29 Dec '13, 8am

Frank Schilling's Name Administration Beats Back UDRP On 13 Year Old

Edward B. Hamrick dba Hamrick Software lost its bid to grab the domain name vuescan.com in a UDRP from Frank Schilling’s Name Administration Inc. who was as always represented by John Berryhill, Esq. However the panel refused to make Reverse Domain Name Hijacking (RDNH) ruling despite finding the domain holder did not register or use the domain name in bad faith, made legitimate use of the domain and that 9 years had passed since the Complainant first sent a C & D letter to the domain holder. Here are the relevant facts and findings by the three member panel: Complainant has rights in the VUESCAN mark based upon trademark registration dating back to December 15, 2008 pursuant to Policy ¶ 4(a)(i). Complainant claims it began using its VUESCAN mark well before it filed for registration of its mark, beginning in April 1999. Complainant claims its software quickly was accepted...

Full article: http://www.thedomains.com/2013/12/27/frank-schillings-nam...

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