The Battle is Over!
We prevailed in a dispute over ISCRUB.com. We won control of the domain name from Vertical Axis, Inc., located in Gyeonggi-do, Republic of Korea.
The WIPO arbitration panel’s ruling now ensures that we (Esquire Innovations) retain ownership of our iScrub® brand as embodied in the ISCRUB.com domain name. We are fortunate to have trade marked the name early on.
There is no way we could’ve won this dispute if it weren’t for the fortitude and expertise of Richard Gurak an attorney with Welsh & Katz (our IP firm). Seriously, Richard is one of those guys who just doesn’t give up… he is passionate in his work and great at his craft.
And a special thanks to Gene D’Aversa who is Richard’s in-house domain name technical expert. Gene you’re the man!
This is probably more than you want to know, but the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center is a substitute for a court hearing and can only transfer domain names if three criteria are met. (1) The domain name must be identical or confusingly similar to the complainant’s trademark or service mark. (2) The registrant of the domain name must have no rights or legitimate interests in the domain name. (3) The domain name must have been registered and used in bad faith. In this matter, the WIPO arbitration panel found that all three criteria had been fulfilled and ordered a transfer of the ISCRUB.com domain name.
Get all the drama here…WIPO Decision