Schilling and Berryhill Win Another UDRP

[companyone]

Hi,

Another "win" for the "Good Guys"

Schilling and Berryhill Win Another UDRP
Friday, October 10th, 2008

Frank Schilling, with help of John Berryhill, successfully defend domain name.

Frank Schilling’s Name Administration has won an arbitration case brought by a trampoline company. Domain name attorney John Berryhill represented Schilling.

NAOP, LLC, which apparently manufactures trampolines under the JUMPRO brand, filed for arbitration. I can find little information about the company, and jumpro.com is in use by a company unrelated to the trampoline manufacturer.

The panel decided that the NAOP did not prove it had rights in the mark at the time the domain name was registered. It further said that there was no evidence of bad faith since Schilling could not have known about the trademark when he registered the domain. The trademark was not approved until 2006, a couple years after the domain was registered.

Berryhill requested a finding of reverse domain name hijacking, but the panel declined and explained, “Given the virtual identity between the JUMPRO mark and the domain name, the Panel accepts that Complainant honestly believed its rights were being infringed.”

Schilling is known for owning a large portfolio of non-infringing generic domain names. This is the fourth UDRP at National Arbitration Forum that Name Administration has one this year. Previous wins include Timpano.com, xoft.com, and FoodEmporium.com. Source: Domain Name Wire


____

Best,
Dan

 

[Gerry]

Little confuse here.

What was the domain in question?

I would assume it would be JumpPro.com but there is the confusion when I read;

"I can find little information about the company, and jumpro.com is in use by a company unrelated to the trampoline manufacturer."

Is the "by a company" Frank's enterprise?

 

[Deleted member 5660]

if you click to the decion you can see the domain name is jumppro.com.

 

[impactadmin]

Very interesting.

Domainers succeed again

 

[james2002]

So timeline is important.

 

[Focus]

Wonder if it matters who owns the domain

 

[Sonny Banks]

Congrats Schilling and Berryhill.

 

[Raider]

If it's found to be a case of reverse hijacking, is the complainant obligated to pay Attorney fees?

 

[fab]

If it's found to be a case of reverse hijacking, is the complainant obligated to pay Attorney fees?

In UDRP cases no. There are no penalties or fines, only domain name decisions. In standard court yes, depending upon the verdict.