ON BOUNZ.COM
A WIPO panel has denied the claim of a...
WIPO PANEL DENIES CLAIM FOR MANKARIOUS.COM
ADMINISTRATIVE PANEL DECISION Ramsey Mankarious v. Stanley Pace Case...
NATIONAL ARBITRATION FORUM TOP 10 PANELISTS
This is our Semi-Annual Report of those panelists who...
WIPO PANELISTS – MIDYEAR REPORT
This is our Semi-Annual Report of those panelists who...
OUR SEMI-ANNUAL REPORT ON UDRP PANELISTS
There are some new interesting developments in decisions made...
DOMAINfest is coming to South Florida!
YES, you read that correctly! We are proud to...
UDRP ON BOLTER.COM IS DENIED
Stanley Pace owns over 10,000 generic family names and...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
Once Again the WIPO Panelists Are Better Than NAF For Domainers
This is our Annual Report of those panelists who...
Google’s Gmail Blocked in China
For those of you who believe that the U.S....
Facebook Accused of Censoring Political Comment
A prominent Tibetan writer says Facebook deleted her post...
Facebook Reportedly Blocks Russian Dissident’s Page at Government Request
Reportedly at the request of the Russian government, Facebook...
North Korea Confrontation Possible Over Sony Hack Attack
A White House official said on Thursday that the...
HAPPY THANKSGIVING, BLACK FRIDAY and CYBER MONDAY from COFFEE.CLUB
At T.R.A.F.F.I.C. EAST 2014, Bill McClure made a deal...
Feds fine dating site for making fake profiles
The Federal Trade Commission has fined UK-based JDI Dating...
11 Drivers Cited So Far as Uber Defies Court Order
Nevada drivers with the ridesharing company Uber are picking...
Facebook Sues Lawyers of Discredited “Co-Founder” Paul Ceglia
Facebook and CEO Mark Zuckerberg sued a handful of...
Twitter sues U.S. government over limits on disclosure of surveillance orders
Twitter has sued the U.S. government, alleging that the...
T.R.A.F.F.I.C. AWARDS BALLOTS GO OUT TOMORROW
On Tuesday, September 16th, ballots for the 10th Anniversary...
California Bars Online Retailers From Fining For Posting Negative Reviews
In response to online retailers threatening their customers with...
WIPO PANELIST ADMONISHES LAW FIRM FOR BRINGING COMPLAINT IN BAD FAITH
In the case of Clearwater Systems, Inc. v. Glenn...
DO WE NEED A DOMAIN NAME ASSOCIATION?
My good friend Michael Gilmour blogs under the name...
Twitter Reviews Policies After Robin Williams’s Daughter Abused
Twitter is reviewing its policies on privacy and support...
National Arbitration Forum is not Friendly to Domainers
This is our 6 month recap on NAF decisions...
Here is our semi-annual listing of the “Good Guys” from WIPO
Here is our semi-annual report of those panelists who...
U.S. Supreme Court to Decide if FACEBOOK Threats Are Real
The Supreme Court has agreed to hear an important...
China calls for ‘severe punishment’ for Google, Apple, U.S. tech firms
Chinese state media lashed out at Google Inc, Apple...
Egypt Exhibits Yet Another Example Of Government Interference on the Internet
Egypt’s police force is seeking to build a surveillance...
New lawsuit accuses Google of AdSense fraud
A lawsuit filed Tuesday against Google accuses the tech...
CALIFORNIA v. NSA – WHO WINS?
The federal government would need a warrant from a...
People have a right to be forgotten on the Internet
People can ask Google to delete sensitive information from...
Russia Quietly Tightens Reins on Web With ‘Bloggers Law’
Russia has taken another major step toward restricting its...
IRAN REVEALS ITS ANTI-SEMITISM BY BANNING WHATSAPP
Iran’s censor is reportedly banning WhatsApp, the popular messaging...
INTERNET FREEDOM CALL TO ACTION
MICHAEL CASTELLO, a very well-known name in the domain...
GOOGLE IS THE 2ND LARGEST LOBBYIST IN THE U.S.
In May, 2012, the law school at George Mason...
No More “BIG BANG THEORY” In China
Four U.S. television shows, including “The Big Bang Theory”...
Authoritarians accept Obama’s invitation to take Internet control.
The Obama administration still doesn’t seem to understand the...
FACEBOOK Tells businesses if they want folks to see their posts – pay up!
Over the past several months, Facebook has been reducing...
China is Cracking Down on Internet News and Porn
