|
|
Domain Name Attorney & Domain Name Attorneys
Interested in the latest lawsuits filed? Visit Dozier Internet Law on Domain Names.
Protecting Your Asset:
Get Your .com and Addresses That Are Similar
Domain Name Dynamics:
Your Domain is at Risk in Today's Environment
Download Adobe Reader to view the PDFs.
View John Dozier's blog entries on recent developments in the law of domain names:
Want to see our take on the most important Federal lawsuits dealing with domain names filed last week? We monitor the country daily and offer our thoughts about each. Just read on down to the bottom of this page and find out what practices are leading to lawsuits!
As domain name attorneys, we don't just handle domain name disputes...but all of the issues a domain name holder faces in the course of business. Dozier Internet Law is one of the biggest domain name owners in the world with 5,000 domain names, so we know the issues involved in the domain name business. Who are the parties we would consider assisting as a domain name attorney?
Our clients retain us as domain name attorneys when they need a domain name attorney to assist them in sales and transactions, due diligence, trademark clearance, acquisition strategies and tactics, enforcement and defense of claims, legislative consulting, litigation, litigation avoidance and risk analysis, and a broad array of related services requiring a high degree of knowledge, expertise, and experience as a domain name attorney. Much of our work is confidential in nature, but a sampling of our most recent publicly available UDRP decisions provide some insight into the quality the work we do as domain name attorneys. We represent both sides of the disputes, and we have not lost a UDRP decision in almost three years:
www.sydneycoleman.com.
zone culinaire and others.
www.satterwhite.com.
www.larescue.com.
www.artscape.com.
www.cimslots.com.
www.simslots.tv.
www.officeplaygrounds.com and www.officeplayground.com.
Dozier Internet Law Domain Name Attorney
Also, consider the following:
- Our client was sued for use of a competing company's domain name in Federal Court in Nevada.
- A competitor sued our client for domain name theft in Federal Court in Washington state.
- A member of a club took our client's domain name when he resigned and initially refused to relinquish it.
- A registrar made a major mistake and released a domain name for public sale.
- We filed a UDRP arbitration proceeding against a well known Caribbean domain name cybersquatter after negotiations for purchase failed.
- Our international client had companies around the world guilty of domain name theft using his name with country specific suffixes. We issued cease and desist and demand letters.
- We were retained as a domain name attorney by a European client to negotiate the purchase of a domain name involved in a domain name dispute.
- Our client had won domain dispute (UDRP) proceedings, but needed assistance in the transfer of the names after significant delays in modifying records of ownership at the registrar.
- A large company sat on its rights and did not seek its domain name for ten years and our client was entitled to sell it.
- Our client wanted a domain name, the contact information was outdated on the registration, and with that information we structured a strategy to gain possession of the name for him.
- A competitor secured a domain name in the name of our client's business, and used it in a high speed redirect to direct traffic searching for our client's business to its own website.
- High volume cybersquatters were using our client's business name to present Adsense ads through Google for related, but not competing, products.
- Our client held domain names protected by trademark in foreign countries, but not protected in the US, and a major company demanded the delivery of the valuable domain names to it.
- Two suits, one in federal court and one in state court, were filed against our client for cybersquatting. This was his first notice of the claim.
- Our client's name was used by a competitor embedded as only part of its domain name.
- A law firm issued a DMCA takedown notice for copyright infringement based upon our client's ownership of a website it did not own. The lawyers mispelled the domain name.
- A European company demanded that our client, a major domain name owner, transfer a high value and very common, generic, and every day word based upon a trademark registration in Europe.
- A new business owner filed a UDRP arbitration proceeding in an attempt to obtain domain names for which our client had received express permission from the previous owners to use.
- A well financed diet guru attempted to extend his trademark to our client's business and filed a UDRP proceeding in an attempt to obtain several domain names.
- Our reseller client had built up a significant business using the manufacturer's name, and when new owners took over the manufacturer demand was made for the domain name.
- A web developer working with our client real estate agency tried to hijack a valuable domain name by misleading our client into giving up control of the registration.
- A well known retailer initiated a UDRP complaint against our global real estate development client over an art industry domain name housing our client's multi-million dollar art collection.
- Our client bought a valuable domain name, and the "owner" then claimed that it had been stolen from him in an apparent scam to steal our client's money.
- Our online gaming client pursued two competing sites through the UDRP process for using its own name in their domain names to lure traffic away from our client.
