Summary

Domain Name Registrations

• The registration of runwaymagazine.com, runwaymagazine.net and runwaymagazine.org as Internet Domain Names (website addresses), by Errol Z. Hernandez, of Canada, occurred in March and April of 1999.

• Similarly, the registration of runwaymagazine.ca as an Internet Domain Name, by Errol Z. Hernandez, first occurred in 2001 and was maintained until February 07, 2009. The current registration for runwaymagazine.ca (Creation Date: February 11, 2009) reflects the re-registration of the name by Errol Z. Hernandez.

• The four (4) Domain Name Registrations mentioned above all occurred years before any of “The Devil Wears Prada” products were published. Note: The first of “The Devil Wears Prada” products was published in 2003.

• RunwayMagazine.Com, Inc. (... a fashion focused website development company in Canada) was founded by Errol Z. Hernandez and was later assigned official use of the Domain Name Registrations (and therefore website addresses) for: runwaymagazine.ca, runwaymagazine.com, runwaymagazine.net and runwaymagazine.org.

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US Trademark Registration

• On March 10, 2009 a company in the United States of America obtained a US Registered Trademark for the name "Runway Magazine".

• The related trademark record at the US Trademark and Patent Office provides the following information:
            Goods and Service: "General feature magazines."
            Date of First Use: 20020101,
            Date of First Use in Commerce: 20070501.

• See USTPO Trademark Registration Number: 3586631.

• RunwayMagazine.Com, Inc. (... a developer of fashion related websites in Canada) is not affiliated with the "Runway Magazine" trademark (or the owner of said trademark) issued in the USA, in 2009.

• On June 10, 2009, which was shortly after the trademark mentioned above was issued, the owner of the new "Runway Magazine" (USA) trademark filed a Complaint with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, in Geneva, Switzerland, regarding the already taken Domain Name Registrations for runwaymagazine.com, runwaymagazine.net and runwaymagazine.org. 

• The Complaint followed the requirements of the Uniform Domain Name Dispute Resolution Policy (UDRP).

• Essentially, the Complainant was challenging the rights of the then (and still current) Domain Name Registration Holder (Errol Z. Hernandez) to use (and to continue to use) the three (3) runwaymagazine domain names mentioned. 

• Additionally, the Complainant requested that the WIPO Administrative Panel issue a decision that the three (3) contested "runwaymagazine" Domain Name Registrations be transferred to the Complainant.

• The Complaint was assigned Case # D2009-0762 and a Decision Date of 28-07-2009, by the WIPO Arbitration and Mediation Center.

• The decision of the WIPO Administration Panel was "... the Complaint is denied."

• Case Summary and Administrative Panel Decision information about the Complaint may be viewed by using the links shown below.