China has unfurled a vigorous new campaign to “clean...
Obama Administration Backpedals on Giving up ICANN Oversight
Less than a month after announcing its plan to...
Obama Administration Backs Down from giving away ICANN Oversight
Less than a month after announcing its plan to...
Congressman Todd Rokita and Colleagues Seek Review of Obama Plan to Relinquish U.S. Oversight of the Internet
Representatives Todd Rokita, John Shimkus (IL-15), and Marsha Blackburn...
Bill Clinton Would Prefer U.S. Oversight of the Internet
Count former President Bill Clinton among those who are...
DOMAINERS BEWARE! The new URS – PART IV – APPELLATE PROCESS
This is Part 4 of our series of articles...
DOMAINERS BEWARE! The new URS – PART III
This is the Third Part of a Series on...
Facebook Claimant Ceglia Loses Bid to Dismiss Fraud Case
Back in 2011, I published an article about Paul...
DOMAINERS BEWARE! The new URS – PART II
Last week we wrote Part I of a series...
Judge Orders Domainer to Pay Trump $32,000 in Damages
A Brooklyn man who registered domain names related to...
DOMAINERS BEWARE! The new gTLD extensions are all subject to the new URS. How will that effect you?
The URS (Uniform Rapid Suspension System) is intended to...
Top Websites Refuse to Accept Marijuana Ads
Stores can sell marijuana in Colorado and Washington but...
Jailed Alabama Blogger’s Case Tests First Amendment
For over six years, Roger Shuler has hounded figures...
Facebook User Sues Over Falsified ‘Likes’ Endorsements
Just weeks after Facebook was sued for allegedly intercepting...
Time for the NAF 2013 TOP TEN
As everyone knows, there are two major arbitration bodies...
Time for the WIPO 2013 TOP TEN
The year 2013 brought about a big change in...
And Another One Bites the Dust
The year 2013 ends with good news for my...
GOOGLE, FACEBOOK, YAHOO! Beefing up Codes to Deter NSA
Leave it to private enterprise to stick it to...
Homeland Security must disclose cell network ‘kill switch’ protocols Court Rules
Homeland Security’s ability to shut down cellular and wireless...
WIPO Panelist Provides Comprehensive Analysis of Reverse Domain Name Hijacking
Panelist Tony Willoughby has provided the most complete analysis...
This is Why Domain Investors Need the Internet Commerce Association
I recently received an email from Nat Cohen that...
WIPO Panelists Want to Change “Bad Faith” Standard to Favor Complainants
I generally do not repeat articles from other blogs...
Having Disclaimer Wins UDRP
A National Arbitration Forum panel has denied the claim...
Anonymous comments could suffer under European Court of Human Rights ruling
The European Court of Human Rights (ECHR) has issued...
Mugged by a Mug Shot Online
The ostensible point of sites like Mugshots, BustedMugshots and...
NSA Using Data to Graph Social Connections
Since 2010, the National Security Agency has been exploiting...
T.R.A.F.F.I.C. EAST 2013 ATTRACTS gTLD APPLICANTS
In Less than 4 weeks the Domain Industry will...
Users Sue LinkedIn Over Harvesting of E-Mail
Four LinkedIn users have filed a lawsuit accusing the...
Facebook ‘Like’ Is Protected Speech, Appeals Court Says
Using Facebook Inc.’s “Like” feature to show support for...
Judge Limits Search Warrants for Emails
Can law enforcement obtain a search warrant to dig...
NAF Finds Reverse Domain Name Hijacking of Consuela.com
In a new National Arbitration forum Decision in Consuela,...
GIVE THE GOVERNMENT AN INCH AND IT TAKES A MILE
The U.S. government has demanded that major Internet companies...
CONGRESS IS NOT INTERESTED IN PROTECTING OUR RIGHTS TO PRIVACY
A deeply divided House defeated legislation Wednesday that would...
Twitter surrenders anti-Semitic tweet info to France
Twitter has finally released data on anti-Semitic tweets to...
HERE ARE THE NAF PANELISTS THAT DENY CLAIMS
Here is our 6 month review of Panelists who...
Here is the List of the Best WIPO Panelists for Domainer Respondents
Here is our semi-annual report of those panelists who...
FDA shuts down 1,677 online pharmacies
The prices may look tempting, but ordering from an...
Secret Court Ruling Puts YAHOO! in a Bind
In a secret court in Washington, Yahoo’s top lawyers...