- A major office supply company demanded transfer of a domain name being used by our large retail client for the last five years asserting that our client's business had begun competing and causing consumer confusion.
- One of the cities competing for the 2016 Summer Olympic decided it owned the rights to the name of its city and demanded our client transfer the name to the local olympic committee.
- A software company demanded transfer of a domain name in which it held a trademark and our client retained us to negotiate a sale and evaluate the strength of the company's claim.
- Our client's company name was purchased as a .net domain name by its competition and the traffic was being directed to a competing site.
- We were retained to negotiate and close a sale of a high value domain name, including developing strategic and tactical approach.
- A large EU company demanded that our client turn over its domain name for cybersquatting, and we undertook negotiatios for the sale of the name.
- Our client's new competitor chose a confusingly similar name and started sending out emails selling our client's products and services.
- A Fortune 500 business demanded that our client deliver to it domain names containing its name, but the products and services advertised were for licensees of the company and the fair use doctrine may apply.
- An insurance company demanded the transfer of its domain name despite previously authorizing the agent to use it.
- A disgruntled former employee bought up domain names similar to our client and launched an attack website.
- A convicted felon acquired domain names of our client and launched a site claiming ownership of our client's prominent consulting business as an extortion scheme.
- Our domain name client retained us to assist it in acquiring a registrar license.
- An e-retailer sold its domain name and site to a venture backed start-up and we were asked to assist in the domain name and website transfer.
- A former business partner of our client, still in control of our client's business domain name, changed the ownership information of the domain name, and pointed the IP address away from our client's business.
- Our client, a large UK domain name player, received a demand based upon EU law to turn over valuable domain names, although US law supported his right to ownership.
- An online business had close variations of its domain name purchased by a competitor and used to direct traffic to the competing website.
- A professor at a major university retained us to secure domain name rights and ownership of terms he had coined in his scholarly works.
- Through either client or registrar error, our client's extremely valuable domain name was not renewed in a timely manner and was acquired by a large healthcare company.
- Our Russian marketing representative client was tasked with securing the domain names for a new product about to launch in the Far East, and the registrar reversed the registration because of trumped of claims that our client was somehow affiliated with illegal activity.
- Our SEO client had its login stolen by a business and a valuable domain name taken.
- A high volume owner is seeking to monetize its domain name inventory and needed legal clearance on scope and extent of permissible use.
- The beneficiaries of an estate needed help in recovering extremely valuable domain names stolen from the decedent's account in the days following his death.
- A major casino claimed rightful ownership of a domain name owned by our client that included the casino name.
- A valuable domain name had been taken from a registrar account, transferred to Europe, and then purchased by an individual in the Middle East.
- Our client needed our assistance in negotiating a domain name sale with a major entertainment company.
- An investment bank retained us to protect itself from domain name cybersquatters in China.
- An increasingly popular retailer needed to acquire its .com domain name from an existing owner.
- Our client in India was sued in the US for cybersquatting based upon activity that occurred prior to its acquisition of the domain name.
- A new business’ .com domain name extension was owned by a competitor and was likely to be used to direct traffic away from our client.
- A domain name owner involved in leasing domain names needed to collect on outstanding sums due under a lease.
- Our client’s valuable domain name was stolen from his account at a registrar and we were hired to get it back.
- A very large domain name holder was sued by a Fortune 500 company because a portfolio of domain names it acquired included the name of the company.
- An ex-partner of our client sued him in California alleging theft of a domain name and related business.
- A small domain name holder acquired domain names for a merging company and the company, post merger, demanded the transfer of the name.
- A domain name registrar hired us to assist them in structuring internal legal procedures in order to comply with the registrar contract and laws.
- A competitor of our client, having passively held a domain name including our client’s name for a long time, started using it actively to advertise its competing services.
- Arbitration was filed against our client alleging he was required to transfer a domain name to the other party in accordance with a previous negotiated settlement agreement.
- A six figure bid, from our client, which was the highest bid, was negated by an auction house when an alleged and unspecified “error” was made in the sale.
- A credit card did not have adequate funds available to pay for the renewal of domain names, and our client initially lost some of its very valuable domain names.
- A major domain name owner was the recipient of a UDRP complaint attempting to obtain a valuable domain name.
- The former web developer for our client purchased domain names containing our client’s registered trademarks and resolved the names to a competing website.
- Popular social networking sites need to avoid any problems with their domain names, so when an important domain name stopped resolving to the social network site we were hired to fix the problem.
