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UDRP FILED ON RCC.COM FROM ROYAL CARRIBEAN CRUISES

Labeled as news in Legal Discussion started by Riz M., May 8, 2019.

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  1. Riz M.

    Riz M. EmpireNames.com Gold Account

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    Hi Npers.
    While checking Udrpsearch.com i found royal carribean filed udrp on RCC.com
    does it make sense?
    I believe the case shouldnt be accepted but case is now active..
     
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  2. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    Last edited: May 8, 2019
  3. BaileyUK

    BaileyUK Top Member VIP

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    Just a generic Uniregistry lander. Even the biggest companies try to put their own interpretation on UDRP guidelines. I wonder just how many realize they have to satisfy all criteria and mistakenly believe just one will do. Guess their lawyer advised 'Well it is possible to win - Its happened before, by the way this is the estimate of my costs and as you can see it's approximately 15% of the sellers asking price'
     
    Last edited: May 8, 2019
  4. Mr. Deleted

    Mr. Deleted Slabaugh.com 800-266-2728 VIP ★★★★★★★★★★

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  5. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    This should be a fairly simple one to defend, given the history of the domain name and the apparent lack of any association between "RCC" and the complainant. I've seen "RCC" used more often for Roman Catholic Church. The base term here has a huge Wikipedia disambiguation page:

    https://en.wikipedia.org/wiki/RCC
     
  6. carob

    carob Top Member VIP ★★★★★★★★★★

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  7. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    539411_473273459393902_1173629976_n.jpg main-qimg-b5b78c24e0aa9f0ec444964e295e9b84.jpg



    WWF

    World Wrestling Federation vs World Wildlife Federation

    WWF now known as WWE

    World Wrestling Entertainment


    Much different case though because of how world famous the WWF trademark was.
     
    Last edited: May 8, 2019
  8. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    @MapleDots yes it's very different. WWE (was WWF) signed an agreement with WWF that restricted their use of the mark, they broke the terms of the agreement and it all fell apart with the supreme court in the UK siding with the World Wildlife Fund.

    I think that the point that is being made here is that many companies and organisations use the initials RCC, so unless there is evidence to prove that the domain owner was targeting Royal Caribbean specifically, then it's easy to defend.
     
  9. Riz M.

    Riz M. EmpireNames.com Gold Account

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    sounds like royal carribean is ready for hallofshame.com
     
  10. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    The problem with this one was that both companies used the word FEDERATION in the name so it was inevitable that the wrestling company was on the losing end.

    Mind you I don't think there was ever any UDRP involved in this dispute it was simply about the use of the 3 letters.
     
  11. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    Interesting, where did you read that?
     
  12. Steven McEvoy

    Steven McEvoy YLWAgency.com VIP

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    Why dont they just buy the name...
     
  13. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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  14. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    Maybe I'm tired but that article doesn't say anything specific about use of the word FEDERATION in the name being the problem :hungover:, nor that this would be the cause of the wrestling company to lose like you said.

    I just wondered where you got it from, from what I can see they just used the same mark, which was the 3 letters WWF which happened to clash from when the then 'WWWF' dropped the first W from their name in a rename in 1979.

    At least in the WWF case the mark being fought over clearly matched, whereas in the case of RCC and the complaining party it doesn't on the face of it.
     
  15. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    I just dug that up fairly fast, I know it dragged on for years but if you ask the google god you will find it.
    That was just the first article I found.
     
  16. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    It was the World Wrestling Federation vs the World Wildlife Fund.

    main-qimg-e308b853207f4723d5ec0c660c05a142.jpeg
     
  17. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    Wow, I could have sworn it was Federation.... hehe, I must have been hit with one of those flying chairs back in the wwf days :xf.laugh:

    It will be interesting to see what happens with rcc.com

    That company has a lot of gumption to attempt hijack of that domain.
     
    Last edited: May 8, 2019
  18. Tristar

    Tristar New Member

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    Because some douchebag lawyer has convinced them to piss away money

    If you want to see the worst look at NTP versus RIM . Instead of paying a couple mil for a license fee RIM decided to fight a patent . Rim lost multiple times, refused repeated extremely reasonable offers and then lost to the tune $612 million dollar . Apparently RIMs lawyers had booked over $100 Million in legals . Lawyers always win in a fight
     
  19. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    First off, the Wildlife and the Wrestling people never fought over a domain name. Because they both used "WWF" originally for different things, they had reached a contractual agreement as to what the parties could use those initials for. Because the Wrestling people eventually violated that agreement, they had to change their name to World Wrestling Entertainment - WWE. That had nothing to to with a domain name.