Big 3 Internet Companies Want to Disclose Security Requests
Three of the largest Internet companies called on the...
NSA, FBI Tapping Into Servers of U.S. Internet Companies
George Orwell’s vision of the future in the 1930’s,...
GOOGLE beats FACEBOOK in Popularity
GOOGLE beat out rivals APPLE and FACEBOOK when it...
The Internet Revolution: What Should We Expect
The Internet revolution is in full swing. Changes are...
Google faces new federal antitrust probe
U.S. regulators are in the early stages of an...
WILL TUMBLR HELP YAHOO!?
YAHOO! has concluded that TUMBLR, the social blogging service,...
Facebook Tells Appellate Court to ‘Like’ Decision
Facebook’s “Like” feature is vital to 500 million people...
Senate Passes Bill to Collect Sales Tax on the Web
A bipartisan coalition in the Senate easily passed legislation...
ALL WEB SALES SOON TO BE TAXABLE
Late Thursday afternoon, in a 63-to-30 procedural vote, the...
MICHAEL GILMOUR TALKS ABOUT T.R.A.F.F.I.C.
Well known Blogger of Whizbangsblog.com and owner of one...
The IRS doesn’t believe it needs a search warrant to read your e-mail.
I previously wrote that the FBI is being sued...
NEW BENCHMARK IN REVERSE DOMAIN NAME HIJACKING
A National Arbitration forum Panelist, Paul M. DeCicco, has...
Google fights FBI’s warrantless National Security Letters
GOOGLE is the first major company to openly challenge...
My domains have been “Frozen”
My Guest blogger, Mark Hershiser has posted this blog>...
NEUSNEWS.COM HAS A NEU LOOK FOR OUR 3RD ANNIVERSARY
Thanks to Danny Pryor and his company Rodan Media...
AMAZON’S QUEST FOR NEW GTLDS DRAWS OPPOSITION
Two publishing industry groups, the Authors Guild and the...
ANDREW ETEMADI, FOUNDER AND CTO OF EYEMAGINE, FOUND GUILTY OF RDNH
“ finding of is warranted if the Complainant...
ATTORNEY BERRYHILL GETS NAF PANEL TO RULE REVERSE DOMAIN NAME HIJACKING
The National Arbitration Forum panels are beginning to catch...
NAF SETS NEW PRECEDENT IN DENYING A COMPLAINT SOLELY ON THE BASIS OF LACHES
In the case of Laminex, Inc. v. Yan Smith,...
ONLY 2 NATIONAL ARBITRATION FORUM PANELS FOUND REVERSE DOMAIN HIJACKING IN THE LAST 6 MONTHS
Though WIPO panels found a number of Reverse domain...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every six months we bring you an update on...
RUSSIAN COALITION WITHDRAWS INTERNET PLAN
If you read my blog yesterday, you saw that...
INTERNET GOVERNANCE TALKS IN JEOPARDY
A 12-day conference of the International Telecommunications Union, taking...
OBAMA SIGNS SAFE WEB ACT INTO LAW
The new law expands the FTC’s powers so it...
INTERNET REGULATION TO DOMINATE GLOBAL SUMMIT
An unprecedented debate over how the global Internet is...
A NEW WEB SITE IS NOW UP WHICH WILL PROVIDE ONE-STOP SHOPPING FOR ALL OF YOUR INTERNET LEGAL NEEDS
Howard Neu, “the Internet Lawyer” and co-founder of the...
CREEPING INTERNET CENSORSHIP HITS AGAIN – THIS TIME IT IS THE UNITED ARAB EMIRATES
Government crackdowns on Internet dissidents and bloggers in the...
GOOGLE BLOCKED IN CHINA AS COMMUNIST PARTY CONGRESS BEGINS
The company said it was not having any technical...
ELECTION OFFICIALS OVERWHELMED BY E-MAIL VOTING
Governments strained to allow voters to participate in the...
DONUTS’ GRAB FOR DOMAINS RAISES FEARS OF CYBERSQUATTING
Donuts.co, backed by more than $100 million in venture...
NEUSNEWS.COM IS ONCE AGAIN UP AND RUNNING
Here are some edited down versions of NeusNews.com Blog...
CHINA BLOCKS ACCESS TO NEW YORK TIMES WEBSITE
As President Ronald Reagan used to say, “There they...
IS ICANN ABOUT TO GET A MAJOR COMPETITOR?
The Internet Governance Forum’s annual meeting provides an opportunity...
D O J REVIEWING VERISIGN DOTCOM CONTRACT WITH ICANN
Verisign said late last week in releasing its latest...
FACEBOOK FACES ANTI-TRUST LAW SUIT
Gambit is the leading virtual currency and payment- processing...
GOOGLE V. FRANCE – WHO WILL WIN THIS BATTLE?
Google has warned it would exclude French media sites...
THE URS IS COMING – BUT WHO WILL ENFORCE IT?
ICANN envisioned the URS (Uniform Rapid Suspension) procedures as...
WHICH COUNTRIES CENSOR THE INTERNET THE MOST?
Recently, Freedom House, an independent watchdog organization, published “Freedom...
