BEDS.COM: ‘Wilful Blindness’ Only Applies to Distinctive Marks You may recall that I have from time to time focused on what it takes to demonstrate acquired distinctiveness or a “secondary meaning” in an otherwise descriptive or generic term. This issue has again arisen in this case because the Complainant alleged common law trademark rights in BEDS.COM due to an “extensive …
2024 Lonnie Borck Memorial Award Nominees
We are thrilled to be able to spotlight the nominees of the 2024 Lonnie Borck Memorial Award, a tribute to those who have made exceptional contributions to fostering a sense of community within the domain name industry. Each individual nominated has left a mark on the domain industry through their commitment, expertise, and generosity. At the same time, as we …
Playhouse.com: Play Around and Find Out – Vol. 3.43
We hope you will enjoy this edition of the Digest (vol. 3.43), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): ‣ Playhouse.com: Play Around and Find Out (playhouse .com) ‣ Nominative Fair Use: Lack of Disclaimer Not Fatal to Respondent’s Case (italysegwaytours .com *with commentary) ‣ Business/Contractual Dispute Outside The Scope …
When it Comes to 3-Letter .Coms, Complainants Usually Fail – Vol. 3.42
When it Comes to 3-Letter .Coms, Complainants Usually Fail Three-letter .com domain names are generally amongst the most sought after because they often correspond to common abbreviations or are otherwise broadly used by many parties. As such, rarely is their value primarily or exclusively attributable to a single trademark holder, with notable exceptions being such brands as IBM, BMW, and …
Announcing IT.com’s and Dynadot’s Sponsorship of our Member Meeting!
The sponsor list for our upcoming event in Vegas is growing, and we couldn’t be more excited! In addition to our group of existing sponsors, Squadhelp with Hilco Digital, GoDaddy and Above.com, please help us by thanking Dynadotfor Energizing your Coffee Breaks and it.com for Fueling Your Friday Lunch! Our sponsors help us make this even possible, and we’re truly grateful for the support of these incredible companies. As always, …
PPC Links Related to Domain Name Demonstrate Legitimate Interest – Vol. 3.41
PPC Links Related to Domain Name Demonstrate Legitimate Interest Most of the time UDRPs are brought to enforce trademark rights. At other times however, they are brought to get a domain name seen as important to a new marketing or branding strategy. The disputed Domain Name was originally created in 1998 and registered by the Respondent it in 2017. What …
Announcing the First Sponsor’s for ICA’s Member Meeting in Las Vegas!
We’re thrilled to unveil the first sponsors of our upcoming ICA Member Meeting in Las Vegas. A big thank you to these member companies for supporting the ICA and helping us bring you an unforgettable event! Squadhelp and Hilco Digital Assets are sponsoring our opening reception. Get ready for an unforgettable kickoff evening courtesy of these industry leaders! GoDaddy, the …
Website Content Assists in Demonstrating Confusingly Similarity and Bad Faith Registration – vol. 3.40
Website Content Assists in Demonstrating Confusingly Similarity and Bad Faith Registration The three-member Panel rightly took note of the generic nature of the words comprised in the disputed Domain Name, noting that “Smoky Mountain” is a geographic signifier referring to “The Great Smoky Mountains that border Tennessee and North Carolina in the southeastern United States”… Read more here. We hope …
ICA AMA with John Berryhill!
Our next AMA is just a few days away! Join us this Friday for a chat with none other than John Berryhill! John is an intellectual property attorney with vast experience in copyright, trademark, patent, and domain name law. He’s well known in the domain industry for representing many registrants in UDRP hearings, defending high-profile clients, and, of course, his sense …
”Unrebutted Circumstantial Evidence” Leads to Transfer of Dictionary Term Domain Name – Vol. 3.39
“Unrebutted Circumstantial Evidence” Leads to Transfer of Dictionary Term Domain Name There is a price to be paid by not responding to a Complaint. Responding to a legal proceeding, and the UDRP in particular, affords the registrant with the opportunity of putting its facts and arguments before the Panel and rebutting the Complainant’s facts and arguments. One can therefore not …