Minneapolis
27 October 2017
Reporter: Barney Dixon

NYSE claims 21 domains


The New York Stock Exchange (NYSE) has recovered 21 domains following a Uniform Domain-name Dispute-Resolution Policy decision at the Alternative Dispute Resolution Forum.

The domains incorporated the NYSE trademark along with various generic terms, including ‘market’, ‘loans’ and ‘trading’.

NYSE explained that the volume of domains registered exhibit “a pattern of bad faith registration of domain names containing well-known marks”.

It claimed that the Val Sklarov, the original registrant of the domains, had registered many of the domain names “within minutes” of responding to a cease-and-desist letter from NYSE.

NYSE said that the Sklarov had “clearly registered the domain names opportunistically in bad faith”.

However, Sklarov claimed that NYSE did not operate in Ukraine, target Ukrainian customers, and had no rights to the trademark in Ukraine, which is a “sovereign country, which has its own Trademark and Patent Office and does not adhere to trademark protection on its territory afforded to third parties in other countries”.

“Further, the letters ‘Y’ and ‘S’ do not exist in the Cyrillic alphabet, so Ukrainian consumers would not be confused by the domain names,” Sklarov said.

Sklarov stated that he had been intended to launch a website named ‘New York Services Enterprise’, which will “offer mortgages, business and real estate loans, auto loans, insurance, credit cards, financial consulting, real estate sales and construction services to customers in Ukraine”.

He said he had been operating this business since March 2015 under the name “America 2030 Capital”.

However, sole panellist Daniel Banks said that each of the domains resolved to a page which states “website coming soon” and did not provide a “bona fide offering of goods or services or for a legitimate non-commercial or fair use”, proving that Sklarov lacked any rights or legitimate interests in the domains. Banks added that Sklarov’s “failure to make an active use of the domain names demonstrates its bad faith”.

All 21 domains were transferred from Sklarov to NYSE.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Beach Boys mark wins in UDRP
23 January 2018 | Geneva | Reporter: Barney Dixon
Brother Records, the owner of the intellectual property rights relating to The Beach Boys, has claimed beachboys.org in a UDRP dispute at the WIPO Arbitration and Mediation Centre
Three-quarters of brands suffer trademark infringement
22 January 2018 | Boston | Reporter: Barney Dixon
Almost three-quarters of brands have been victims of trademark infringement in the past year, according to a new survey from trademark research and protection firm CompuMark
Delta claims "confusingly similar" domain
22 January 2018 | Minneapolis | Reporter: Barney Dixon
Delta Airlines has claimed 27 domains in a UDRP dispute at the Alternative Dispute Resolution Forum.
Brinks, Gilson & Lione elects new president
19 January 2018 | Chiacgo | Reporter: Barney Dixon
Brinks, Gilson & Lione has elected a new president to succeed James Sobieraj
TWiT sues Twitter for trademark infringement
18 January 2018 | California | Reporter: Barney Dixon
TWiT.tv, is suing Twitter for breach of contract, unfair competition and trademark infringement, stemming from a deal the two companies made in 2007
INTA wins in domain dispute
17 January 2018 | Minneapolis | Reporter: Barney Dixon
INTA has won a domain dispute at the Alternative Dispute Resolution Forum over inta2018.org
Akerman hires new partners
16 January 2018 | Los Angeles | Reporter: Barney Dixon
US law firm Akerman has strengthened its intellectual property and commercial litigation practices with the hire of two partners