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UDRP of the day: how-to-roll-a-blunt-with-a-swisher-sweet.info

Kevin Murphy, April 28, 2010, Domain Policy

This is mildly amusing. Somebody, presumably the cigar company, has filed a UDRP claim against the owner of how-to-roll-a-blunt-with-a-swisher-sweet.info.
The domain name was registered last month and, sadly, does not appear to have any content yet. It’s registered to “Gregory Bong”.
In the US, a “Swisher Sweet” is your basic bog-standard convenience store panatela cigar.
A “blunt” is what the registrant was probably smoking.
The .com version of the domain is, unsurprisingly, available, so I can only assume price was a big factor in Bong’s choice of TLD.

RapidShare chases cybersquatters

Kevin Murphy, April 19, 2010, Domain Policy

RapidShare, the popular German file-hosting site, has filed six cybersquatting claims against people with the word “rapidshare” in their domains.
The UDRP complaints are either a sign that RapidShare is cracking down on pirated content, or an example of balls-out intellectual property chutzpah.
My guess is it’s the latter, for two reasons.
First, a search reveals dozens of popular sites with “rapidshare” in the domain, all serving RapidShare links to copyrighted content, none of which have had UDRP claims filed against them.
Second, each of the six domains RapidShare has filed claims for seem to provide links only to files hosted by competing services such as Hotfile.com or Uploading.com.
RapidShare.com is currently the 35th most-popular site on the internet, more popular than Craigslist, according to Alexa.
A German court ruled two years ago that it had to start deleting pirate content, and it has been playing whack-a-mole with the bootleggers ever since.
Now, it wants the World Intellectual Property Organization to help it protect its trademark. There’s irony for you.

$10 billion disk-maker wins domain name

Kevin Murphy, April 16, 2010, Domain Policy

Seagate Technology, the world’s biggest hard disk drive maker, has won seagatetechnology.com – the exact match of its company name – at UDRP.
The squatter, identified as Standard Bearer Enterprises, registered the name in 2004. That’s six years of squeezing click revenue from an exact-match name of a multi-billion dollar firm.
Standard Bearer has a track record of losing famous names at UDRP, and was named in a cybersquatting lawsuit filed by Andre Agassi and Steffi Graff last year.
Seagate is a huge company, reporting revenue approaching $10 billion last year. It has been using the Seagate Technology trademark since 1983.
It’s not exactly naive about domain names, either.
Its primary domain, seagate.com, was first registered in 1992 – the Neolithic by internet standards. It beggars belief that its taken 18 years to secure its long-form company name.

WIPO’s UDRP market share lead narrows

Kevin Murphy, April 13, 2010, Domain Policy

The number of UDRP cases filed with the National Arbitration Forum dipped slightly last year, according to NAF numbers released today.
The organization said it received 1,759 filings last year, compared to 1,770 in 2008. Only 1,333 of the cases were actually heard; the others were dropped or settled.
While that’s a decline for NAF, it’s not quite as steep as the almost 10% drop experienced by rival arbitrator WIPO over the same period.
That said, WIPO is still the primary choice of companies trying to enforce their trademarks in the domain name system, saying last month that it received 2,107 complaints in 2009.
It was also the year of big multi-domain cases for both outfits.
WIPO handed 1,542 domains to Inter-Continental Hotels in a single case, while NAF transferred a relatively modest 1,017 domains to ConsumerInfo.com.

Richard Dawkins files UDRP claim for richarddawkins.com?

Kevin Murphy, April 8, 2010, Domain Policy

Biologist Richard Dawkins, perhaps the planet’s most famous and controversial atheist, has apparently filed a UDRP claim for richarddawkins.com.
The domain, which is down, is registered to a New Jersey address. For the last 10 years, up until at least a week ago, it has sold Dawkins’ books via Amazon’s affiliate program.
The UDRP case was filed with the National Arbitration Forum yesterday. The parties to the case are not yet listed.
Dawkins’ official web site is hosted at richarddawkins.net.
Interestingly, richarddawkins.org is owned by the loopy creationist group Access Research Network. ARN’s page incorrectly points visitors to richarddawkins.com if they want the “official” site.
Dawkins may have a struggle on his hands. Celebrity cybersquatting cases are rarely straightforward, and he may have trouble proving both trademark rights and bad faith.
Better knock on wood, Richard.