- Our large automotive retailer’s web developer absconded with its domain names and tried to hold them hostage and extort money from our client.
Think about it. We are domain name attorneys. We are litigators. As domain name attorneys and internet lawyers, we sue people. We defend people as a domain name attorney. The Internet is all we do. So, when you get a letter from us and visit our website, what impression is left in your mind? Is our client serious? That gets results, without having to file domain name dispute lawsuits and arbitration actions all the time. Do you want a top rated, pre-eminent domain name attorney backed by a team of seasoned domain name attorneys on your case? Do you need a domain attorney who is a specialist in the law of the web? We are here if you are interested in getting a domain name and want to do it as efficiently as possible, and we are here when you want to hold onto a domain name, work out a purchase or sale, or put together an overall strategy to avoid domain name theft and domain disputes.
Domain name attorneys & domain name attorney.
We offer free consultations to qualified clients. Just go to our contact page for more information.
Domain Name Attorney Suit Summary
Set forth below is one of our summaries of a United States District Court federal lawsuit. If you are interested in reading about other lawsuits, in the order of most recent Federal Court filings first, you will find a link just below the case. Please understand that all facts, as well as references to the basis of the lawsuit, are our summarization of the allegations made by the party bringing the lawsuit. The facts may prove to be true or not true, and the plaintiff may or may not win the case. The bolded comments are Mr. Dozier's thoughts about the suit. Pay particular attention to the alleged conduct or practice that has resulted in the litigation. For a small business, litigation is expensive. As a domain name attorney law firm, we are hired to file and defend suits nationwide, and we can also assist you in minimizing your risk in advance.
WINONA HOMES INC. v. ELLEFSON BUILDERS, INC.
DISTRICT OF MINNESOTA (DMN)
0:08-CV-00539
FILED: 02/26/2008
Winona is the name of a city or town. Proving trademark rights in the "Winona Homes" name is going to be very difficult. There is one interesting point in this lawsuit, however. The assertion that the owner of a domain name quoted a sales price is not really relevant. It is important only to show bad faith once you prove you have trademark rights. But, contrary to the way this issue is often handled in a lawsuit, there is nothing wrong with domain name owners offering to sell the name they own for any price they want. Think of domain names as real estate, and unless you have a legitimate claim to that plot of land, you can't expect the owner to just sign the deed over to you. Domain names are the real estate of the online world.
Plaintiff, a Minnesota corporation, sells and markets manufactured and modular homes and related products and services. It has operated a website at www.winonahomesinc.com since at least 2002. Plaintiff has used the trade name and trademark "WINONA MODULAR HOMES" since 1976 and the trade name and trademark "WINONA HOMES" since 1990. Defendant, a Minnesota corporation, is a competitor of Plaintiff and registered the domain names www.homeswinona.com and www.homesforwinona.com in 2006 and 2008 respectively. Defendant uses these two domain names to advertise its homes and home construction services, and it promotes these domain names on signs and in radio advertisements. In response to Plaintiff's cease and desist letter, Defendant denied committing trademark infringement and cybersquatting but offered to sell the domain names to Plaintiff for $15,000.
Plaintiff filed a lawsuit against Defendant in federal court in Minnesota. Plaintiff alleges cybersquatting, federal unfair competition, deceptive trade practices under state law, unlawful trade practices under state law, common law trademark infringement, and common law unfair competition. Plaintiff requests that Defendant's domain names be transferred to Plaintiff and that Defendant be prohibited from using Plaintiff's trademarks, trade names, and/or any confusingly similar names for any purpose. Plaintiff also asks the Court to order Defendant to recall all marketing and advertising materials that use "WINONA HOMES" or any confusingly similar mask, and that Defendant turn over to Plaintiff all materials in its possession using Plaintiff's marks. Additionally, Plaintiff requests damages, costs, and attorneys' fees. Dozier Internet Law Cross-Reference Number 1062.
Want to see the latest court filings with Mr. Dozier's take on the cases? Visit the Dozier Federal Court Report section dedicated to domain name lawsuits: Domain Name Dispute Case Notes. And, if you would like to browse trademark infringement, copyright infringement, and trade secret lawsuits, and get a good idea of who is getting sued for what, you can go to the Dozier Federal Court Report Portal.
|
 |
| "Thank goodness for John and his team. With their trial
record, technology expertise, and legal and business perspective,
they have been a godsend...."
Internet Content Company CEO. |
|
|