Fashion magazine loses domain name dispute.
Runway Magazine has a domain name issue.
The print publication uses the domain name RunwayBeauty.com for its online presence. It also has RunwayMagazine.us. It also registered RunwayMagazine.info/.biz, but neither of those are ideal for a web site. Adding to the complexity, the book and subsequent movie The Devil Wears Prada featured a magazine called Runway magazine. As a result, a lot of traffic is flowing to RunwayMagazine.com.
The domain name RunwayMagazine.com was registered back in 1999 by a Canadian man. How to get its hands on it? The magazine decided to file for domain name arbitration under UDRP for RunwayMagazine.com and the .net and .org versions. Fortunately for the domain’s rightful owner, Runway Magazine tripped up on the runway.
The complainant claimed its business started in 1997, but it didn’t file for a trademark for Runway Magazine until 2008. Its stated first use was in 2002, and first use in commerce in 2007. The date discrepancy didn’t sit well with the panel, which ruled the domain name wasn’t registered in bad faith.
Read the decision here.
David J Castello says
Excellent. Now they can do the right thing and offer the owner a decent prive for the name – which will be a lot more now that he knows he doesn’t have to worry about any UDRP threats from their attorneys.
Stephen Douglas says
Why don’t these companies who think they can start a business with a “brand name” and then come “back” and claim ownership of a domain name just give it a break?
You can’t do it, it looks stupid, and makes their company look so weak they can’t afford to BUY the domain at a reasonable price from the current owner.
It’s like watching someone make a giant hamburger at home, decide it’s a great hamburger, then call it “the Whopper”, and sue Burger King for the name. It’s that simple. This is where ICANN should start handing out penalty coupons for these idiots… and the they’re called “reverse coupons”, where the company filing the UDRP has to PAY UP for being idiots. Hey, have them pay ICANN as part of the fines. That will make them think twice.
I hate decisions based on illogical thinking and lack of research and analysis.
Runway Magazine says
This article is incorrect. Runway has been on the shelf since 2007. It is a trademarked named. It is also owned by Kable Distribution the largest magazine distributer in the world. Yes, Runway Beauty, Inc and Kable did lose the arbitration, but the next day the US trademark office froze the account a started fining the Canadian company $250,000 per day. So actually, Kable won this and your article is completely wrong. The US court will give the trademark domain to its holder after it imposes fines and jail time. This article is slander and shows no research. It’s on sale in 25000 stores in the USA how did you miss that?
Andrew Allemann says
@ Runway Magazine – your home page mentions a bunch of countries but not the U.S. I removed that, but everything else is correct.
First you tell me via email that the “FBI busted him the next day”. The FBI busted a Canadian citizen? For what? Trademark infringement? That’s funny.
Now you say “the US trademark office froze the account a (sic) started fining the the Canadian company $250,000 per day.” Huh? The US trademark office doesn’t fine people and there’s no “account” to be frozen.
If you want to try to sue the owner of RunwayMagazine.com to get the domain, go ahead. But don’t come around here blowing smoke.
Runway Magazine says
Wow, have you heard of the department of Justice? The force that acts for that agency. Now go look up the DNS record, you will see it has a freeze on it. No transfers. Also posting a cover that has a copyright is just bad business. And yes copying a trademarked product will land you in jail. Try to make some copies of some movies and sell them and see where you will end up. Look at the FBI warning on a movie and see what it says, maybe we should post one in the front of the magazine for you.
Andrew Allemann says
@ Runway Magazine – I’m not sure if you’re the same person emailing me and posting here. If you want to respond to the specific things — such as the FBI busting this guy for something or starting to fine this guy, go ahead and post it here. It will be interesting.
Stephen Douglas says
“Don’t come around here blowing smoke…” (Dub-A)
The quote of the year in the domain blog community.
What cajones!!
Runway Magazine Inc & TV says
Legal News: RUNWAY MAGAZINE INC VS. RUNWAY BEAUTY INC
Dear friends and Clients, as well as potential clients,
This is a special announcement I would like to share with you. Over the next couple of months I will be inviting you to different events and taking submissions for Runway Magazine Inc. and RunwayMagazineTV.Com.
Please be advised that you might be contacted by a vince mazotta from a company called runway beauty inc out of Arizona. We are in no way affiliated with this company or anyone from the Arizona company.
Please do not believe a word he says, he is inaccurate and is spreading false and malicious rumors about my company Runway Magazine Inc, Runway Magazine LA, Runway Magazine TV, and myself.
Mr. Vince Mazotta with runway beauty inc “the Arizona company” has already lost a motion for a temporary injunction against The original Runway Magazine Inc Headquarterd in Los Angeles. This is on file in Federal Court and is public information. If You Goggle runway beauty launch, you will be directed to several sites stating they launched in late July 2008.
Mr. Vince Mazotta with runway beauty inc “the Arizona company” has also lost again with the WIPO Arbitration and Mediation Center of the World Case No. D2009-0762 by Sole Panelist, John Swinson Here is the link to see for yourselves.http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-0762.html
Runway Magazine has been around since 1995, however we incorporated in early 2007.
Runway Magazine is in good standing and is a California Corporation by the
State Of California Franchise Tax Board
P.O. Box 942867
Sacramento, CA. 94267
Telephone (888) 792-4900
Please, if you have any questions or comments, email us at: [email protected]
Runway Magazine Inc Legal Team
James Buccelli Is President/CEO/Founder of Runway Magazine Inc, RunwayMagazineTV.Com, Runway Magazine LA and Other companies related to the magazine.
Runway Magazine Inc & TV says
Hey Vince Mazotta, I have a question for you. 1. Didnt you use to do hair and nails or something like that?
According to record our research shows that you are delinquent.
Here is the link to refresh your memory on how you started in the cosmetology business.
[DOC]
TENTATIVE BOARD MEETING AGENDA
File Format: Microsoft Word – View as HTML
Runway Beauty Inc. Vincent Mazzotta, President. NEGOTIATED $250/PAID …. the Cosmetology Board does not discriminate on the basis of disabilities in its …
http://www.azboc.gov/Calendar/agenda/2007/3.16.07.doc – Similar
Ther is much much more. Please dont send the FBI after me or sue me for a trillion dollars a day. I’ll see you in court buddy…:)
Andrew, who ever you are, I applaud you my friend….tootles
US Agent says
This topic is under investigation. The posting above are made by a known con-artist. Trademark fraud is a serious crime and will lead to arrest. A federal judge ruled 3-1-09 that the Trademark belongs to Runway Beauty, Inc. an Arizona corporation. Adding LA to a trademark does not give anyone the right to use it. The Runway Magazine LA trademark is suspended and a federal judge will hear this case next week. Adding a registered mark to a name without being granted a trademark is a federal offense. Please report cyber crimes such as the one above to http://www.fbi.gov/scams-safety/e-scams
Julie says
We all know vince mazzotta is now saying he is a us agent. Wow! Does he still live with mom? Vince stay in Arizona where you belong. You are found out once and for all. Your ex so-called employees are against you now.
Vince, please read the comments above, everyone knows. Haaaaaaa!!!!!!!!!!