Well that was a fun read!.
A-holes like that should be forced to pay the other side's attorney's fees. Pure moronic...
Also a good educational read for TM's as they apply to use in DN's..
Thanks for the link, Dave!.
You're very much welcome, guys. Glad you enjoyed it!..
Are there any penalties for Reverse Hijacking? Do they limit your rights to file future UDRPs or something to that nature?..
They own the mark "DOWNUNDER"?!.
Does this mean I can't go to Canada and yell "DOWNUNDER" without paying a royalty?..
Such a ruling, while not legaly of effect in and of itself in most courts, can be brought as evidence in some jurisdictions, should you sue the individual or company that tried to take the name away from you for your time involved in the case, or other such damages. As in the US (Anticybersquatting Consumer Protection Act), which allows you to sue for lost time, attorney fees, and other expenses incurred while the domain was taken out of your 100% control during the time of the UDRP case. In addition, while nothing in the ICANN rules state that it takes away rights to file future claims, the panels are more than free to take notice of the fact that you have been found guilty of reverse hijacking before. Not to forget, being found guilty of reverse hijacking also gets you put on the Most Wanted Fugitives List of the IDOP (International Domain Owners Police - commonly known as NamePros) You stay on this Most Wanted list for life..
I think this is a good read for newer members or people who are looking for information on TM law, because it demonstrates that there are various forms of TMs. Like it mentioned, there are TMs where only a specific drawing or image is TMed and does not garuantee exclusivity of the terms contained within that TM. I am sure there are some books that go over the fundamentals of intellectual property and the basic structure of TM law in layman's terms for anyone looking for further information. Alot of it is just common sense though. I've got a pretty good grasp on it and I've never read any books, just used some common sense and noted the different descriptions of TM types within the TM database.
This case definitely shows that it's extremely difficult to claim exclusive right to a term that is widely used and generic in nature. That's why it is always best to register generic domain names and not take the chance of infringing on someone else's established TM. But this doesn't always happen, especially in cases where popular products are released. I.e. Ipod, Wii, etc.....