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  #1 (permalink)  
Old 11th February 2011, 05:34 AM
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اپسون.com UDRP

اپسون.com

xn--mgby9ch2y.com

TRANSFERRED

http://www.wipo.int/amc/en/domains/s...ase=D2010-2037

Note that the complainant doesn't have a trademark for "اپسون"

They simply submitted an afadavit stating that "اپسون" is a transliteration for their English ASCII trademark, and that was good enough for the panel.
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Old 11th February 2011, 06:05 AM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Drewbert View Post
اپسون.com

xn--mgby9ch2y.com

TRANSFERRED

http://www.wipo.int/amc/en/domains/s...ase=D2010-2037

Note that the complainant doesn't have a trademark for "اپسون"

They simply submitted an afadavit stating that "اپسون" is a transliteration for their English ASCII trademark, and that was good enough for the panel.
Seems to me that fair process was carried out.

I personally would have made a similar ruling.
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Old 11th February 2011, 11:55 AM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Drewbert View Post
Note that the complainant doesn't have a trademark for "اپسون"

They simply submitted an afadavit stating that "اپسون" is a transliteration for their English ASCII trademark, and that was good enough for the panel.
Still obvious infringement if you ask me.
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Old 11th February 2011, 03:28 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by bumblebee man View Post
Still obvious infringement if you ask me.
seems that way to me as well. I was a little surprised they went after a Farsi name. Maybe I shouldn't have let some of my Farsi names drop now hmmm
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Old 11th February 2011, 06:32 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Rubber Duck View Post
Seems to me that fair process was carried out.

I personally would have made a similar ruling.
So someone who gets a TM for a word in ASCII automatically gets protection for all global transliterations?

Dangerous precedence there, Duck.

But I'm sure the Castello brothers are rubbing their hands with glee, because they know the ultimate destination of such an idea.
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Old 11th February 2011, 06:47 PM
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Re: اپسون.com UDRP

Isn't the point it wasn't generic? Epson right?
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Old 11th February 2011, 06:51 PM
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Re: اپسون.com UDRP

No the point is Epson didn't make the effort to TM the transliteration.

If they automatically get protection for theirs, then so do United, Tide, Apple and Zurich.

That's a slippery slope.
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Old 11th February 2011, 07:00 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Drewbert View Post
No the point is Epson didn't make the effort to TM the transliteration.

If they automatically get protection for theirs, then so do United, Tide, Apple and Zurich.

That's a slippery slope.
No because, the difference is that they could meet all three criteria to any reasonable persons satisfaction. None of the above could do that.
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Old 11th February 2011, 07:02 PM
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Re: اپسون.com UDRP

What about the cases where there are multiple trademarks in different countries for the same terms? And yes I'm talking true generics. Who owns those translations then?

You could be hit with a lawsuit after lawsuit from a company from Russia, then a company in the US, then Germany, and on, and on, and by the time you're done fighting those. Your bank account is toast and so are your names.

This doesn't sound good to me.
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Old 11th February 2011, 07:17 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by sarcle View Post
What about the cases where there are multiple trademarks in different countries for the same terms? And yes I'm talking true generics. Who owns those translations then?

You could be hit with a lawsuit after lawsuit from a company from Russia, then a company in the US, then Germany, and on, and on, and by the time you're done fighting those. Your bank account is toast and so are your names.

This doesn't sound good to me.
That was always the case. Nothing has changed. Legally you have the upper hand but in the US things usually go to big money. That is US democracy for you.
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Old 11th February 2011, 07:47 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Drewbert View Post
No the point is Epson didn't make the effort to TM the transliteration.
That was my concern in this situation... Makes you wonder :-/.
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Old 11th February 2011, 08:17 PM
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Re: اپسون.com UDRP

use of the disputed domain name by the Respondent to point to a website where the Respondent offers for sale competing products of those of the Complainant’s, and advertising products of the Complainant’s without a license or a permit from the Complainant, diverts business from the Complainant’s official website, and does cause confusion on part of Internet users as to the source of the products offered for sale on its website, and its association with the Complainant. The fact that disputed domain name is registered in the Farsi language may suggest to the Internet users that the Respondent is the authorized dealer of the Complainant in the Persian market, which is not the case.

The guy is selling EPSON on his website without a license. What did you all expect?

if you have Аппл.com better not sell Macbooks on it.

Last edited by DktoInc; 11th February 2011 at 08:23 PM..
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Old 11th February 2011, 10:30 PM
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Re: اپسون.com UDRP

There are plenty of examples of respondents selling complainants goods on a website with the TM in the domain, and winning the UDRP and keeping the name.

But it shouldn't have even got to that argument. The complainant should have been stopped at the outset by the UDRP provider with "show me the TM".
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Old 12th February 2011, 12:57 AM
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Re: اپسون.com UDRP

Quote:
Originally Posted by DktoInc View Post
if you have Аппл.com better not sell Macbooks on it.
Better not park it.
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Old 12th February 2011, 01:12 AM
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Re: اپسون.com UDRP

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Originally Posted by bumblebee man View Post
Better not park it.
Better not have it.
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Old 12th February 2011, 10:08 AM
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Re: اپسون.com UDRP

Quote:
Originally Posted by bumblebee man View Post
Better not park it.
I think that is wrong provided you can prove that your targeted keyword is Generic. I did this with Cunard.
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Old 12th February 2011, 10:09 AM
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Re: اپسون.com UDRP

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Originally Posted by DktoInc View Post
Better not have it.
Do you work for Apple?

Just more evidence that all IP rights belong to Americans.
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Old 12th February 2011, 07:08 PM
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Re: اپسون.com UDRP

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Originally Posted by Rubber Duck View Post
Just more evidence that all IP rights belong to Americans.
Well, Al Gore did invent the Internet. At least that's what I was told.
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Old 12th February 2011, 07:21 PM
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Re: اپسون.com UDRP

Quote:
Originally Posted by Rubber Duck View Post
Do you work for Apple?

Just more evidence that all IP rights belong to Americans.
Listen, if you want it that much it is still available to reg. Take it before our member "horiotab" takes it, cause he knows what a good Hindi domain looks like.

Last edited by DktoInc; 12th February 2011 at 07:24 PM..
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Old 13th February 2011, 09:13 AM
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Re: اپسون.com UDRP

Ah, from what I have heard the hottest term for domainers as of now is Legionella.
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