legal Rick Schwartz loses DomainKing.biz UDRP

[Arpit131]

Rick Schwartz has lost a UDRP he filed against the owner of DomainKing.biz.

Schwartz, who is known as the “Domain King” in domainer circles, filed the UDRP against a registrar operating as DomainKing in India, Nigeria, South Africa, Philippines and Kenya.

Hannu Internet Corp claims to have 11,000 clients in these countries.

Panelist Matthew Harris determined that Schwartz did not prove the domain was registered and used in bad faith. He wrote:


"…there is insufficient evidence before the Panel for it to conclude that the Respondent was at that time aware that either Mr. Schwartz or the Complainant were using that term in a trade mark sense.

…Further, even if the Complainant was able to demonstrate that the Respondent most likely knew that the term “Domain King” was being used in a trade mark sense, that would not be the end of the matter. The question would still remain whether the Domain Name was registered to take some unfair advantage of the Complainant’s use of this term.

In this case the Panel has reached the conclusion that the Complainant has failed to demonstrate that it was with such potential advantage in mind that the Domain Name was registered. The Panel accepts that the term “Domain King”, although not necessarily a “natural” combination of words, is not itself an entirely unnatural name for the Respondent to have chosen for a domain registration and webhosting business and the Panel accepts that it at least plausible that this name was chosen because of its potential descriptive associations with that business, rather than the name’s possible association with Mr. Schwatz or the Complainant."


Source

What do you think about the decision and why??

I personally think it was right. The terms 'Domain' and 'King' are both generic.

 

[Soofi]

I believe this sets a precedent on how such cases should be seen in near future?

 

[DNScholar]

As expected because "Domain King" is not worldwide TM.

 

[-EM-]

Now that's a big slap on Schwartz face.
I agree with it too.

 

[Soofi]

No offence to Rick, though you just cant go out claiming a US trademark in every other country where you probably dont (read: barely) exist.

 

[ZapNano]

One person VS more than one country uses the name. Making it more difficult to get all the info needed from each country; too far away. On the positive side, this is good. Because this result, can be a based guidance towards similar issue in the futures.

"DomainKing.com" VS "DomainKing.biz" ?
Showed the same secondary domain name, with a different extension.

 

[ZapNano]

I believe this sets a precedent on how such cases should be seen in near future?

In my opinion, this result is very important; it kinds of bring a light towards trademark issues. And how trademarkname disputes should be determined.

The negative side is that Rick has lost the case.
The positive side, is that Rick case has open the door for the trademarkname situation. So thanks to Rick S.

 

[DomainVP]

I think Rick will be okay.

$$

 

[ben pedri]

The only reason he went after them is because they were making big money if it was a kid with domainking.candycane or whatever do you think he would spend 2 grand to get his case going. Please sell all your domains and buy a country and we will call you KingRicharddotcom.com

 

[GBA]

"…there is insufficient evidence before the Panel for it to conclude that the Respondent was at that time aware that either Mr. Schwartz or the Complainant were using that term in a trade mark sense.

To me, this makes biggest sense. If they registered and used DomainKing.biz today, they might lose the trial against Schwartz, as I understand.

 

[ZapNano]

Domainking.biz was registered 2011?
Domainking.com was registered 1997?

Domainking.com was it trademark?

If it was trademarked, did Domainking.com was put to work or used for any kind of products brand name or services? If so, a trademarkname or brand must be used solidly and frequently?

Trademarkname that is only used for tracffics and PCP revenue; kind of hard situation.

 

[jmcc]

I personally think it was right. The terms 'Domain' and 'King' are both generic.

Perhaps you should read a bit more about trademarks and Intellectual Property rights.

https://en.wikipedia.org/wiki/Trademark

The panel ruled that the domain was not registered in bad faith. That's where Rick's case failed. A trademark, it seems, will only get one so far in these proceedings.

Regards...jmcc

 

[DOMAIN ILLUMINATI]

It's hard to believe that Mr. Schwartz is focused to get this and other TLD versio/n of 'domainking' while he does not own domainking.top which makes without any doubt the absolute most sense because it simply states what no other TLD can ever state:

The highest status.

And that's clearly what someone wants to show at the end by registering a TM like 'domainking'.
So any other version than .top is complete insignificant in this context.

 

[domeen]

It's hard to believe that Mr. Schwartz is focused to get this and other TLD versio/n of 'domainking' while he does not own domainking.top which makes without any doubt the absolute most sense because it simply states what no other TLD can ever state:

The highest status.

And that's clearly what someone wants to show at the end by registering a TM like 'domainking'.
So any other version than .top is complete insignificant in this context.

my God
he even dosen`t own the .net wich is for sale for $1500

 

[techname]

This decision doesn't prevent him from filing for trademark infringement, provided he has registered the TM in those jurisdictions.

 

[DOMAIN ILLUMINATI]

This decision doesn't prevent him from filing for trademark infringement, provided he has registered the TM in those jurisdictions.

...and for those countries.

 

[DOMAIN ILLUMINATI]

...
he even dosen`t own the .net wich is for sale for $1500

If it is just offered for sale and not used, than probably he isn't interested in it, I don't know.
I think primarily he doesn't want his TM used for domaining related activities by others.

I am assuming before he will own the .net version he will own the .top version.
Just because a 'domainking' has to be 'on top of the net'

 

[TRY]

I love burgers so much my friends refer to me as the burger king! Just found out some food establishment ive never heard of owns burgerKing.com. I spent my lifetime eating burgers to earn the right to the name.
Should I should file a udrp against them?

 

[ZapNano]

I think if he was a celebrity, it would have been a different story? I sent him a domain question and he responded it; he is a nice guy.

 

[frank-germany]

I can't see Mr Schwartz owing any rights to the domain .biz

 

[Highestlevel]

I like Rick a lot but it's all a bit odd when you've spent all those years claiming dot com is god and people will come begging to you for them to then chase after a .biz like it's a massive financial or trademark blow to a domain king empire, it just sounds like ego or Rick getting bored to me

 

[Kingslayer]

 

[HeyNow]

Rick Schwartz has lost a UDRP he filed against the owner of DomainKing.biz.

That's great news! A well-deserved loss. Perfect. This is the guy that once told me how wonderful Adam Dicker is for the industry. Glad to see excessive arrogance taken down a notch or two.

 

[DnEbook]

So my post gets deleted but we can have photos of balloons ??????? Truly Mods what is wrong with you?

 

[timestamp]

I wonder will he put this case on his website hallofshame.com and label himself 'reverse domain name hijacker' and put photo of himself labeled 'Guilty'.
What a scumbag.