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Archive for the 'Domain Disputes' Category

Safenames announced that it recently won a domain dispute for legendary poker player, Gus Hansen.  Safenames, has successfully recovered the domain name, “gushansen.com”, for the three-time World Poker Tour champion, Gus Hansen, using the Uniform domain name Resolution Dispute Policy (UDRP).   Although Hanson did not have a registered trademark on his personal name at the time of the filing, Safenames was able to demonstrate that the domain name was registered in bad faith. Safenames proved that the defendant infringed on Hansen’s common law mark, his famous personal name, because the domain was used in a manner that was publically recognizable to Mr. Hansen.

Working closely with Mr. Hansen’s representatives, the Safenames legal team filed the UDRP with the World Intellectual Property Organization (WIPO) in Geneva, Switzerland against Yevgen Kudashov.  Safenames demonstrated that the registrant was effectively creating “confusion” with the public, profiting from and acting in bad faith in his registration of gushansen.com. And, that Mr. Kudashov went to great lengths in an attempt to fool the public into believing that he was actually Hansen by creating an email address that contained the Mr. Hansen’s nickname “Gus the Great Dane” which was used as the WHOIS administrative contact.

The WIPO Panellist found in favor of Gus Hansen, concluding that Mr. Kudashov, had no rights or legitimate interests in the domain and the name was registered and used in bad faith; ultimately ruling that the domain name should be transferred to Hansen, although the domain name was registered over five years ago by Kudashov. 

For more information about domain disputes, please contact a Safenames online brand consultants at:

http://www.safenames.net/AboutUs/ContactUs.aspx

Safenames has received its accreditation to provision domain names directly from the registries of three additional countries: Uganda, Romania and Angola. This allows Safenames’ customers to protect and promote their brand(s) by registering .ug, .ro and .co.ao extensions with Safenames. Of special note, Safenames is the first and, currently, the only registrar for NIC-Angola.

As experts in registry rules and registration regulations, Safenames will work directly with the NIC authorities to simplify the process to secure the domain name(s) your company needs. For more information, please contact a Safenames Domain Specialist.

The Implementation Recommendation Team (“IRT”), a committee within the ICANN community, has proposed a new process to address the growing problems related to abuse and trademark infringement activities pertaining to domains that resolve to unauthorized content. This system, Uniform Rapid Suspension System(“URS”), is intended to supplement the UDRP and provide a cost-effective and timely mechanism for brand owners to protect their tradmarks. The proposed system will be discussed at the upcoming ICANN meeting in Sydney.  Safenames will continue to follow the developments of this important proposal and provide updates as the URS moves closer to implementation. 

To view an Open Letter from the IRT that outlines their objectives, please visit:

http://icann.org/en/topics/new-gtlds/irt-final-report-trademark-protection-29may09-en.pdf

If you are considering the purchase of a domain that is registered to someone else but is ‘for sale’ in the secondary market, there are a number of steps to take prior to making an offer. The history of that domain must be researched in order to determine whether there are legacy factors that may negatively impact the Search Engine Optimization (SEO) value.  When you utilize Safenames’ Domain Acquisition Service to purchase an aftermarket domain name, we take a number of steps to ensure that the domain you want is “clean” and that the name can be developed immediately.  As outlined in a recent blog from eBuzzmaster (http://www.ebuzzmaster.com/blog/archives/checking-out-a-recycled-domain.php), there are basic ways to uncover whether your desired domain name is free of anything that may impede your ability to successfully market the domain and your brand:

1. Use History

Safenames will make sure that the domain name has NOT been used to send SPAM and thus been blacklisted by major search engines (such as Google or Yahoo) by checking the IP address against www.mxtoolbox.com/blacklists.aspx.

  • a. If it is not on the list, you should proceed to the next step in the review process.
  • b. If it is on the list, you may want to reconsider your purchase decision or possibly lower offer amount
2. Length of Time Registered

Safenames will next check to see how long the domain has been registered. A longer period of time that a domain has been continuously registered indicates that domain will have a higher value, than a newly registered name.  It is a factor of supply and demand.  And, search engines generally value a domain name with older registration dates because is a sign that the domain is being used for a productive purpose and is viewed as more credible. In addition, the quality value of a name is also scored based on the paid registration term left on the domain name because it most likely indicates that the domain was not registered for a SPAM, phishing or other nefarious Internet activities which are usually only registered for one year terms.

3. PageRank

Safenames will check the domain’s PageRank (i.e., how Google prioritizes the domain). The higher the page rank, the better positioned it is with search engines – highly ranked domains are usually a smart investment.  The domains have built in SEO value that can be expanded quickly with some additional marketing investment by you.

4. Site Index Confirmation

Safenames will research whether the site has been indexed by search engines.  If a page result is shown in Google then the site is positively indexed. If there are pages in the Google index, you can check inbound linking to those pages (best way is through Yahoo), and redirect them to appropriate new pages so that the link value (if appropriate) follows to your newly published page.

