Currently browsing the

Internet Domain Attorney

Category.

Describe your situation:

Click to Contact a Cybersquatting Attorney Now.


2013.07.11

UDRP Involving Web Developer Dispute

The National Arbitration Forum recently issued a decision on June 24th, 2013 that involved what we have seen to be a fairly regular factual dispute. In particular, the complainant had retained a web developer to create its website. When the complainant failed to pay the web developer, the web developer changed the website available at the domain name. In particular, the web developer made the webpage resolve to content that stated that the website was paused for non-payment of an overdue invoice, and that invoice amount was for $1500. Interestingly, the complainant had transferred the domain name to the web developer as part of the project. As is not uncommon, the complainant simply did not know that it should not retain registration of the domain name for reasons like this. The UDRP (Uniform Domain-Name Dispute-Resolution Policy) panelist determined that the respondent's request for the domain name and use to display that there was an overdue payment, amounted to a bad faith registration and bad faith use, as is required under the UDRP. Therefore, the UDRP panelists decided in favor of the complainant and ordered transfer of the domain name, namely AlaskaHealthFair.org. 


This decision may come as a surprise to some, in light of the fact that it is a fact pattern that is not necessarily limited to traditional cybersquatting. Instead, it involves contractual issues, namely the breach of contract to pay a web developer. However, this UDRP decision may be used as precedent in the future to resolve domain name disputes that involve factual scenarios similar to this. Nevertheless, a domain name attorney will be in the best position to analyze particular facts and determine whether or not the UDRP is the best course of action.

2012.07.02

South African Man Wins Domain Name Dispute Over Generic Two Letter Domain Name

Traverse Legal domain name dispute and website attorneys helped the website owner/registrant of the disputed domain name, va.co.za, to win a domain name dispute on appeal in a South African court. After initially suffering an adverse decision by the Adjudicator, the website owner prevailed on appeal and was able to retain possession of the disputed website. The Appeal Panel found that although a two letter generic domain name is possibly trademarkable, the complainant (owner of the device mark containing “V&A”) in this case failed to provide sufficient evidence to prevail on its trademark infringement and common law claims.

The V&A Waterfront filed the complaint with the South African Institute of Intellectual Property Law (“SAIIPL”). At the lower court level, a SAIIPL court Adjudicator rendered his decision in favor of V&A Waterfront on April 12, 2012. However, registrant/owner of the va.co.za website, Mr. Brandon Davids, appealed the SAIIPL Adjudicator's decision. Following Davids' appeal, on June 22, 2012 an Appeal Panel for the SAIIPL appellate court reversed the Adjudicator's decision and this time ruled in favor of Davids.

The complainant, V&A Waterfront, is the owner of the South African destination hotspot known as V&A Waterfront property, located in Cape Town, Western Cape, South Africa. Along with being voted South Africa's number one tourist destination, V&A Waterfront boasts more than 20 million annual visitors and during the 2010 Soccer World cup alone it hosted more than 3 million visitors.

Continue reading South African Man Wins Domain Name Dispute Over Generic Two Letter Domain Name >>
Official Trademark Clearinghouse Agent

Cybersquatting Law Blog Homepage: Cybersquatting & Domain Dispute Lawyer Attorney Law Firm

The Anticybersquatting Consumer Protection Act

Reverse Domain Name Hijacking

  • Reverse Domain Name Hijacking
    Reverse domain name hijacking occurs when a trademark owner files a UDRP arbitration against a domain name owner on frivolous claims of trademark infringement. Domain name Hijacking is real. Find out how to protect your domain names.

Domain Theft & Stolen Domain Name Help

  • Domain Theft & Stolen Domain Name Help
    We often hear "someone stole my domain name." A domain name theft attorney can help you recover a stolen domain whether the thief is an employee, business partner, web developer, web hosting company or third party.

ARCHIVES

Domain attorney recommended by Domaining.com
© 2011 Traverse Legal, PLC. All Rights Reserved.
Traverse Legal on LinkedInTraverse Legal on FacebookTraverse Legal on Twitter
Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan