news Vape Magazine nailed for reverse domain name hijacking

[deez007]

Company filed UDRP for domain name that was registered before it existed.

Starpixel Marketing LLC dba Vape Magazine has been found to have engaged in reverse domain name hijacking for the domain name VapeMagazine.com.

VapeMagazine.com was registered in 2011. The complainant founded Vape Magazine about a year later and launched a site at vapenewsmagazine.com. It tried to buy VapeMagazine.com in 2014 but was rebuffed.

The panel noted:

Complainant knew that Respondent registered the disputed domain name well before Complainant began its business, and nearly two and a half years before it began using VAPE MAGAZINE in commerce. The Panel finds that it was bad faith Reverse Domain Name Hijacking to allege bad faith registration under these circumstances, especially given Complainant’s tenuous claim of rights under paragraph 4(a)(i) of the Policy.

Indeed, this case shouldn’t have been filed. It was dead on arrival.

Vape Magazine was represented by The Ingber Law Firm. The respondent was represented by Lewis Roca Rothgerber Christie LLP.


SOURCE: http://domainnamewire.com/2016/06/30/vape-magazine-nailed-reverse-domain-name-hijacking/

 

[Jman92]

I hope they got fined for wasting time.

 

[bigbagofbricks]

I hope they got fined for wasting time.

Sometimes, I think the lawyers should face penalties when bringing frivolous BS like this case. They know the law and should have a responsibility to turn down cases they know are a waste of time.

 

[deez007]

Sometimes, I think the lawyers should face penalties when bringing frivolous BS like this case. They know the law and should have a responsibility to turn down cases they know are a waste of time.

Yeah for sure, they should get some sorta penalties or fined or something...... keep in mind that they know it's a waste of time BUT they still get paid..lol So they still charge their client even thought the case was frivolous. Chances are they probably even "sold" their client on thinking that they had a chance even.

 

[golan]

Yeah for sure, they should get some sorta penalties or fined or something...... keep in mind that they know it's a waste of time BUT they still get paid..lol So they still charge their client even thought the case was frivolous. Chances are they probably even "sold" their client on thinking that they had a chance even.

They prolly bill by hours PLUS court appearance.

 

[bigbagofbricks]

Yeah for sure, they should get some sorta penalties or fined or something...... keep in mind that they know it's a waste of time BUT they still get paid..lol So they still charge their client even thought the case was frivolous. Chances are they probably even "sold" their client on thinking that they had a chance even.

Yep exactly. Maybe not a big fine but perhaps the judge could order that fees be returned to the client when it's a clear case of
1. Taking a losing case for the fees or
2. Taking a losing case hoping for an out of court settlement.

It opens up problems of course but with false insurance claims, patents and stuff like this case, an awful lot of time is wasted in court. A loss of fees could force them to be more selective.

 

[deez007]

Yep exactly. Maybe not a big fine but perhaps the judge could order that fees be returned to the client when it's a clear case of
1. Taking a losing case for the fees or
2. Taking a losing case hoping for an out of court settlement.

It opens up problems of course but with false insurance claims, patents and stuff like this case, an awful lot of time is wasted in court. A loss of fees could force them to be more selective.

I hear ya mate...... the problem is that lawyers do this across the board for just about any industry.

 

[ZapNano]

Sometimes, I think the lawyers should face penalties when bringing frivolous BS like this case. They know the law and should have a responsibility to turn down cases they know are a waste of time.

Some attorneys are honest; unfortunately they are so rare to find.

Reasonable and fair act: I would consider many things and look at the whole pictures of the case for both parties. And must be truthful for each approaches applied for each party situation. I called this just be fair and reasonable.

Moreover, there are so many things that needs improvements:

A: Trademark people should not allowed to trademarkname that might create issues or has a potential to create issues.

B. Also the people who make the decision of such cases should also needs to be educated with the now trend. Some decisions makers out there probably still using the old version of doing things. Knowingly, there has been a lot of changes in domain name industry! 20 years old approach...is the thing in the past and more likely will create issues.

Issues can also arise:

Don't hold up multi million dollars domain names industry. ICANN has giving Trademark name holders special previlages and the opportunity to upgrade their company name. Business mean is an activities that are moving and flowing around; make money now. Business is not going to sit around and wait for you to make.money. If you fail to understand the now trends or still live in past and want to stay in the past, then don't blame other; but yourself.

"Changes is important and progress is needed" and said by me.