JUDGE ORDERS ARREST OF BRAZIL GOOGLE PRESIDENT
A Brazilian judge ordered the arrest of the head...
FBI RENEWS REQUEST FOR NEW INTERNET SURVEILLANCE LAWS
“Companies should be required to build in back doors...
GOOGLE REJECTS OBAMA REQUEST TO PULL MUSLIM FILM CLIP
The Internet company said it was censoring the video...
ANOTHER ASIAN COUNTRY CRACKS DOWN ON FREE SPEECH ON THE INTERNET- AND IT IS STILL NOT CHINA
The Indian government said in a statement it had...
AN ASIAN GOVERNMENT IS CRACKING DOWN ON INTERNET FREEDOM, AND IT ISN’T CHINA
In South Korea — A government critic who called...
GOOGLE TO PAY RECORD FINE OVER SAFARI PRIVACY VIOLATION
Google has agreed to pay a record settlement over...
CONGRESS RAISES NEW CONCERNS ABOUT NEW gTLDs
Congressmen are saying they want fresh assurances that the...
GOOGLE SHOULD PAY $750 A BOOK, AUTHORS SAY In E-BOOK SUIT
Google is being sued over its plan, announced in...
CONGRESS RESISTS CONTROL OF INTERNET PASSING TO U.N. AGENCY
At present several non-profit US bodies oversee the net’s...
ARE AFFILIATE NETWORKS REALLY VIABLE IN THE LONG-TERM?
One of my arguments against the long-term viability of...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT THE NATIONAL ARBITRATION FORUM?
Every 6 months, we bring you up-to-date on the...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every 6 months, we bring you up-to-date on the...
GOOGLE IN DEAL WITH FRENCH GROUPS OVER ‘JEW’ SUGGESTION
GOOGLE’s motto is “Do no evil”, but it certainly...
TEXAS ATTORNEY GENERAL ACCUSES GOOGLE OF WITHHOLDING EVIDENCE
The allegations surfaced in a court filing earlier this...
HOUSE COMMITTEE VOTES TO PREVENT U.N. INTERNET REGULATION
Rep. Mary Bono Mack, R-Calif., championed the resolution, which...
SAVEME.COM WINS REVERSE DOMAIN HIJACKING DECISION AT WIPO
I have the distinct privilege of calling Rick Schwartz...
LAWMAKERS BLAST U.N. “POWER GRAB” FOR THE INTERNET
The U.S. government wants to bring as much ammunition...
FIGHT FOR THE FUTURE IS FORMING THE INTERNET DEFENSE LEAGUE
“The Internet Blackout was just the beginning,” the league...
NEW YORK PROPOSES BAN ON ANONYMOUS POSTS
A resulting bill, known as the Internet Protection Act...
THE CONSTITUTION PROJECT AND OTHER GROUPS CALL SENATE CYBERSECURITY BILLS ‘FUNDAMENTALLY FLAWED
After blasting a controversial House cybersecurity information-sharing bill, then...
FACEBOOK CO-FOUNDER EDUARDO SAVERIN GIVES UP U.S. CITIZENSHIP
Facebook plans to raise as much as $11.8 billion...
THERE IS SOMETHING DRASTICALLY WRONG WITH ICANN
I met with a United States Congressman today who...
T.R.A.F.F.I.C. ANNOUNCES CINCO DE MAYO SALE FOR SPONSORS
T.R.A.F.F.I.C. is presenting a unique opportunity for Sponsors and...
FEDERAL TRADE COMMISSION GETS OUTSIDE COUNSEL IN GOOGLE INVESTIGATION
The FTC is examining Google’s immensely powerful and lucrative...
HOUSE OF REPRESENTATIVES PASSES CISPA
The House of Representatives passed on Thursday a controversial...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART X
The latest chapter in Government takeover of Cyberspace Freedom...
BIG BROTHER BILL “CISPA” GAINS OPPOSITION
Last-minute opposition to the CISPA, which has been criticized...
EX-LOVER PUNISHED FOR FACEBOOK REVENGE
A jilted boyfriend who put nude pictures of his...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IX
Rumors that Iran plans to ‘shut down the internet’...
CONGRATULATIONS TO RICK SCHWARTZ ON HIS BLOG’S 5TH ANNIVERSARY
It seems like a century ago when I first...
ZYNGA IN TALKS WITH WYNN RESORTS FOR ONLINE-GAMBLING DEAL
Eager to marry the popularity of social gaming with...
FACEBOOK RELEASES ZUCKERBERG’S HARVARD DAYS EMAILS
For the first time, Facebook released a trove of...
PAYPAL SPARKS FUROR OVER LIMITS ON “OBSCENE” E-BOOKS
PayPal sent an email on Feb 18 to Mark...
CIVIL LIBERTARIANS SLAM McCAIN CYBERSECURITY BILL
“This is a privacy nightmare that will eventually result...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VIII
About a dozen Internet providers had since Saturday blocked...
WEB PRIVACY GUARANTY? CRITICS REMAIN SKEPTICAL
The White House has proposed ab online privacy “BILL...