    Later, well after the Wrestling people had abandoned the wwf.com domain name, the Wildlife people went after the domainer who had picked it up, not the Wrestling people:

    https://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0975.html

    WWF-World Wide Fund for Nature aka WWF International v. Moniker Online Services LLC and Gregory Ricks

    Case No. D2006-0975

    1. The Parties

    The Complainant is WWF-World Wide Fund for Nature aka WWF International, (formerly World Wildlife Fund), Gland, Switzerland, represented by Edwin Coe, United Kingdom of Great Britain and Northern Ireland.

    The Respondents are:

    (i) Moniker Online Services LLC, Florida, United States of America; and

    (ii) Gregory Ricks, Texas, United States of America, represented by John B. Berryhill, Ph.d. Esq., United States of America.

    2. The Domain Name and Registrar

    The disputed Domain Name <wwf.com> is registered with Moniker Online Services, LLC.

    --------------


    If you are interested generally in three-letter name cases:

    <wbw.com>
    https://www.adrforum.com/DomainDecisions/98813.htm

    <eaa.com>
    https://www.adrforum.com/DomainDecisions/206309.htm

    <toh.com>
    https://www.adrforum.com/DomainDecisions/651060.htm

    <jdm.com>
    https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2017-1182

    <tnp.com>
    https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2017-0669

    <dky.com>
    https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1757

    <qlp.com>
    https://www.wipo.int/amc/en/domains/search/case.jsp?case=D2013-1691

    <usu.com>
    https://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-0761.html

    <don.net>
    https://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-1373.html

    <fcc.com>
    https://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0770.html

    I will award bonus points to the first person who figures out two things that all of those three-letter name cases have in common.
     
  20. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    Thank you for that, it was so long ago that I forgot exactly how it went but something about it still clicked for me.

    Very interesting read, thank you so much for posting that (y)
     
  21. NameBuyer.com

    NameBuyer.com Upgraded Member Gold Account ★★★★★★★★★★

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    All represented by you, all wins, and RDNH is hard to come by, even when you think it is a given.


    I need to personally thank you John. You put me on a good path years ago back in 2014 when I had to defend 4 names against Enterprise Rent-a-Car. I started my research by watching your Domain Sherpa interview which was published several months before my case. Your advice and knowledge you shared was invaluable.

    https://www.adrforum.com/domaindecisions/1579392.htm

    In my case I considered it a full win, as Enterprise was trying to get 4 domains of mine, but only got 2 and they were throw-away domains that I likely would have dropped anyway. Since I was only slightly familiar with UDRP cases, I'd estimate that I probably put in 30-40 hours in 2 weeks researching cases to reference, taking notes, and responding to the complaint.

    I believe domain parking was to blame for even losing the two throw-away domains. I couldn't control the ads 100% on the parked pages and they showed ads that were related to cars, making it easy to find a registered and used in bad faith decision on those 2 domains. Because of this, I've only used For Sale landing pages since 2014.

    So a huge thank you to you John. If I had a dispute with a 3 character domain like any of the above, or any other high-value domain, I'd definitely use your services.
     
    Last edited: May 9, 2019
  22. HFT

    HFT Established Member

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    HAHAH
     
  23. cipcip

    cipcip Top Member VIP ★★★★★★★★★★

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    This UDRP procedure gives all the crap companies the right to take away your best domains. It's bull that you cannot have a 3 letter .com, as someone will say, no, it is my acronym, I want it... come on... RCC is a big acronym with over 200 meanings, check here: https://acronyms.thefreedictionary.com/RCC

    I hope they will lose.
     
  24. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Some parking systems do allow you to control the advertising categories.

    Parking is a double-edged sword, since appropriately-targeted PPC use of a domain name can constitute a legitimate use under the second prong of the UDRP - which a "for sale" lander won't. Obviously, inappropriately-targeted PPC use is often the kiss of death. The attitude of some domainers that parking is "always bad" or even "always good" is a wee bit oversimplified.

    No one has won more UDRP defenses than Name Administration Inc., and every one of the domain names in those proceedings was parked.
     
  25. tonyk2000

    tonyk2000 Top Member VIP ★★★★★★★★★★

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    Like in avg.com case:

    https://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1381.html

    (quote begin)

    Underneath the heading on the left of the page there was a list of links under an italicized heading “Main” with the words “Internet Filtering”, “Free Credit Report”, “Internet Content Filtering”, “Family Safe Internet”, “Free Internet Filtering” and “Identity Theft Protection”. Linked pages advertised and provided links to websites of or advertising the Complainant’s competitors in the provision of software protecting against viruses, spyware and other electronic intrusions.

    (quote end)

    I personally think it was unfair decision. Just because of generic 2-click domainsponsor lander, which happened to include some terms that antivirus company might also use, valuable domain was lost (with a Dissenting Opinion of David E. Sorkin).

    So, no 3-letter domain is safe in fact. And Royal Carribean still has a chance, unfortunately. So, the respondent should better pay for 3-members panel, and carefully select panelists...
     

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