New gTLDs will cost $155 billion, honest

A report out from the Coalition Against Domain Name Abuse, which pegs the cost of first-round new gTLD defensive registrations at $746 million, has set eyes rolling this evening.
CircleID rather oddly compares it to a recent Minds + Machines study, “predicting new gTLDs will only cost $.10 per trademark worldwide.”
Apples and oranges, in my view.
But numbers are fun.
My own estimate, using data from both CADNA and M+M, puts the total cost of new gTLDs defensive registrations at $155.85 billion.
For the avoidance of doubt, you should (continue reading)

Allstate cybersquatter gets away with it for a decade

Kevin Murphy, April 1, 2010, Domain Policy

Allstate Insurance Company, a US insurer with over $30 billion in revenues, has just won a UDRP claim over AllstateInsurance.com, almost 10 years after the domain was first registered.
The company has been using the Allstate trademark for almost 80 years, and is currently the second-largest insurance company in America.
AllstateInsurance.com, the exact match of its company name as well as a combination of its trademark and its primary line of business, was registered in November 2000.
It is currently registered to a Korean individual named Seung Bum; he fought the UDRP claim unsuccessfully.
After a brief period being used by an apparently genuine insurance firm, the domain has been parked with PPC ads for other insurance companies for the best part of the last decade.
The volume of type-in traffic over than period must have been substantial, and one can only speculate how much revenue was accumulated.
All of which begs the question: why on earth did Allstate wait 10 years to file a UDRP claim?
It seems that cybersquatting, at least in this case, pays.

Deloitte brand list encourages UDRP claims

Kevin Murphy, March 31, 2010, Domain Policy

The number of UDRP claims a company files will help it qualify for a list of 100 brands that qualify for special protection in new gTLD launches.
Deloitte’s new brand list, expected to be published within a week, was created in response to ICANN’s call for a “globally protected marks list” or GPML, that new gTLDs can use in their sunrise periods.
The number of times a brand has been subject to a UDRP complaint is one of four criteria Deloitte is using for inclusion on the list.
.CO Internet, manager of the newly relaunched .co ccTLD, is already using the list in its sunrise period, referring to it as a “Specially Protected Marks” list.
Deloitte is more cautious, pointing out that while it was designed to fulfil some of the objectives of the ICANN GPML, it is not “the” GPML.
The company says: “the list published by Deloitte specifically intends to provide a fair view on which brands stand out in the safeguarding and enforcement of rights in the context of domain names.”
To make it onto the list, brands are assessed on these criteria: the web site’s ranking, the number of trademarks registered worldwide, whether the brand has participated in a previous sunrise, and how often the brand is cybersquatted.
For this last criterion: “Deloitte has reviewed in particular how many times a certain trademark has been invoked in the context of domain name dispute resolution proceedings, in particular in UDRP.”

UDRP claim pits .me against .me.uk

Kevin Murphy, March 29, 2010, Domain Policy

The owner of GuestList.me.uk has filed a UDRP claim against the registrant of GuestList.me.
As far as I can tell, this is the first UDRP case to directly pit a company built on a .me.uk brand against the registrant of the .me equivalent.
GuestList.me.uk is a London, UK-based nightclub promotions site that has been using its domain since 2003.
GuestList.me, which does not currently resolve, was registered through LCM.com’s privacy service on July 18, 2008, during the first 24 hours of .me general availability.
Given that LCM is a UK-based registrar, it seems plausible that GuestList.me’s registrant is also British.
It will be interesting to see which way this decision goes. There’s plenty of opportunity for precedent.

Burberry files UDRP on Engrish squatter

Kevin Murphy, March 25, 2010, Gossip

Burberry, the once-respectable fashion house more commonly associated nowadays with British chavs, has filed a UDRP complaint against a webmaster with an hilarious grasp of English.
Two claims were made against burberryscarfshop.com and burberryscarfstore.com. One site appears to be aimed at Brits, the other Americans, although you’d never know it from the language.
The American site claims: “To provide the superior scarves and service is our common logos and incessant pursue.”
From the British site:

Burberryscarfshop.com of the opinion that no people should go without beautiful scarf.
It is very important and exciting for every people to choose the perfect scarf in the preparation of his happy day!

I wonder which way this decision is going to go…