F.T.C. TELLS EPIC TO MIND ITS OWN BUSINESS ABOUT GOOGLE
Last year, Google signed a consent decree with the...
MICROSOFT ACCUSES GOOGLE OF BYPASSING INTERNET EXPLORER PRIVACY SETTINGS
“When the IE team heard that Google had bypassed...
GOOGLE’S IPHONE TRACKING GETS COMPLAINTS
The companies have been using special computer code that...
EPIC FILES SUIT AGAINST GOOGLE ON PRIVACY CHANGES
Google’s plan to streamline privacy settings for some 60...
E.U. WANTS GOOGLE TO DELAY PRIVACY POLICY CHANGES
The move is a shot across the bow for...
LAWMAKER WANTS PROBE OF GOOGLE’S PRIVACY CHANGES
In a separate statement, Markey plans to ask the...
EUROPE WEIGHS TOUGH LAW ON ONLINE PRIVACY
The proposed data protection regulation from the European Commission,...
WIPO UPDATE III — WHO IS IN YOUR CORNER THIS TIME?
Last week we published the results of our survey...
WAS 2011 A GOOD YEAR FOR YOU?
A year ago, I was diagnosed with prostate cancer....
CONSTRUCTION COMPANY LOSES UDRP TO ATTORNEYS FOR MILITARY CLAIMANTS IN SEPARATE LAWSUIT
In a case filed with the National Arbitration Forum,...
NAF UPDATE III – WHO IS IN YOUR CORNER?
During the past 6 months, there have been a...
SENATORS CALL FOR FTC PROBE OF GOOGLE
Committee Chairman Herb Kohl (D-Wis.) and Mike Lee (R-Utah)...
GRIPE SITE PISSEDCONSUMER.COM WINS ROUND IN LAWSUIT
The companies — software developer Ascentive and mattress manufacturer...
US IMMIGRATION SERVICES BLASTED FOR DOMAIN SEIZURES
Since its launch in June 2010, the initiative, spearheaded...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VII
Opening a two-day conference on digital freedom sponsored by...
SENATORS WARN ICANN TO TREAD CAREFULLY WITH NEW gTLDS
Kurt Pritz,a senior vice president at ICANN, said the...
BIPARTISAN LAWMAKERS OFFER ALTERNATIVE PROPOSAL TO ONLINE PIRACY BILLS
A bipartisan group of House and Senate lawmakers released...
PATIENT SUES DENTIST WHO CHARGED HIM FOR BAD REVIEWS
Robert Lee was compelled to sign a privacy agreement...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VI
Opponents of the PCIPA say that it is not...
THE TIDE SEEMS TO HAVE TURNED AGAINST THE STOP ONLINE PIRACY ACT
“Need to find a better solution than #SOPA #DontBreakTheInternet,”...
LEGO LOSES UDRP ON LEGOWORKSHOP.COM
In a WIPO action decided on October 1st, the...
GOOGLE CEO SCHMIDT TELLS U.S. SENATE THAT GOOGLE DOESN’T DOMINATE SEARCH
“Google has many strong competitors,” Schmidt said in answers...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART V
Foreign Secretary William Hague said the fact that criminals...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IV
Controversy over a new copyright bill continues to grow...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART III
The United States and other democracies around the world...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART II
This is the second in a series of blogs...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM
On August 6, 1991, a little over 20 years...
IPADS MAY ELIMINATE FREE HOTEL WI-FI
If, like me, you have been complaining about unusually...
T.R.A.F.F.I.C. AND ZENSCROW.COM TEAM UP TO OFFER SELLERS “2ND BITE”
T.R.A.F.F.I.C. has partnered with Zenscrow.com to offer bidders guaranteed...
EUROPE PLANS CHARTER TO SAFEGUARD INTERNET USER
Internet activists say governments ranging from Egypt to Pakistan...
PREMIUM CATEGORY KILLER DOMAIN HEADLINES T.R.A.F.F.I.C. LIVE AUCTION
Fort Lauderdale, FL and Six Nations of the Grand...
GOOGLE RIVALS TO TESTIFY IN ANTITRUST ASSAULT IN D.C.
In a preview of today’s Senate antitrust hearing on...
APPLE CUTS -JEW OR NOT JEW APP- FROM FRENCH APP STORE
Anti-Semitism is still alive and kicking in Europe and...
U.S. GRAND JURY CONDUCTS CRIMINAL PROBE OF EBAY EMPLOYEES
The two companies have been feuding for years in...
CAROL BARTZ: YAHOO “F—ED ME OVER”
Last evening, barely 24 hours after Yahoo chairman Roy...
DDOS ATTACK ON FELLOW DOMAIN BLOGGER FROM FRAUD EXPOSE
Hi all, Some of you may or may not...
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  • Aug 18, 2020
  • Howard Neu
  • Comments Off on WE REALLY HAD OUR UDRP RESPONSE “DOWN PAT”(.COM)
  • General
  • 1019 Views

