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	Comments on: Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)&#8211;Wooster Floral v. Green Thumb	</title>
	<atom:link href="https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm/feed" rel="self" type="application/rss+xml" />
	<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm</link>
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		<title>
		By: Katrina Heimberger		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2876</link>

		<dc:creator><![CDATA[Katrina Heimberger]]></dc:creator>
		<pubDate>Mon, 04 Jan 2021 19:13:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2876</guid>

					<description><![CDATA[Maybe if you were aware of what the Green Thumb actually did to my business you would understand my reasoning behind litigation. When I took over the business my first action was securing my current website www.woosterfloralandgifts.com and then to purchase wooosterfloral.com. That is when I noticed Green Thumb had purchased it just days before. Claudia (Owner of Green Thumb) was not aware that I was taking over Wooster Floral (the fact that it was a gift and only $1.00 was irrelevant and private) and purposely purchased the domain name to divert Wooster Floral customers to her website, she also tried to secure Wooster Floral&#039;s current phone number at that time. Her whole intention was to divert my customers to her business. When I confronted her about it she wanted $10,000 for it, that is when we went to litigation. It was only after that that she went down to $2500 (yes, in hindsight this would have been the cheapest option) but the whole idea that she wanted to benefit from this was appalling to me! If I was to give her money why not give it to a lawyer instead. I thought it was a sure win. Boy was I wrong! Also, my first lawyer was ignorant of cyber squatting laws and didn&#039;t file federally and that is where everything went wrong. Wooster Floral has been in business for over 60 years, unfortunately, when I filed for a trade name it was filed as a new business and not as a long standing business and the trade name was denied. Again, another lawyers fault! The laws in Ohio need to change, this loss just set a precedent that your business name is not protected! Oh, and how dare you accuse me of gouging my customers to pay for this law suit! I would never stoop that low than again, I&#039;m not a lawyer!
Katrina Heimberger
Wooster Floral]]></description>
			<content:encoded><![CDATA[<p>Maybe if you were aware of what the Green Thumb actually did to my business you would understand my reasoning behind litigation. When I took over the business my first action was securing my current website <a href="http://www.woosterfloralandgifts.com" rel="nofollow ugc">http://www.woosterfloralandgifts.com</a> and then to purchase wooosterfloral.com. That is when I noticed Green Thumb had purchased it just days before. Claudia (Owner of Green Thumb) was not aware that I was taking over Wooster Floral (the fact that it was a gift and only $1.00 was irrelevant and private) and purposely purchased the domain name to divert Wooster Floral customers to her website, she also tried to secure Wooster Floral&#8217;s current phone number at that time. Her whole intention was to divert my customers to her business. When I confronted her about it she wanted $10,000 for it, that is when we went to litigation. It was only after that that she went down to $2500 (yes, in hindsight this would have been the cheapest option) but the whole idea that she wanted to benefit from this was appalling to me! If I was to give her money why not give it to a lawyer instead. I thought it was a sure win. Boy was I wrong! Also, my first lawyer was ignorant of cyber squatting laws and didn&#8217;t file federally and that is where everything went wrong. Wooster Floral has been in business for over 60 years, unfortunately, when I filed for a trade name it was filed as a new business and not as a long standing business and the trade name was denied. Again, another lawyers fault! The laws in Ohio need to change, this loss just set a precedent that your business name is not protected! Oh, and how dare you accuse me of gouging my customers to pay for this law suit! I would never stoop that low than again, I&#8217;m not a lawyer!<br />
Katrina Heimberger<br />
Wooster Floral</p>
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		<title>
		By: News of the Week; December 23, 2020 &#8211; Communications Law at Allard Hall		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2869</link>

		<dc:creator><![CDATA[News of the Week; December 23, 2020 &#8211; Communications Law at Allard Hall]]></dc:creator>
		<pubDate>Sat, 26 Dec 2020 17:54:39 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2869</guid>

					<description><![CDATA[[&#8230;] Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Flora&#8230; (Eric Goldman) [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Flora&#8230; (Eric Goldman) [&#8230;]</p>
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		<title>
		By: Ben Bhandhusavee		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2861</link>

		<dc:creator><![CDATA[Ben Bhandhusavee]]></dc:creator>
		<pubDate>Mon, 21 Dec 2020 19:24:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2861</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857&quot;&gt;Doug Isenberg&lt;/a&gt;.

That, too, was my immediate thought.  If Plaintiff was going to take a flyer on litigating in State court, their counsel might as well have considered UDRP and praying for a Complainant-friendly arbitrator.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857">Doug Isenberg</a>.</p>
<p>That, too, was my immediate thought.  If Plaintiff was going to take a flyer on litigating in State court, their counsel might as well have considered UDRP and praying for a Complainant-friendly arbitrator.</p>
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		<title>
		By: JBinde		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2860</link>

		<dc:creator><![CDATA[JBinde]]></dc:creator>
		<pubDate>Mon, 21 Dec 2020 19:06:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2860</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857&quot;&gt;Doug Isenberg&lt;/a&gt;.

