freebie.com - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**GeorgeK** · 03-06-2003, 02:34 PM

From BNA's Internet Law News (free subscription at http://ecommercecenter.bna.com/ ):

"Thanks to an ILN reader for reporting that a federal court
judge in Virginia has overturned an NAF ICANN UDRP decision
that ordered the transfer of the freebie.com domain. The
judge ruled that panelist Carolyn Marks Johnson incorrectly
found that the domain name holder sought to divert users
from the trademark holder that contested the domain name
registration. Rather, there was no evidence of any customer
confusion or support for a bad faith finding. Case name is
Retail Services Inc. v. Freebies Publishing."

Doesn't surprise me, after having read some of the cases in which Carolyn Marks Johnson has been a panelist.

**jberryhill** · 03-06-2003, 02:55 PM

It's better than just a "win". The judge also ordered the trademark registration to be cancelled.

**DNQuest.com** · 03-06-2003, 05:31 PM

The little guys are striking back little by little..

Drewbert · 03-06-2003, 06:42 PM

Where's that dancing banana avatar when you need it?

That is EXCELLENT news.

I hope the NAF cases currently being decided take note. :^)

**jberryhill** · 03-06-2003, 07:10 PM

"The little guys are striking back little by little.."

Yeah, I guess that's how little guys strike back.

**DaddyHalbucks** · 03-06-2003, 10:10 PM

Fan..tastic!

**fizz** · 03-06-2003, 10:19 PM

Sweet as.

**DomainGoon** · 03-07-2003, 06:34 AM

Quote:

Originally posted by jberryhill
It's better than just a "win". The judge also ordered the trademark registration to be cancelled.

This case should be cited by anyone who is being threatened by a person with a weak trademark. Ask the company if they want to go after someone and possibly lose their entire trademark, or leave it alone and not risk losing everything.

03-06-2003, 02:34 PM	#1 (permalink)
GeorgeK TheBest.com Name: George Kirikos Last Online: Today 08:47 AM iTrader: (2) Join Date: May 2002 Posts: 2,206 DNF$: 866 Location: Toronto, Canada Country:	freebie.com From BNA's Internet Law News (free subscription at http://ecommercecenter.bna.com/ ): "Thanks to an ILN reader for reporting that a federal court judge in Virginia has overturned an NAF ICANN UDRP decision that ordered the transfer of the freebie.com domain. The judge ruled that panelist Carolyn Marks Johnson incorrectly found that the domain name holder sought to divert users from the trademark holder that contested the domain name registration. Rather, there was no evidence of any customer confusion or support for a bad faith finding. Case name is Retail Services Inc. v. Freebies Publishing." Doesn't surprise me, after having read some of the cases in which Carolyn Marks Johnson has been a panelist. __________________ George Kirikos Home Page

03-06-2003, 02:55 PM	#2 (permalink)
jberryhill Philadelphia Lawyer Last Online: 09-18-2009 01:17 AM iTrader: (1) Join Date: Oct 2002 Posts: 2,987 DNF$: 6,350	It's better than just a "win". The judge also ordered the trademark registration to be cancelled. __________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly.

03-06-2003, 05:31 PM	#3 (permalink)
DNQuest.com DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002 Posts: 1,100 DNF$: 4,835 Location: Columbia, MD	The little guys are striking back little by little.. __________________ Track emails that you send, PM me to find out how....

03-06-2003, 07:10 PM	#5 (permalink)
jberryhill Philadelphia Lawyer Last Online: 09-18-2009 01:17 AM iTrader: (1) Join Date: Oct 2002 Posts: 2,987 DNF$: 6,350	"The little guys are striking back little by little.." Yeah, I guess that's how little guys strike back. __________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly.

03-06-2003, 10:10 PM	#6 (permalink)
DaddyHalbucks Domain Buyer Name: Hal Last Online: 11-18-2009 11:20 AM iTrader: (57) Join Date: Oct 2002 Posts: 2,730 DNF$: 120,139 Location: Las Vegas, USA Country:	Fan..tastic! __________________ www.ParkingCash.com <==Click here www.RingtoneCash.com <==and here

03-06-2003, 06:42 PM	#4 (permalink)
Drewbert Registered User - Must Upgrade To Post Last Online: 06-17-2003 09:02 PM iTrader: (0) Join Date: May 2002 Posts: 467 DNF$: 986 Location: Mexico	Where's that dancing banana avatar when you need it? That is EXCELLENT news. I hope the NAF cases currently being decided take note. :^)

03-06-2003, 10:19 PM	#7 (permalink)
fizz Gold Lifetime Member Last Online: 08-15-2009 05:44 AM iTrader: (0) Join Date: Jun 2002 Posts: 1,315 DNF$: 440	Sweet as.

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