August 18th, 2020
WE REALLY HAD OUR UDRP RESPONSE “DOWN PAT”(.COM)

When our client, domain investor, requested that we file a Response to a UDRP on DownPat.com, he admittedly had only very recently acquired the domain name at auction.  The Complainant had alleged that it had a trademark for “Down Pat” in Australia, so we had to look closely at the facts to see whether or not the domain could be defended.  The Australian company had 2 problems going forward: they had only APPLIED for a trademark and they never used it for their products.

So at that point, it became rather easy to defend the UDRP solely on the basis of lack of registered or common law trademark.  However, we made it a point to also show legitimate business interest as a professional domain name investor and lack of “bad faith” in the registration.  In an interesting decision, the 3 person panel of Andrew Christie, Clive Elliott and Hon. Neil Brown found unanimously that the Complaint was Denied due to lack of a registered or common law trademark.  However, the Hon. Neil Brown went one step further.  His learned opinion concluded that we would have prevailed on all 3 points.  Thank you Neil Brown.

My position has always been that if the domain name is worth defending in a UDRP, the additional funds WIPO or the FORUM charges for a 3 person panel is well worth it.  Our analysis of past decisions shows quite vividly, that the odds of a successful defense increase exponentially with a 3 person panel.  You can pick one panelist, and you have a strong say on who the presiding panelist will be.  We publish semi-annually the “track record” of each of the panelists at WIPO and the FORUM which makes it easier to know who to request as your panelist and helps to eliminate those panelists who are ever so hostile to domain investors.