5. Link Presence

Determining whether there are links on major search engines like Google and Yahoo, gives you a valuable ‘head start’ on a link strategy for a Website on your new domain name.  If you buy a domain name with a strong link presence, you can leverage the existing links by combined them with your new and fresh Web site content.

Safenames will not only perform these checks as part of the Domain Acquisition Service on an aftermarket domain to recommend whether it is a good investment, but we can guide you on getting the most from an existing domain portfolio.  Building a well indexed, link maximized Web site doesn’t always mean you need to start from scratch with a domain name – Safenames can show you how to extend SEO value through aftermarket domains.

Safenames has successfully presented a domain dispute case for mercedesbenzdirect.co.uk on behalf of its rightful registrant, Daimler AG.  In a June 2, 2009 decision from the .UK registry, Nominet, Safenames legal team overwhelmingly demonstrated that an unauthorized party had registered the name in bad faith, abusing the trademark of the iconic automobile manufacturer through its illegal use of the domain name.  The ruling by Nominet resulted in the immediate transfer of registration rights and management control of the unauthorized domain name to Daimler AG.

“We are very happy when we have the opportunity to help our clients stop abuse of an online trademark.  Mercedes-Benz has devoted substantial amounts of marketing dollars, hard work and resources to provide the highest quality of automotive products.  These efforts have enabled Mercedes-Benz to build a well known and trusted global brand with a stellar reputation.  We will continue to work diligently on their behalf to ensure that their brand is protected and defended across the Internet.” said Head Counsel for Safenames, Prudence Malinki.

NEW YEAR BRINGS NEW DIARY DATES

Happy New Year! 2008 brings a number of exciting dates in the Trademark calendar and Safenames would like to keep all of our clients up to date with all developments for this year. This month’s newsletter is primarily dominated with key dates and articles concerning Intellectual Property and trademark events and Meetings that all companies with an international online brand presence, to keep you up-to-speed on developments in the Industry.

JOINT ECTA- ITMA SEMINAR FOCUSSING ON DOMAIN NAME MANAGEMENTS

The first of this year’s exciting events is the Joint day seminar program “Working With Dots”. This seminar will see the union of the European Communities Trade Mark Association (ECTA) and the Institute of Trade Mark Attorneys (ITMA) present an all day event on the 17th January. The seminar will take place in Lincolns’ Inn Fields, London and will present an impressive line up of lectures and lecturers alike including;

  • Eric Ramage (Chair of the ECTA Internet Committee) providing a guide to domain names and current issues;
  • Ari Luanne discussing international domain registrations; and
  • Sandra Waller (Trade Mark Attorney with Reckitt benckiser plc UK) discussing management of Portfolio’s of domain names.

This promises to be a great evening with Domain Names being the focus point of the day and a drinks reception sponsored by Darts-IP.

ITMA’S LONDON INTERNATIONAL MEETING

This April will see ITMA’s impressive International Meeting taking place this year at the Royal Garden Hotel in Kensington High Street, London. The meeting will take place on the 2-4th April 2008 and will boast lectures from; Wolfgang May, Wella (Proctor & Gamble); Oscar Benito, GSK; Vincent O’Reilly, OHIM; Bill Trott, UKIPO and Anna Carboni from Wilberforce Chambers. Safenames will be in attendance and we’ll provide further information on the event.

 

The event promises to be a no expenses spared affair with Cocktail Receptions and Cocktail party on the 2nd; Exhibitions; and an ITMA dinner on the 3rd at the Royal Automobile Club in Pall Mall. Places are still available please visit http://www.itma.org.uk/pdf_downloads/conferences/international-2008.pdf

USPTO’S NATIONAL TRADEMARK EXPO RETURNS IN 2008

April also sees the return of the U.S. Patent and Trademark Office (USPTO) National Trademark Expo, which has not been held since 1996. The Trademark Expo will take place in Alexandria, Virginia US at the USPTO’s headquarters on the 10-12 April 2008.The affair is revolved around educating people of the importance and vital role that trademarks play in the economic market. With what promises to be a fun filled evening participants (who are eligible by possessing a registered mark with USPTO) showcasing their trademarks in a wide variety of ways including; themed displays; corporate booths and costumed characters.

 

The USPTO is encouraging the owners of famous trademark, trademarks that are unusual, configuration trademarks and trademarks which identify products frequently subject to counterfeiting to apply and participate. Unfortunately the applications are currently closed but watch this space for a further report on this year’s Expo.

GERMANY’S BERLIN TO HOST THE 130TH ANNUAL MEETING FOR INTA

The International Trademark Association (INTA) are holding their 130th Annual meeting this year In Berlin Germany. The Meeting will take place on the 17-21 May 2008 and is set to have over 7,500 attendees. This is a second return for INTA to Europe for their Annual meetings; in 2003 their meeting was held in Amsterdam.

 

This year’s attendees will be provided with badges which entitle them to FREE public transport which includes buses trams and the underground. INTA have pushed the boat out for this year meeting- 45 hotels in Berlin have had their rooms blocked to accommodate all of the attendees and guests, meaning that this year they have abandoned their usual designated headquarters hotel approach.

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