recovering stolen names via WIPO - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**draqon** · 01-23-2003, 06:31 PM

hi,

i was hoping that the lawyers or knowledgable parties on the forum could help me with a quick legal question. Is the use of WIPO an effective or reliable method to recover domains that were fraudulently stolen? For example, if i own xyz.com, and someone steals it, can I WIPO them and argue bad faith?

I think Mr. Berryhill cited this decision below, but Im not sure if it is just an anomaly or typical of WIPO decisions.

http://www.disputes.org/eresolution/decisions/0343.htm

**jberryhill** · 01-23-2003, 06:51 PM

It is an anomaly. If you did not have a trademark, then by the terms of the UDRP, you should not win.

(and please apply the usual dnforum disclaimer that I said "trademark", not "registered trademark" - registration is NOT necessary to have a trademark)

**pljones** · 01-24-2003, 09:19 AM

If your domain name isn't identical to a famous mark, the best suggestion in a case like this is to follow the Sex.com case and take the action to federal court. If you file an in personam case, you can get statutory damages and attorneys fees.

01-23-2003, 06:31 PM	#1 (permalink)
draqon Platinum Lifetime Member Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002 Posts: 1,140 DNF$: 3,049 Location: Wisconsin	recovering stolen names via WIPO hi, i was hoping that the lawyers or knowledgable parties on the forum could help me with a quick legal question. Is the use of WIPO an effective or reliable method to recover domains that were fraudulently stolen? For example, if i own xyz.com, and someone steals it, can I WIPO them and argue bad faith? I think Mr. Berryhill cited this decision below, but Im not sure if it is just an anomaly or typical of WIPO decisions. http://www.disputes.org/eresolution/decisions/0343.htm

01-23-2003, 06:51 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 is an anomaly. If you did not have a trademark, then by the terms of the UDRP, you should not win. (and please apply the usual dnforum disclaimer that I said "trademark", not "registered trademark" - registration is NOT necessary to have a trademark) __________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

01-24-2003, 09:19 AM	#3 (permalink)
pljones Gold Lifetime Member Last Online: 02-11-2004 01:21 PM iTrader: (0) Join Date: Nov 2002 Posts: 170 DNF$: 242	If your domain name isn't identical to a famous mark, the best suggestion in a case like this is to follow the Sex.com case and take the action to federal court. If you file an in personam case, you can get statutory damages and attorneys fees.

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)