Here is the Decision in the Downpat.com case:

  1. Discussion and Findings
  1. Identical or Confusingly Similar

Complainant has filed a trade mark application for DOWNPAT:  Australian Trade Mark Application No. 2051313:  DOWNPAT filed on November 22, 2019.  This application is currently pending.

The WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”) states, at section 1.1.4:  “A pending trademark application would not by itself establish trademark rights within the meaning of UDRP paragraph 4(a)(i).”  So, for Complainant to establish the first requirement, it needs to show that DOWNPAT is an unregistered/common law trade mark.

The WIPO Overview 3.0 states, at section 1.3:  “To establish unregistered or common law trademark rights for purposes of the UDRP, the complainant must show that its mark has become a distinctive identifier which consumers associate with the complainant’s goods and/or services.”  Section 1.3 continues:  “Relevant evidence demonstrating such acquired distinctiveness (also referred to as secondary meaning) includes a range of factors such as (i) the duration and nature of use of the mark, (ii) the amount of sales under the mark, (iii) the nature and extent of advertising using the mark, (iv) the degree of actual public (e.g., consumer, industry, media) recognition, and (v) consumer surveys.”

Complainant asserts that it has taken certain preparatory steps to use the DOWNPAT trade mark.  It also relies on its pending Australian Trade Mark Application and its ownership of the domain name <downpat.com.au>.  However, Complainant acknowledges that it has not actually used the DOWNPAT trade mark in the course of trade.  That being the case, Complainant cannot have acquired rights in DOWNPAT as an unregistered/common law trade mark.

Without trade mark rights, Complainant cannot satisfy the first requirement of the Policy.  Under the circumstances, the Complaint must fail, and it is unnecessary to address the additional grounds.

  1. Rights or Legitimate Interests, Registered and Used in Bad Faith

Given that Complainant has failed to establish the first requirement of the Policy, it is not necessary for the Panel to address the merits of the parties’ arguments in respect of the second and third requirements.

Moreover, the majority of the Panel (Mr Elliott and Mr Christie) is of the view that it is unhelpful in this case to express an opinion on the second and third requirements.  Complainant has a trade mark application pending, and it is possible that this application will, in due course, proceed to acceptance and subsequently to registration.  Should that occur, it appears that Complainant would be able to satisfy the first requirement of the Policy.  Whether Complainant could then file a further Complaint in respect of the Domain Name would be determined by the established principles on refiling of complaints, as set out in WIPO Overview 3.0, section 4.18.  If a refiling of the complaint was permitted, it would likely be because the circumstances of the case had changed (e.g., because of legally relevant developments, availability of new evidence, etc.).  In such a situation, the opinions of this Panel on the circumstances of the case currently before it would have no meaningful relevance to the later Panel considering the changed circumstances. Nevertheless, the parties might feel compelled to address those opinions in their arguments, causing unnecessary expenditure of resources by them and the later Panel.  Accordingly, in the particular circumstances of this case, the majority of the Panel considers it unhelpful to express a view on the second and third requirements.

