Tag: DRS

Here are Demys’ top ten favourite excuses in UDRP cases – divided into cases that won and ones that didn’t. And, yes, they are all genuine.

1. armani.com – it’s my name!
G. A. Modefine S.A. v. A.R. Mani

Who’d have thought it? There really is a Mr A. R. Mani – in Finland. Mr Mani wins our number one legit award for the best ever reason for taking on a famous fashion house under the Uniform Domain Name Dispute Resolution Policy (UDRP).

2. sting.com – it’s my nickname!
Gordon Sumner, p/k/a Sting v Michael Urvan

Mr Urvan’s nickname also turns out to be Sting. It’s a common word in the English language and also is found in a large number of US trademarks belonging to diverse organisations. Mr Sumner, the world famous singer therefore lost his challenge.

3. pollyesthers.com – it’s my pet name!
Do The Hustle, LLC v. Tropic Web

The name “Polly Ester” has been in common use in the Newman family for over 25 years. It is a pet name for Christine Newman, bestowed on her by her father, owing to Christine’s fondness for polyester bell-bottom pants. Although Christine’s father has passed away, a Virginia Newman Rickman and Joseph Roy Newman, Jr. could (but did not) testify to this.

4. miguard.com – it’s my dog’s name!
Vanguard Medica Limited v. Theo McCormick

Shortly after announcing the launch of a new product this pharmaceutical company found the relevant domain – miguard.com – had been registered. The reason given by the respondent was that his mixed breed dog was actually called “MiGuard,” apparently a derivative of “My Guard (Dog)” – a result of the dog’s tendency to bark at “any noticeable event within sight or earshot”. This convinced the domain name panellists and he kept the domain.

5. maggi.com – it may be a stock cube to you – but to me…
Societe des Produits Nestle S.A. v. Pro Fiducia Treuhand AG

Nestle wanted the domain name corresponding to their brand of Maggi stock cubes back. In echoes of our number one spot, once again there was a genuine named person, Mr Romeo Maggi, who registered and was allowed to keep his personal domain name.

6. xanax.net – have you met my cat?
Pharmacia & Upjohn Company v. Xanax Advocates

The respondent argued that domain was “named after my beloved cat”, a moggy whose name coincidentally mirrored (even in spelling) the trademark owner’s brand. This failed to convince the panellists and the domain was transferred.

7. damonhill.com – when there isn’t a damon mountain…
Damon Hill Grand Prix Limited v The New Group

The panellist presiding over this case involving the ex-Formula One driver was not impressed with the excuse that there was a “Dam on the Hill” 12km from where the respondent worked and that this was a nice (and genuine) name for his proposed business.

8. Penguin.org – it’s my nickname again…
Penguin Book Limited v. The Katz Family and Anthony Katz

The respondent claimed he had been nicknamed “Penguin” from an early age, the panellist agreed and ruled that the domain should remain with him.

9. Babydior.com – jurassic lark?
Christian Dior Couture SA v Liage International Inc.

“No, not babydior,” claimed the correspondent, “it’s pronounced babydyor – as in ‘baby dinosaur'”. ’nuff said.

10. Club1830.com – no – not half past six…
Thomas Cook Holdings Limited v. Matthew Dinham

The respondent claimed the domain was pronounced “club eighteen hundred and thirty” and was to be a focal point for celebrating the Wild West in the critical year 1830 – the resemblance to the well-known package holidays business was purely coincidental. The domain was transferred.