French company Found Guilty reverse domain hijacking attempt against American military

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French company Found Guilty reverse domain hijacking attempt against American military

"While serving in the army of the United States in Japan in the year 2001, discovered Steve Hill made of wood of kokeshi dolls that have been there for centuries now at hand.""kokeshi" is a generic dictionary word in Japan, not a brand name.Thinking in could one day want to build a Web site on the local doll cute, Hill recorded kokeshi.com domain name.

He has since then it has, but never had time to do anything with it as army he has moved from one place to another in his military career.In late 2009, Publisher Editions Milan in Toulouse, France decided to publish a series of books for children called "Kokeshi", a term that acquired a trademark of French in a couple of previous years - a brand that was, however, limited to books and CDs.

Not surprisingly, the company decided that they would like to have the domain name and requested Hill to sell them first .your kokeshi.com offer was $ 16,700 - sum editor considers "scandalous" (obviously have no knowledge of generic domain word values).

A Japanese kokeshi doll

Its derivative of the counteroffer was a symbol (token) sum Hill, of course, refused to $ 1,500. once he rejected what he called its "reasonable" offering editions Milan, apparently decided if he does not give his property price wanted to pay, they try to do it through a WIPO presentation instead.

Hill hired Traverse Legal to answer false claim of Milan edits to your propiedad.Atravesar easily blew holes in the case of the plaintiff, noting "the complainant has no right in a generic or descriptive domain name particularly when your brand was registered at least five years after the disputed domain name registration".

Crossing also noted, "There are uses of the word ?kokeshi? 1,000,000 in multiple domain names" and added "Complainant?s mark is only for use in association with published books and disks compactos.No gives the exclusive right of the applicant to the descriptive name ?Kokeshi?.""The plaintiff not monopolize the use of generic terms and common words."

Apparently this came as news to Milán.Consiguieron editions other news flash when

Cross asked the sole panelist, Sir Ian Barker, to declare the culprit of a reverse hijacking attempt Milan editions .Sir Barker did the right thing and fact that part of the statement of his decision in favour of the respondent, Mr. Hill.Se finding may Lee decision all here (Word document).

Unfortunately, trying to use the arbitration system to hijack domain assets domain is becoming more commonplace and also made efforts within ICANN to the battery cover even more in favour of enterprises which employ this tactic despreciable.En current environment, it is good to know that there are still fair arbitration panelists to convert tables to companies seeking to use the system to shake down of domain owners.

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