As widely reported by now, FMA has lost LH.Com in a NAF ruling.
While many think this is a disgrace (which I tend to agree), this decision, because it involves FMA, is not the worst thing that could have happened.
FMA is operated by Thunayan Al-Ghanim. For those who don’t know, Thunayan is no ordinary domainer. While FMA holds a great portfolio of generic domain names which includes i.net, multimedia.com, research.com, fm.com, and party.com (amongst many others), as Thunayan comes from one of the world’s wealthiest families, domains there seems to be more of a hobby than a business. If there is one person who can stand up to Corporate America, Lufthansa did a great job finding him.
A favorable court decision here will help define the space a little better, and with Thunayan behind it (good luck Thunayan!), there are good chances there will be such a decision. I’m looking forward to watching the nightmare they got themselves into.
Sahar
Thanks for the info Sahar.
Let the battle of the “giants” begin - lets see the END Game
Another crazy case of Corporate Hi-Jacking
He also lost qnx.info a while back - Its nuts that people can put a TM on generics words and LLL’s.
It also nuts that they can hand out multiple TM for the same term as long as they’re used for different things.
Just goes to show that parking a domain is still not classed as a legitimate use in the eyes of some.
I hope he does his best to fight them for it - whats next, his Media.com ??
This will be better than Godzilla vs Rodan.
Pass the popcorn.
Gazzip,
As for QNX.info, Thunayan took them to federal court and he won, he still owns the domain name.
Agree. While FMA beating Hitler’s favorite airline won’t be legally binding for WIPO/UDRP cases, it will be further excellent legal support for domain owners; and especially so for LL, LLL, LLLL, etc cases.
Furthermore, it will prove additionally valuable for US-based domain owners needing/electing to use US courts to stop these illegal Internet land grabs.
We all owe FMA/Thunayan a big thanks for fighting the good fight.
I have a problem with NAF. I have just lost a domain name through a ruling. Unfortunately I was not given a reasonable amount of time to launch a defense. Briefly NAF indicated that they sent notification of the case to me via fax, email and post. I did not get an email and I did not get a fax. The case via mail took 2 weeks and NAF really has no way of knowing if I received that either (it did not come registered).
Because the mailed documents were received so late I was unable to mount a defense of the name.
In my opinion the way in which NAF notifies the defendant is flawed and I suggest that there may be a case here. NAF has no way to prove that the defendant received either the email, fax or the documents through the post. So what I’m saying is that the notification process is flawed and in some cases takes away the rights of the defendant.
Does any one agree? If you think there is something, or this has happened to you, I’d love to talk. email me at bruce@exceldomains.com