CrimeMay 03, 2024
Second Suspect Arrested in Murder of Colorado JewelerWheat Ridge, Colorado police took a 50-year-old man into custody Wednesday following a two-month search.
MajorsSep 29, 2016
De Beers Wins Dispute over ‘DeBeers.feedback’
The case has set a new intellectual property precedent regarding generic top-level domains.
London--A case brought by De Beers regarding a generic top-level domain (an internet extension, such as .com, .org, .info, etc.) has set a new intellectual property precedent.
In January, a company called Domain Admin, Whois Privacy Corp. of Nassau, New Providence, Bahamas registered the domain name “DeBeers.feedback.”
The site features 11 customer reviews of De Beers, as well as contact information for the company and links to DeBeers.com, the website for the chain of stores the company operates in conjunction with LVMH, and some of De Beers’ social platforms.
A disclaimer at the bottom of the website’s main page states, “This site is provided to facilitate free speech regarding De Beers. No direct endorsement or association should be conferred.”
De Beers filed a complaint against Domain Admin, Whois Privacy Corp. in July with the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center.
WIPO is a “self-funding agency of the United Nations, with 189 member states,” according to its website. It was established in 1967 and is headquartered in Geneva.
In the complaint, De Beers asked for the domain name to be transferred to them, arguing that “.feedback” domains are “intended to be used by brand owners to provide a convenient feedback channel for their public,” and that they had no affiliation with Domain Admin, Whois Privacy Corp.
De Beers also questioned the veracity of the posted customer reviews, and said that the site’s disclaimer is not very apparent.
This month, WIPO’s Arbitration and Mediation Center decided in favor of De Beers, noting in the administrative panel decision, De Beers Intangibles Limited v. Domain Admin, Whois Privacy Corp., that the disputed domain name is “identical to that trademark, disregarding the domain “.feedback.”
The case really hinged, however, on De Beers proving that at least some of the site’s reviews were falsified. WIPO’s decision noted that “at least five reviews now appear on the website that are dated before March 24, 2016 but did not appear on the website when printed out on March 24, 2016,” which it went on to deem “extremely suspicious.”
Domain Admin, Whois Privacy Corp. did not respond to the claims by a set deadline, which allowed the case to proceed without them.
This is the first such case in which a brand has been able to regain ownership of a domain name relating to a generic top-level domain.
De Beers was represented by Bird & Bird, an
international law firm with offices in dozens of cities across Europe and Asia.
Phil Sherrell, an intellectual property partner at Bird & Bird said of the decision, “This is an important victory for brand owners in the battle to keep control over the ever-expanding number of available domain names.”
“We’re very pleased,” said a De Beers spokesperson. “Luxury businesses such as De Beers make huge investments over a number of generations to grow the value of their brand, and any misuse of our IP could seriously undermine our brand equity.”
This is one of several recent victories for De Beers in the WIPO Arbitration and Mediation Center. This year, De Beers has brought at least five cases against companies and/or individuals, alleging they misused De Beers’ trademarks in various domain names.
In each of the five cases National Jeweler located, WIPO ruled that the domain names should be transferred to De Beers.
Phil Sherrell, an intellectual property partner at Bird & Bird said of the decision, “This is an important victory for brand owners in the battle to keep control over the ever-expanding number of available domain names.”
“We’re very pleased,” said a De Beers spokesperson. “Luxury businesses such as De Beers make huge investments over a number of generations to grow the value of their brand, and any misuse of our IP could seriously undermine our brand equity.”
This is one of several recent victories for De Beers in the WIPO Arbitration and Mediation Center. This year, De Beers has brought at least five cases against companies and/or individuals, alleging they misused De Beers’ trademarks in various domain names.
In each of the five cases National Jeweler located, WIPO ruled that the domain names should be transferred to De Beers.
More on Majors
The Latest
CollectionsMay 03, 2024
A Sneak Peek Into PGI’s Couture Platinum Spotlight ProgramPGI partnered with four new and seven returning designers for its annual platinum capsule collection.
CollectionsMay 03, 2024
Piece of the Week: A “Bit of LUV” for the DerbyKarina Brez’s race-ready piece is a sophisticated nod to the horse-rider relationship.
