Octopus.com

[draggar]

The domain wasn't infringing on their mark, yes, "octopus" is a generic term but the content (title) and ads were infringing on their mark.

Look at what Oracle did earlier with Oracle.info - they knew they didn't have a chance with a lawsuit since the previous owner used it for the generic meaning.

The owner was stupid. She falsified the WhoIs information (against ICANN policies - if you want to "protect" your identity, use WhoIs privacy). She used to work for them (so she knows who they are) and then acquired the name and offered it to them for $500K to $1M. She also had travel related ads on the site. She also tried to transfer the name away from an Australian registrar to hide / keep the domain AFTER she received the C&D.

Honestly, if she was smarter and more careful she would have gotten a ruling of reverse hijacking.

 

[axeman]

The evidence of this stupidity is still on display for all to see. Even with bias as a domain owner and fellow Australian i have no sympathy whatsoever for the respondent, even the wording is quite obvious as toa ttract a favourable search engine results and ads for travel.

Octopus - travel methods and great deal of other information.

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• BookIt.com Official Site Flights, Hotels & Vacation Packages Last Minute Offers, Book Today! www.BookIt.com
  

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[Onward]

Was point 2 not referring to a previous ruling?

No

 

[Dave Zan]

I do not understand why someone, rather than respond to a WIPO or UDRP, simply files a counter-suit in an actual court of law.

Why waste time fighting this to a panelists of nitwits, paying legal fees to represent you, losing a case, and then paying more to appeal it. No matter what, even if you have to respond to a WIPO, file a claim in your own court system.

I say go to a local attorney and file an action within your jurisdiction for attempting to defraud or attempted theft of intellectual property. This will force the complainant to respond to an actual legal court of law and PROVE they have the rights. No matter what the outcome of the WIPO or URDP, you have upped the stakes.

A possible answer to that:

http://www.dnforum.com/f26/udrp-mutual-jurisdiction-thread-453717.html

Unless Dotster has an office in the registrant's jurisdiction, or the complainant
chose that in this UDRP, they don't really have to obey any court order issued
outside of where Dotster's domiciled at.