Walt Disney wins WatchDisney.com via arbitration

[Eric Lyon]

Just goes to show that some large corporations go after domains aggressively, and WIN. So all of you out there with questionable trademarks in the domains you own, put your seat belts on and prepare for a bumpy ride ahead. lol

Case

Disney Enterprises, Inc. v. Gabriel Cano
Claim Number: FA1205001443902

PARTIES

Complainant is Disney Enterprises, Inc. (“Complainant”), represented by J. Andrew Coombs of J. ANDREW COOMBS, A Professional Corporation, California, USA. Respondent is Gabriel Cano (“Respondent”), New Jersey, USA.

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <watchdisney.com>, registered with GoDaddy.com, LLC.

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.

Paul M. DeCicco, as Panelist.

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

Accordingly, it is Ordered that the <watchdisney.com> domain name be TRANSFERRED from Respondent to Complainant.

Read the full arbitration article / document here

 

[Jason.tv]

what dumb-ass would actually fight against disney just to keep a domain which is clearly infringing?

I don't get these idiots in this world..

J

 

[Kate]

Sometimes, TM holders don't try the gentle approach first, they go straight for the jugular (UDRP or legal action) and they make an example out of you.

 

[slipondajimmy]

Why would you even reg a domain like that? To this day I have never understood it. You know they are going to come after you and win!

 

[Jason.tv]

Ah, Disney sent the respondent email and no response from may 15 - June 8.

thanks,

J

 

[alien51]

If you read the entire details of the case, as posted on that link, it clearly spelled out that the Registrant was a notorious and prolific pirate.

So this is not some domainer who was dumb enough to reg a TM domain with no idea that his domain could be stripped away.

This is a criminal, who deliberately regged a TM domain for the well-intentioned purpose of gaining profits from criminal activity. He's probably looking for a hit-and-run business, quick-profits-before-getting-busted.

Most likely this criminal is outside the US (maybe China?), where a clean get-away is very easy. Disney is probably not interested anymore in spending more money to hunt him down via Interpol (Disney's wallets got burned by the John Carter movie mega-flop, so i'm sure they are trying to limit their litigation and extradition expenses these days).

I just wonder what kind of payment processing portal this pirate was using to collect the money?