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National Arbitration Forum Issues Three Decisions on Internet Domain Name Disputes |
MINNEAPOLIS, May 23 /PRNewswire/ -- http://www.domain-disputes.com --
The National Arbitration Forum recently issued decisions on three separate
domain name disputes filed by Disney, Jimmy Buffett and Angels Baseball.
"We continue to see a trend towards filing complaints under the UDRP,
rather than lawsuits, for these Internet conflicts," said Kristine Dorrain,
Internet Legal Counsel of the National Arbitration Forum. "We're on the way
to surpassing last year's record-breaking domain name filings." In 2006,
the National Arbitration Forum saw its largest filing year ever, marking a
21% increase over 2005.
The following decision was made in accordance with the Uniform
Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation
for Assigned Names and Numbers (ICANN) by independent and neutral
arbitrators on the National Arbitration Forum's panel.
JimmyBuffettUniversity.com
On February 22, 2007, Margaritaville Enterprises, LLC, controlled by
popular singer Jimmy Buffett, submitted a complaint electronically with the
National Arbitration Forum asserting legal rights to the domain names
BuffettUniversity.com, JBuffett.com, JimmyBuffettUniversity.com and
UniversityOfBuffett.com.
The panel concluded that the Jimmy Buffett-themed domain names were
identical or confusingly similar to the registered trademark Jimmy Buffett.
Furthermore, the respondent and registered owner Whapp Innovations, Inc.
was using the domain names to operate pay-per-click websites and thusly for
commercial gain. It was clear to the panel that the respondent had no
rights or legitimate interests in the domain names and had registered and
used them in bad faith. On April 2, 2007, the panel found that the
complainant had established all three elements required under the ICANN
Policy and had defended successfully its trademark in domain name dispute
resolution. The four domain names were ordered to be transferred to Jimmy
Buffett.
Hideeho!
Jerry
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