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The Lowdown
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April 10, 2008 Post
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Here's the The Lowdown
from DNJournal.com! Updated daily to
fill you in on the latest buzz going around the domain name
industry!
Compiled
by Ron Jackson (Editor/Publisher)
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Score
one for the good guys. Back in February we
told you about the owners of Kooks.com (Global
DNS LLC) filing a lawsuit
against a company called Kooks Custom Headers
that was |
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attempting to reverse
hijack their domain by filing an unwarranted WIPO
action against them. Knowing that the WIPO and UDRP
decks are stacked against domain owners (who lose over
80% of the time) Global DNS decided to go on the
offensive and haul the header company into court.
While that case continues to wind its way through the
system, a decision has just come down in the WIPO action
and Kooks.com
won.
While we firmly believe
that valid trademarks should be respected, people need
to realize that there are bad actors on both sides
of the field. |
Many trademark holders have
tried to literally steal domains they have no right to
through the UDRP process or in the court system (where
they hope to bleed their victims financially until they
are forced to surrender the domains the attacker wants).
This was one of the few instances where I've seen a
domain owner turn the tables by filing suit
against the TM bully first. Perhaps the favorable WIPO
decision will now help Global win the court battle as
well.
Domain
Name Wire has a similar heartening
story today about Shoppers.com.
Xedoc Holding won the domain in a Pool.com
auction in February (for $166,000)
and almost as soon as the auction ended one of
the losing bidders, SUPERVALU Inc. filed
a UDRP to try to take the domain away
from them. SUPERVALU has a trademark on
the word "shoppers" for groceries and
pharmaceuticals only but like the Kooks
Header people they decided to over-reach and
claim ownership of the generic dictionary word."
Wrong choice! The UDRP
decision has come down and Xedoc
rightfully keeps the name. By the way,
congratulations go to one of the top attorneys
in our space, Paul Keating of Renova
Ltd. who represented Xedoc in this
filing. |
Paul
Keating
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(Posted
April 10,
2008) |
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