Digital Pandit
Well-Known Member
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
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
