Press Release
New York, December 2, 2010 -- Kenyon & Kenyon LLP announced that a three member National Arbitration Forum panel unanimously ruled in favor of the firm's client, Future Media Architects, Inc., a leading Internet domain name company.
At issue in the dispute was the domain name, which Future Media Architects, Inc. plans to use in connection with a future development project. VEDA, which generically refers to ancient Sanskrit literature, is frequently used by numerous entities throughout the world as an acronym, as a trademark, and as a general descriptive term. Complainant, Veda GmbH, claimed to own trademark rights in the VEDA designation, which it uses in connection with its business that specializes in software development for others.
Kenyon & Kenyon LLP successfully argued that Veda GmbH's prior abandonment of the domain name over seven years ago precluded any finding of bad faith on behalf of Future Media Architects, Inc. The Panel placed special emphasis on Veda GmbH's "admitted and intentional failure" to contact Future Media Architects, Inc. after its acquisition of the domain name. Ultimately, the Panel agreed with Kenyon & Kenyon LLP's argument that there was no evidence on which a finding of bad faith could be based.
Based upon this determination, the Panel found that Future Media Architects did not register or use the domain name in bad faith. Having reached this decision, the Panel ruled that the Complainant had not carried its burden of proof, thereby allowing Future Media Architects, Inc. to retain possession of the domain name.
Future Media Architects, Inc. was represented by Kenyon & Kenyon LLP partner James E. Rosini and associates Michael Kelly and Matthew E. Moersfelder.
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Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and Silicon Valley.