.tv Speed.TV dispute, Domain goes to Complainant

[RJ]

Speed Channel, Inc. v. This Domain Is Not For Sale and Louis Filipescu

Complainant, Speed Channel, Inc., brought this action against Respondent, This Domain Is Not For Sale and Louis Filipescu, asserting that Respondent’s <speed.tv> domain name was identical to Complainant’s SPEED mark. Respondent registered the disputed domain name on July 15, 2003, and used the domain name to link Internet users to a retail website at <inbox.tv>, offering antique replicas and other curios with no connection to Complainant’s business. Complainant did not hold a registration for the SPEED mark, but the Panel found that Complainant had developed common law rights in the mark. The Panel ordered the disputed domain name transferred to Complainant. Speed Channel, Inc. v. This Domain Is Not For Sale, FA 566696 (Nat. Arb. Forum Nov. 28, 2005).

 

[Badger]

i read about that RJ, another bizarre decision

 

[-db-]

The original owner held the name for over 2 years. His site and products had no connection with the complainant. The complainant did not have a registered trademark for the term.

Yet the original owner loses the name?

 

[RJ]

Here's the text of the decision. I meant to post it,
http://www.arb-forum.com/domains/decisions/566696.htm

 

[RegFee]

I own WeeklyMagazine Dot Us ... Does that mean Us Week,ly can just take it from me since "US" is in their name?

I wonder if PBS is going to go after Public.tv or if The history channel will go after History.TV

Strange Decision...

 

[DNWizardX9]

Horrible decision LOL

 

[TLDnetworks]

i read about that RJ, another bizarre decision

Bizarre, maybe, Dangerous - Definitely! This could start the snowball rolling, because now any new suit brought has precedence.

Courious, the complaint was filed September 28, 2005, the domain was registerd July 15, 2003, and the TV Registry was active prior to that. Does this mean that the Big Media Co's are just now learning about .TV?

 

[DNWizardX9]

so speed.tv is now some personal blog? wow what a waste of a nice domain: P

 

[TT]

Another decision by a bunch of crackerjacks behind a desk, When will the insanity stop the domain in question reads Speed Tuvala not speed Television

This decision will set an undesired precedence that will be felt throughout the domain world for a long time to come. Basically this decision will grant any television related entity rights to a domain that has .TV as the extension

I would really like to hear Jberryhills stance on this one

 

[Australia]

i guess im stufferd with "discovery.tv"

 

[FedPrimeRate.com]

What A Bunch of BS...

This decision will set an undesired precedence...

Agreed. Sets a very bad precedent. The decision makes no sense to me at all.

Can the original owner appeal the decision?

You know, with decisions like this, none of our names are safe.

AmCy

 

[Australia]

are there any other .tv decisions that you know about? this is a great worry to all of us and we should try to do something, but what?? :td:

 

[TLDnetworks]

Interesting that the same guy owns Spike as well (discussed in a previous thread) and I thought it was Odd to have a Blog located on the .TV site...

Then his INBOX TV company is just a drop shipper site...

 

[RJ]

The Complainant is the company that runs www.speedtv.com. The decision in only a week old so they have not received the domain yet from the original owner.

 

[izo-pod]

Interesting that the same guy owns Spike as well (discussed in a previous thread) and I thought it was Odd to have a Blog located on the .TV site...

Then his INBOX TV company is just a drop shipper site...

I think the "Blog" idea was from his lawyer. If you look at Archive.org and do a search of Speed.TV, it was redirected to his commericial site, Inbox.TV

http://web.archive.org/web/20051208....asp?mscssid=9F31C8AJVWWV8J3PBTEAV511EUCUBS67

 

[equity78]

are there any other .tv decisions that you know about? this is a great worry to all of us and we should try to do something, but what??

I disagree with everyone having to worry if you regged a domain named after a channel maybe I can certainly see Discovery Tv saying Discovery.tv is using their name. ANd the panel looked and felt common law was established which is all that's needed you do not need A Registered trademark and for all those that think you do you are mistaken common law with regards to Trademark was around long before domains.


Respondent’s creation of a weblog at the <speed.tv> domain name is further evidence of bad faith. This weblog was created only after receiving a cease and desist letter, and so skimpy and unmodified as to constitute a mere pretext. Cf. Dinex Group, LLC v. Undici Design, FA 231668 (Nat. Arb. Forum Mar. 24, 2004) (bad faith found where respondent stated he wished to set up a weblog to comment on complainant’s restaurants, but failed to do so for over a year). Respondent’s virtually identical actions in creating a short and similarly-formatted weblog at <spike.tv>, provides further evidence of bad faith. Like Speed Channel, which operates at <speedtv.com>, Spike TV is another cable television service provider, and it operates on the Internet at <spiketv.com>. Respondent’s pattern of similar registrations undermines any credibility in its claim to have merely chosen an ordinary English word with no intent to free ride on the goodwill associated with Complainant’s marks. The weblog’s disclaimer that it is not affiliated with Speed Channel is insufficient to prevent a finding of bad faith. See Computing Tech. Indus. v. Moran, FA 464331 (Nat. Arb. Forum May 31, 2005) (“Respondent’s use of a disclaimer on its website is not enough to negate Respondent’s bad faith registration and use.”).

THis guy also hurt himself with owning SPIKE.tv Sorry but IMO he is nothing but a squatter who knew what he was doing. Does he think spike.tv is not known to stick for people like this I don't understand becuase they are what hurt this industry IMO .

 

[betterdayz4]

Not feeling so great about fit.tv now.

 

[Badger]

Nice post Ray,

Nice to see someone else with an accurate angle as to what really happens in these situations.

And whilst i wholeheartedly disagree with the decision to award the domain to the claimant, despite whatever strong intimations and examples of bad faith the respondent managed to demonstrate, in no way whatsoever should the owners of speedtv.com have any more rights to such a generic term such as "speed" as either you or I.

What happens next, I contact the owners of "ian".com they say they are willing to sell to me and i say that constitutes bad faith and take the name. . . . .

A bizarre decision..

And for all you others posting your worries and concerns in this thread, sleep easy ffs.

Your registration of "house".tv will not be contested by me simply because i own one. This guy lost the domain only it seems because it was shown (as Ray points out) that he has shown a trend of registering names that correspond to a certain specific market.

And, for you Adrian, I would set about developing such a valuable name as "discovery".tv as fast as poss. And distance yourself from any connection with a channel of a similar name..

 

[betterdayz4]

thanks badger any suggestions on how to develop fit.tv into something that isnt about being fit. having just checked its ...tv.com counterpart (which I should have done before I regged it) it looks to have many of the things I wanted to include in mine.. which seems out of the question now.

something about fitness in tuvalu ? a site showing ways of fitting shelves ? how to fit things ? lol :td: :hehe: would I be in trouble if I turned it into a fitness site coming from a different angle ?

 

[.Mike]

thanks badger any suggestions on how to develop fit.tv into something that isnt about being fit. having just checked its ...tv.com counterpart (which I should have done before I regged it) it looks to have many of the things I wanted to include in mine.. which seems out of the question now.

something about fitness in tuvalu ? a site showing ways of fitting shelves ? how to fit things ? lol :td: :hehe: would I be in trouble if I turned it into a fitness site coming from a different angle ?

Hi better,

I am not sure but I think you will probably be ok. The term is so very generic and so widely used with TV already (as in women’s daily shows etc). However, if you are looking for inspiration:

http://www.acronymfinder.com/af-query.asp?String=exact&Acronym=fit

I personally like "Females in Trouble" - :lol:

Cheers, Mike