Congratulations to you both!!!
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I was just informed by my domain lawyer Zak Muscovitch of a great victory! See the link below. I am always in awe at Zak's ability to represent domainers. He's a great lawyer, his personal address is muscovitch.com for those who ever need help.
http://domains.adrforum.com/domains/...ons/817093.htm
Last edited by TheLegendaryJP; 11-28-2006 at 03:32 PM.
Congratulations to you both!!!
Yes, good case and outcome. Congratulations.
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I'd like to add a few additional words about Zak Muscovitch, the attorney who represented the respondent in that proceeding.
I have relied exclusively on Zak for any referral requiring a Canadian IP attorney familiar with domain names for several years.
Among Zak's many landmark accomplishments, and the one I consider most impressive, was an action he brought against the Canadian brewer Molson, after a .biz STOP decision ordered transfer of the domain name canadian.biz in connection with Molson's "Canadian" mark for beer.
For those not familiar with the issue, Molson is to Canada what Anheuiser-Busch is to the US. They are the largest Canadian beer brewery. One of their brands of beer is, in fact, "CANADIAN".
Even though it is a highly descriptive word referring to anything else in Canada, Zak's determination to go to bat against that giant company in a Canadian court was a gutsy move, and the court essentially laughed Molson out of the ballpark on preliminary motions.
I have referred two Canadian litigation matters to Zak, and he obtained respectively a favorable judgment and a favorable settlement. One of the matters involved a hi-jacked name recovery, and the other involved a seller who re-neged on a sales contract.
Bear in mind that all of your Tucows domain registration contracts specify that any legal disputes are to be brought in Ontario where Tucows is located, and that's where Zak is.
I receive no compensation, inducement, or other benefit for recommending Zak Muscovitch. I genuinely believe he is a great attorney in this area.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
John, remind me next time to call you after midnight; because you are truly a night-owl![]()
Pardon my ignorance in regards to this, and I am sorry for interrupting this thread, but I am wondering what the ramifications are if a complaintant is found "guilty" of reverse hijacking.
Thanks!
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Congrats
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I am eternally grateful to John for directing me to Zak earlier this year. If not for their friendship I may not have prevailed.
I receive no compensation, inducement, or other benefit for recommending John Berryhill. I genuinely believe he is a great attorney in this area.
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