Brought to you by
Rio’s Reimagined Podcast: For the Love of JewelersMeet Ben Claus—grand prize winner of For the Love of Jewelers 2023 Fall Design Challenge.
CrimeMay 02, 2024
4 Indicted in Burglary Ring Targeting Indian, South Asian FamiliesThe men are allegedly responsible for stealing millions in jewelry and other valuables in 43 burglaries in 25 towns across Massachusetts.
Weekly QuizMay 02, 2024
This Week’s QuizTest your jewelry news knowledge by answering these seven questions.
CollectionsMay 02, 2024
Foundrae Launches ‘Horizon’ Collection“Horizon” invites individuals to explore the limitless possibilities that lie ahead, said the brand.
FinancialsMay 02, 2024
Pandora Raises Guidance After Strong Q1The jeweler credits its recent “Be Love” campaign and ongoing brand revamp for its 17 percent jump in sales.
Brought to you by
The Blueprint for Success in Scalable, Personalized Jewelry RetailWith Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.
IndependentsMay 02, 2024
Oklahoma Jeweler Glenn Lewis Dies at 68The co-founder of Lewis Jewelers was also the longtime mayor of the city of Moore.
AuctionsMay 02, 2024
Vintage Baume & Mercier With Ties to Elvis Sells for $7K Elvis Presley gifted this circa 1967 gold and diamond watch to Dodie Marshall, his co-star in “Easy Come, Easy Go.”
SurveysMay 01, 2024
Consumer Confidence Falls in AprilConcerns about rising prices, politics, and global conflicts continue to dampen consumer outlook.
TrendsMay 01, 2024
Amanda’s Style File: All Eyes on EmeraldsMay’s birthstone is beloved for its rich green hue and its versatility.
SourcingMay 01, 2024
Opsydia Names New Sales and Marketing Director Jacqui Larsson joins Opsydia with nearly two decades of experience in the industry.
CrimeMay 01, 2024
Grand Jury to Hear Case Against Jeweler Charged in Fatal Shove Following IJO ShowLast month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.
CollectionsApr 30, 2024
12 Otherworldly Pieces From Tiffany & Co.’s 2024 Blue BookThe “Tiffany Céleste” collection reimagines designer Jean Schlumberger’s interpretations of the universe.
MajorsApr 30, 2024
Platinum Guild International Appoints New CEOTim Schlick has been promoted from his previous position as COO.
Events & AwardsApr 30, 2024
Canadian Jewellers Association Brings Back the Summit It’s the second year for the event, slated to take place in October in Toronto.
Recorded WebinarsApr 29, 2024
Watch: Diamond Identification and Evaluation - How to Protect your BusinessSupplier Spotlight Sponsored by GIA
SourcingApr 29, 2024
De Beers to Move Auction HQ from Singapore to BotswanaSales will be paused while the relocation takes place over the next few months.
CollectionsApr 29, 2024
Simone I. Smith Mixes Denim and Diamonds in New Collection“SIS x MISA Denim and Diamonds” is a collaboration between the designer and celebrity stylist Misa Hylton.
IndependentsApr 29, 2024
Venus Jewelers Relocating After 45 YearsThe retailer is moving to a newly designed space in the same shopping center.
SurveysApr 29, 2024
Mother’s Day Jewelry Spending to Reach $7B, Says NRFGifts that are unique and thoughtful are top of mind this year, according to the annual survey.
CollectionsApr 26, 2024
Piece of the Week: Jacquie Aiche’s Starry Galaxy NecklaceThe necklace is featured in the brand’s “Rebel Heart” campaign starring Adam Levine and Behati Prinsloo.
Events & AwardsApr 26, 2024
AGS Conclave and GIA Symposium Are ConvergingThe two organizations will host a joint event, “Converge,” in September 2025.
SourcingApr 26, 2024
Anglo American Reportedly Shopping De Beers as BHP Eyes Anglo Big changes appear to be on the horizon for the diamond miner and its parent company, Anglo American.
Events & AwardsApr 25, 2024
Alexis Padis Takes Over as AGS Board President Padis succeeds Lisa Bridge, marking the first time the organization has had two women board presidents in a row.
