Respondent in the UDRP case against the RosettaStone.app does to US court

Discussion in 'Legal Issues and Dispute' started by Prashant Sharan, Apr 7, 2019.

  1. Prashant Sharan

    Prashant Sharan India Member

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    The Respondent in the UDRP case against the domain name RosettaStone.app, is taking the case to the US courts, following the loss at the WIPO.

    The federal lawsuit – filed at a California court – seeks a declaratory judgement that the domain does not infringe on the marks of Rosetta Stone, makers of translation software. The company was the Complainant in the UDRP case.

    In a related article, attorney Gerald M. Levine, wrote about the case:

    “The result should have been no different in Rosetta Stone. The majority over a vigorous dissenting opinion ordered <rosettastone.app> transferred to Complainant. Rosetta Stone has been used as an indicator of source by a diverse number of businesses over the years. Even assuming a party may have an international reputation which arguably raises its profile, having a well-known brand does not give a mark owner monopoly rights over a generic phrase. Thus, the transfer raises philosophical and legal questions of the Policy’s scope. “

    Attorney Jason Schaeffer of ESQwire.com, told us that they represented the Respondent at the WIPO, believing that their client has a strong case; they will be monitoring the new developments closely. Note: ESQwire is a premium sponsor of DomainGang.

    Below is the court document describing the lawsuit that was filed in California by the registrant of the domain RosettaStone.app.

    Source