The registration of
as Internet Domain
Names (website addresses), by Errol Z. Hernandez,
of Canada, occurred in March and April of 1999.
Similarly, the registration of
as an Internet Domain
Name, by Errol Z. Hernandez,
first occurred in 2001 and was
maintained until February 07, 2009. The
current registration for
(Creation Date: February 11, 2009) reflects the
re-registration of the name by Errol Z.
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.
(... 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:
On March 10, 2009 a company in the United States
obtained a US Registered Trademark for the name "Runway
The related trademark record
at the US Trademark and Patent Office
provides the following information:
and Service: "General feature magazines."
Date of First Use: 20020101,
First Use in Commerce: 20070501.
USTPO Trademark Registration Number:
(... 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.
Complaint and Decision
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
Intellectual Property Organization (WIPO) Arbitration and
Mediation Center, in Geneva, Switzerland, regarding the already
taken Domain Name Registrations
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.
requested that the WIPO Administrative Panel
issue a decision that the three (3) contested
Domain Name Registrations be
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.
WIPO Domain Name Case Summary D2009-0762
WIPO Domain Name Decision: D2009-0762
Domain Names Mentioned in Complaint
WIPO Panel Decision
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