Waterfront Solicitors Partner, Matthew Harris has recently had two of his domain name decisions listed in a “Top 10” of decisions in 2010.
In the January 5th edition of Managing Internet IP, journalist Fionn O’Raghallaigh includes Matthew’s July 20th and August 17th decisions in an end-of-the-year reflection report of 2010. He reports:
“July 20
RapidShare, Christian Schmid v PrivacyAnywhere Software, Mikhail Berdnikov (Protected Domain Services Customer ID: DSR-2262893, Protected Domain Services Customer ID: DSR-2092987) and Winsoul, Aleksey Atushev; (Protected Domain Services Customer ID: DSR-2239262) When a complaint revealed two registrants behind privacy shields rather than one in a UDRP case involving RapidShare, panellist Matthew Harris split proceedings into two cases but continued them together in two decisions released together in one file. This meant the complainant did not have to file a second complaint, saving it time, money and effort in the process.
August 17
RapidShare and Christian Schmid v majeed randj Two decisions by panellist Matthew Harris regarding RapidShare were released on August 17. This decision illustrated that a carefully considered complaint involving a domain which might allude to the full mark can be successful, unlike RapidShare’s failed complaint in a dispute over rapid.org. Harris concluded this dispute over rapidpiracy.com was conceptually different: “Accordingly, it is not fanciful to suggest the term ‘rapidpiracy’ can be read as involving a conceptual allusion to the Complainants’ mark (perhaps suggesting an illegal version of the Complainants’ services).” ”
As well as advising numerous clients on domain name matters, Matthew has been appointed by WIPO in Geneva, Nominet in Oxford and the Czech Arbitration Court in Prague to decide domain name disputes. He has handed down over 180 domain name decisions to date. He also sits on the Czech Arbitration Court domain name advisory board.
The Managing Intellectual Property article is yet further recognition of Matthew’s expertise in domain name law and practice. Matthew is a visiting lecturer in Intellectual Property Law at the Eidgenössische Technische Hochschule Zürich in Switzerland and is the UK contributor to, and a general editor of, the International Trademark Association’s Annual International Review of Trademark Jurisprudence and Volume II of its annual Trademark Law Handbook. Matthew is also the European chairperson of INTA’s International Amicus Committee.
The current legal framework in the UK does not allow copying of copyright-protected material for training generative AI models, except where it is carried out with permission of the copyright owner or done in a research or study context and for purely non-commercial purposes.
This matter deals with the Claimant’s (‘TVIS’) allegation of infringement and misrepresentation in relation to its “VETSURE” trade mark by the Defendant (‘Howserv’s’) “PETSURE” trade mark, used for pet insurance. In the first instance decision, the claim was dismissed due to the marks being highly descriptive and “not…