#Rosetta Stone : Following #UDRP loss, Respondent takes the case to the US courts :DomainGang

#Rosetta Stone : Following #UDRP loss, Respondent takes the case to the US courts

Posted by DomainGang on April 5, 2019, at 2:58 pm

The Rosetta Stone at the British Museum – This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license. Attribution: © Hans Hillewaert

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.