In a WIPO decision issued today a pretty generic domain domain, 7Days.com was awarded to a the owner of a trademark registered in Greece and Portugal. Although the domain was parked, none of the links were alleged to go to the trademark owners site or competitors site, just a general parking page. ""The Panel finds on the undisputed evidence of the Complainant that the Respondent has not … [Read more...]
Sedo Fined 95,000 Euro’s By A French Court For A Parked Page & Ordered To Post The Verdict
If you think the trademark laws are tough in the United States, you should check out the french laws. If you visit Sedo's home page for France, you will see on the bottom of the front page a judgment of a French court entered against Sedo for a total of 95,000 Euro's for apparently just parking a domain its didn't own. The case involved the domain Euridile.fr, which the court found infringed … [Read more...]
WIPO: Another Horrible Inconsistent Decision: “Constructive Notice Does Not = Bad Faith”
In yet another shoot from the hip WIPO decision this one involving the domain SkyWaterSystems.com, the sole panelist found that even though the Complaint and the Domain Holder were in the same type of business, there is not necessarily any confusion. """As far as the record here reveals, however, the water-related systems offered by the parties here are not strictly, as Complainant asserts, in … [Read more...]
WIPO Takes 13 Year Old Domain Sporto.com: Saying “UDRP Does Not Operate On A Strict Doctrine of Precedent
In a WIPO decision a sole panelist took away a domain registered by the domain holder in 1997, that's 13 years ago. The domain at issue is sporto.com Over the years, the domain has been used many different ways including as a developed site but also for a period of time as a parked page. This case again turned on the bad faith issue. The policy on bad faith is pretty clearly … [Read more...]
WIPO Panel Allows FMA To Keep Domain Despite Trademark & Parking
Well in an interesting WIPO decision, a sole panelist rejected a trademark holders claim even though they found the domain at issue, finaza.com "was confusingly similar to a mark in which Complainants have rights" and even through the domain was parked for some time. """The Panel is cognizant of other decisions (including those of this Panel) finding that “parking” a web site with a service … [Read more...]
Microsoft Gets Hundreds Of Domains Shut Down By A Federal Court Without Notice To Holders
On Monday Microsoft got a federal court in Alexandria, Va. to grant an order to deactivate hundreds of domain names that the company said were linked to botnet named Waledac. The court order was issued under seal, that means not made public and without any notice to the domain holders before the order was granted or the shut down occurred. Microsoft says the defendants were linked to more … [Read more...]
Italy Finds 3 Google Execs Guilty Criminally For Online Videos Posted On Google Video
In what could be a legal decision having wide implications around the world, an Italian judge on Wednesday held three Google executives criminally responsible for an online video of an autistic teenager being bullied. The charges stemmed from a 2006 video posted on Google Video, thevideo-sharing service Google ran before acquiring YouTube. The footage showed an autistic student being pushed, … [Read more...]