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The Lowdown



April 10, 2008 Post

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)

 

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 

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

(Posted April 10, 2008)  


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