 Concurring Opinion

 The panelist The Hon Neil Anthony Brown QC agrees with the conclusion of the Panel and wishes to add additional reasons for that conclusion.

A UDRP proceeding will fail if the Complainant fails to make out one of the three elements required to be proved.  In the present case, it is clear that Complainant has not established a trade mark either by way of registration or by acquiring common law rights.  Indeed, it is difficult to see how it could be argued to the contrary and the Complaint fails for that reason.  However, parties go to considerable time and expense in addressing and marshalling evidence on all three elements and in an appropriate case, of which this is one, panels should consider addressing all of those elements where the facts establish a clear principle or re‑affirm an established principle.  In the latter situation, such decisions can be of assistance to other parties in the making and defence of future claims under the Policy, even if they are not binding.  Accordingly, it is appropriate in the present case to deal with the additional two elements.

On the issue of rights and legitimate interests, Respondent has shown, beyond any doubt at all, that it does have such a right or legitimate interest.  The Domain Name consists of two clearly generic words in common use in the English language and even when they are run together, as they are to make up the Domain Name, they create another generic word.  That being so,  Respondent has a right to register a domain name using those words and a legitimate interest in using it for the same reason, which is that they are part of the language over which Complainant has no right to limit Respondent’s or anyone else’s use of the words.  Respondent’s right and interest also come from the uncontradicted evidence that it is engaged in the legitimate business of buying, developing, and selling domain names, which was the reason it acquired the Domain Name in the first place.  That right and interest are subject to the important qualification that the registrant must not use the domain name to copy or undermine a complainant’s trade mark, to target or injure it or engage in any other untoward conduct.  In the present case, there is no evidence that Respondent was minded to or did engage in any such behaviour.  These principles are well-established and reflected in many prior decisions, including that cited by Respondent, namely Rentsch Partner AG v. Domain Hostmaster, Whois Privacy Serviced Pty Ltd Customer ID 78529104178955, Stanley Pace, WIPO Case No. D2015 -2302.  The Complaint therefore fails under the second element.

On the issue of bad faith, Complainant has not shown any evidence to suggest that Respondent registered and used the Domain Name in bad faith.  Indeed, the Complainant has not made out either of those criteria.  Complainant’s case is simply a few lines of text that assert two things, neither of which amounts to bad faith.  First, it asserts that Respondent is not using the Domain Name, in the sense clearly meant by Complainant that it is not being used to support a website.  Respondent is not obliged to use the Domain Name for a web site and in any event it is clearly using the Domain Name as part of its stock in trade of a business that buys, develops, and sells domain names.  Secondly, Complainant takes exception to the fact that the Domain Name is for sale at what is, in its opinion, a “highly inflated” price.  This again, is not a ground of bad faith and in any event, whether the price demanded by a seller of any commodity is excessive is, like beauty, in the eye of the beholder, and a panel could never determine whether a price was high or low, especially when there is no valuation evidence submitted.  A domain name is worth what someone is prepared to pay for it.  Finally, and over-riding all of the above considerations, if and when Complainant’s trade mark is registered, it will have been registered after Respondent registered the Domain Name.  Accordingly, the Domain Name could not have been registered with the necessary bad faith directed at Complainant and its trade mark, which is a necessary ingredient of bad faith in these proceedings.  Accordingly, the Complaint also fails on this element.

Decision

For the foregoing reasons, the Complaint is denied.

/Clive L. Elliott Q.C./

Clive L. Elliott Q.C.

Presiding Panelist

/Andrew F. Christie/

Andrew F. Christie

Panelist

/The Hon Neil Brown Q.C./

The Hon Neil Brown Q.C.

Panelist (Concurring)

Date:  August 11, 2020

 

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