July 10, 2008; 02:16 AM
2008-07-09 22:03:12 -
for Christie, Parker & Hale LLP Lynn Fireside and Jerry Freisleben
213-955-0020 or Paul Spindler 310-286-0102 Intellectual property law
firm Christie, Parker & Hale, LLP today announced that the National
Arbitration Forum (NAF) has ruled in favor of its client, Sigma Two
Group LLC, the California-based manufacturer of FIREFLY MAGIC(R)
simulated firefly lights for residential and commercial use, in a domain name dispute with a competitor, Avenstar. Avenstar had registered the domain name magicalfireflies.com and
was using it to sell competing goods. In its opinion, the NAF said that
under the Uniform Domain Name Dispute Resolution Policy (UDRP), one
competitor may not try to attract Internet users seeking a competitor's
goods to its own Website by using a domain name that is confusingly
similar to a competitor's trademark and domain name. (The UDRP applies
to all .com, .net, .org, .biz, .info, and .mobi domain names.) The NAF is a specialized worldwide panel of legal experts with
trademark, copyright and e-commerce experience selected by ICANN
(Internet Corporation for Assigned Names and Numbers) to oversee and
administer domain name conflicts. The panel found that: (1) the domain name magicalfireflies.com was
identical or confusingly similar to Sigma Two's trademarks and domain
name of fireflymagic.com. 2) Avenstar had no rights or legitimate interest in the domain
name magicalfireflies.com, and (3) Avenstar had registered and used the
domain name magicalfireflies.com in bad faith. Accordingly, the panel
ordered the domain name magicalfireflies.com be transferred to Sigma
Two. "This protection under the UDRP is especially important for
competitors in niche markets that make products dependent upon Internet
sales," said CPH partner Gary Nelson, who represented Sigma Two in the
case. "A competitor's use of a confusingly similar domain name can
severely damage the reputation, sales and distribution network of
another. It's important for businesses with similar problems to know
there is a speedy and relatively inexpensive dispute resolution process
that may resolve their problem short of litigating in federal court." About Sigma Two Group LLC Sigma Two Industries, a division of the Sigma Two Group LLC,
specializes in the design, manufacture, and distribution of specialty
low voltage lighting systems for residential locations, including
unique landscape and indoor special effects lighting. In addition, it
designs and manufactures custom lighting systems for theme parks,
museums, zoos, stage productions, movies, commercial businesses and a
wide variety of other venues. The firm, founded in 1979, is located in
Apple Valley, Calif. About Christie, Parker & Hale Christie, Parker & Hale is a leading intellectual property law
firm operating at the intersection of science, technology and the law.
Engaged exclusively in all aspects of intellectual property law, most
of the firm's attorneys hold degrees in engineering or the sciences,
bringing added value and perspective to client service. Drawing on a
54-year heritage, the firm continues to propel innovation and stimulate
business growth by protecting its clients' most valuable assets -
intellectual property. Battle of the Fireflies: Arbitrators Say Competitor Acted in Bad Faith, Willfully Misled
Source: www.pr-inside.com |
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