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OPPER SPORTS PRODUCTIONS PREVAILS IN DOMAIN NAME DISPUTE
SOLANA BEACH, Calif. (August 1, 2002) – Opper Sports Productions is pleased to announce its victory in a domain name dispute before the World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center in Switzerland.
Cult Industries of Australia filed a Petition with WIPO in an attempt to take away the domain name <surfcult.com> from Opper Sports Inc. Opper Sports, Inc. registered the domain name in 1999. Cult Industries claimed it has been using the trademark in the United States since 1989 on Surf Cult clothing and more recently in Australia. The complaint was filed by Douglas and Mara Spong on behalf of Cult Industries.
Opper Sports Productions uses surfcult.com for the surf culture website associated with
http://www.surfhistory.com.
After a thorough review of all the documentation, WIPO determined Opper Sports Inc. was using the domain name for legitimate purposes and that the company is entitled to use and ownership of the domain name. The WIPO Arbitrator also stated that he believed Opper Sports Inc. is an ethical business and that Cult Industries might have been able to avoid the WIPO dispute resolution process by trying to resolve the matter directly.
“We produce documentaries about the surfing lifestyle and market the library on the internet, said Ira Opper, President of Opper Sports Inc. "Surfcult.com is a descriptive domain name for a website with information on the surfing culture."
David Branfman of Branfman and Associates, the attorneys for Opper Sports, Inc., had to review the 6” high, 7 lb. complaint filed by Cult Industries and file a response within 20 days. According to Branfman, “Despite Cult Industries’ attempt to win this dispute by sheer tonnage, by efficiently assembling the facts and the law we were able to prove that Opper Sports Inc. is entitled to the domain name.”
Opper Sports Inc. is a full service digital television and internet production company, currently producing their fifth season of “The Surfer’s Journal” on the Outdoor Life Network. The company also produces video and DVD titles distributed to surf shops globally and sold on the internet via surfhistory.com and surfcult.com.
For further information, contact David Branfman at http://www.branfman.com or tel. (858) 481-5800
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