Translations:UDRP/31/en
Texas Court Overturns UDRP Cases
On January 10, 2012, Senior District Judge Royal Ferguson of the Northern District of Texas issued his final ruling reversing WIPO' decision for the UDRPs on all cybersquatting cases filed by the original registrant of 22 domain names (Receivers) as early as 2010. Judge Ferguson ordered the domain names publicstorge.com, pulicstorage.com, puplicstorage.com and aplle.com which had been transferred to the companies Public Storage and Apple Inc, to be transferred back to the Receivers. He also ordered the Australian based registrar Fabulous.com to disregard the default transfer ruling of the UDRP for all the remaining non-transferred domain names and to inform the court within two days that the court order has been fulfilled.[1] The UDRP Panel found that the Receivers violated the rights of the legitimate trademark owners. For example, the three domain names contested by Public Storage were deemed confusingly similar to the trademark of the company. In this case, the UDRP Panel ruled in favor of Public Storage after the company proved that the Receiver used the domain names as "parking pages" linking to its competitors websites. The trademark of Public Storage is well known nationwide. In spite of this, the Receiver intentionally registered the domain names in bad faith.[2]