It&#039;s still geographically descriptive absent strong evidence of secondary meaning. 

Complaints seeking names of the form (Location)+(Goods/Services) lose more often than not.  They were probably specifically advised the UDRP was, and is, an unattractive option, and bet the defendant wouldn&#039;t have the stomach for litigation over a $2500 name.  That is typically why you see ACPA suits over weak marks as domain names, because its easier to wear someone down with a meritless claim in litigation.

 (Complaint Denied)
San Benito Shutter, Inc. v Texas International Property Associates - NA NA

 (Complaint Denied)
Kennedy Enterprises, Inc. v John Neetz, individually and trading as Bigtime Limited

 (Complaint Denied)
Bevolo Gas &#038; Electric Lights, Inc. v French Quarter Lanterns

 (Complaint Denied)
668 North, LLC v. Junyun Bi]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857">Doug Isenberg</a>.</p>
<p>It&#8217;s still geographically descriptive absent strong evidence of secondary meaning. </p>
<p>Complaints seeking names of the form (Location)+(Goods/Services) lose more often than not.  They were probably specifically advised the UDRP was, and is, an unattractive option, and bet the defendant wouldn&#8217;t have the stomach for litigation over a $2500 name.  That is typically why you see ACPA suits over weak marks as domain names, because its easier to wear someone down with a meritless claim in litigation.</p>
<p> (Complaint Denied)<br />
San Benito Shutter, Inc. v Texas International Property Associates &#8211; NA NA</p>
<p> (Complaint Denied)<br />
Kennedy Enterprises, Inc. v John Neetz, individually and trading as Bigtime Limited</p>
<p> (Complaint Denied)<br />
Bevolo Gas &amp; Electric Lights, Inc. v French Quarter Lanterns</p>
<p> (Complaint Denied)<br />
668 North, LLC v. Junyun Bi</p>
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		<title>
		By: Doug Isenberg		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2859</link>

		<dc:creator><![CDATA[Doug Isenberg]]></dc:creator>
		<pubDate>Mon, 21 Dec 2020 18:22:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2859</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2858&quot;&gt;Eric Goldman&lt;/a&gt;.

If the plaintiff couldn&#039;t establish trademark rights, then you are correct that the UDRP would not be a good option. But if it could do so, the UDRP surely would have been cheaper than litigation (even if more expensive than a purchase). Interesting case, thanks for highlighting it!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2858">Eric Goldman</a>.</p>
<p>If the plaintiff couldn&#8217;t establish trademark rights, then you are correct that the UDRP would not be a good option. But if it could do so, the UDRP surely would have been cheaper than litigation (even if more expensive than a purchase). Interesting case, thanks for highlighting it!</p>
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		<title>
		By: Eric Goldman		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2858</link>

		<dc:creator><![CDATA[Eric Goldman]]></dc:creator>
		<pubDate>Mon, 21 Dec 2020 17:48:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2858</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857&quot;&gt;Doug Isenberg&lt;/a&gt;.

Even a UDRP typically costs more than $2,500, so taking the deal was always the lowest-cost option. Given a weak trademark that the prior owner appeared to be abandoning, would the plaintiff have had any better chance of success with a UDRP?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857">Doug Isenberg</a>.</p>
<p>Even a UDRP typically costs more than $2,500, so taking the deal was always the lowest-cost option. Given a weak trademark that the prior owner appeared to be abandoning, would the plaintiff have had any better chance of success with a UDRP?</p>
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		<title>
		By: Doug Isenberg		</title>
		<link>https://blog.ericgoldman.org/archives/2020/12/domain-name-lawsuits-are-stupid-and-the-initial-interest-confusion-doctrine-is-too-wooster-floral-v-green-thumb.htm#comment-2857</link>

		<dc:creator><![CDATA[Doug Isenberg]]></dc:creator>
		<pubDate>Mon, 21 Dec 2020 17:42:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=22050#comment-2857</guid>

					<description><![CDATA[I wonder if anyone ever heard of the &lt;a href=&quot;https://www.youtube.com/watch?v=XL1Da82l9ow&quot; rel=&quot;nofollow ugc&quot;&gt;UDRP&lt;/a&gt;? You know, the domain name dispute policy that was created more than 20 years ago to deal with these issues in a quicker and less expensive manner than going to court...]]></description>
			<content:encoded><![CDATA[<p>I wonder if anyone ever heard of the <a href="https://www.youtube.com/watch?v=XL1Da82l9ow" rel="nofollow ugc">UDRP</a>? You know, the domain name dispute policy that was created more than 20 years ago to deal with these issues in a quicker and less expensive manner than going to court&#8230;</p>
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