AOL eyes on KOL.COM - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Yoshiki** · 06-23-2006, 12:12 AM

I got the following message from the AOL lawyer the other day.

Your opinions are welcome.

__________________________________________________ _______________

As you know, this firm represents AOL LLC (“AOL”) in intellectual property matters. My client has objected to your unauthorized use of the infringing domain name “KOL.COM.” Your actions infringe upon AOL’s rights to its famous name and mark, and have caused actual confusion.

Because you have refused to settle this matter amicably and on reasonable terms, and you continue to use this domain name, we hereby notify you that we intend to proceed by filing an in rem lawsuit in the United States District Court for the Eastern District of Virginia pursuant to Section 43(d)(2)(A) of the Lanham Act, 15 USC 1125.

Sincerely,

Jim Davis

James R. Davis, II
Arent Fox PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036
Phone: 202-857-6169
Fax: 202-857-6395

**chumba** · 06-23-2006, 12:19 AM

Am I missing something here? They're claiming KOL.com is infringing on AOL? I checked KOL.com and nothing came up so I can't see what you're using it for. But if it's simply a three-letter dot com which sounds like AOL, I cannot imagine on what grounds they could sue. Sorry. I don't get it. So, they're suing everybody with three-letter dot coms that end in O and L?

**GT Web** · 06-23-2006, 12:23 AM

wow...

This will be a landmark case...I don't see how AOL can possibly win it.

Good luck...this is reverse hijacking at its worst.

Banned: LeeRyder · 06-23-2006, 12:27 AM

I concure with GTWeb, this is crap.. pure and simple.

If you truly get sued for this, please post and let this community know. I will be the first in line to make a donation to your legal defense fund and to post links on my sites pointing out the fascist actions of AOL.

Since when does AOL stand for "Achtung! online" ???

**robertjr** · 06-23-2006, 12:28 AM

As if AOL has not had enough bad press lately over "refusing" to cancel accounts.

This is just BS! It's like they think that if they bully there way around, they can get whatever they want.

Link to some funny audio:
http://media.putfile.com/AOL-Cancellation

**Yoshiki** · 06-23-2006, 12:32 AM

I agree that this is a landmark case.

I registered the KOL.COM domain name on July 30, 1997, and AOL filed the KOL word mark for the first time with the United States Patent and Trademark Office only on May 2, 2003.

**kiviniar** · 06-23-2006, 12:38 AM

Simple.....why dont u sue them back....

u would surely win this one

**Devil Dog** · 06-23-2006, 01:14 AM

What a load of B.S.

I wonder if they're going after JOL.com also.

**scrsteven** · 06-23-2006, 01:14 AM

Did you ever advertise AOL or AOL related products on kol.com, or try to sell it to AOL? If not, this is one of the worst, most flagrant attempt of reverse domain name hijacking I've heard of.

**denny007** · 06-23-2006, 01:45 AM

This corporate greed and theft attempts makes me feel less guilty about my TM typos

**Olney** · 06-23-2006, 01:54 AM

You're in Kobe man....
Tell them it's a site for Kobe's OLs

That was the purpose for it.

Kobe Online

How can a US trademark have the rights to a non US registrant that registered the domain BEFORE the US trademark was registered? If they don't have rights to it in Japan before you registered it, how can they sue you?

Move it Onamae.com or another Japanese registry man.

**Poker** · 06-23-2006, 01:54 AM

WOW...fight back Yosh, they deserve a good lawsuit. Take back some of that cash they have been stealing from newbie internet users

**typeins** · 06-23-2006, 02:04 AM

Tell them where to stick it, unless you are showing AOL related PPC pages ( or were ) no way they can win this.

**sevent** · 06-23-2006, 02:36 AM

Agreed with the rest. Attempts at reverse domain name hijacking should be punishable by firing squad. If your domain isn't safe than NONE of our names are safe.

**italiandragon** · 06-23-2006, 03:32 AM

AOL managers or whoever had the idea to try this should be invited in a mental hospital.
Put that letter on your website to piss them off and sue them back.
I can`t believe to their arrogance.

**Olney** · 06-23-2006, 03:51 AM

How can they try to claim a trademark for domain with a registration in Kobe, Japan????
Japan is not under US trademark jurisdiction....

It's totally seperate trademark laws...

**simon** · 06-23-2006, 04:32 AM

but why is KOL.com put offline? I dont see any pages in archive that might have resembled AOL's TM.
I am sure you will win the case given that u never used the name for AOL related products/ads

**Bart** · 06-23-2006, 05:09 AM

Although I also believe this might be considered as reverse domainname hijacking, I'd pay attention to what you post inhere: AOL-lawyers will definitely read this forum too.

Looks like you never put anything AOL-related on that domain, you have a strong case: keep it that.

Good luck !

**typeins** · 06-23-2006, 05:13 AM

Hopefully they read all of this and come to their senses.. although i doubt it since they are billing hours for it so regardless of merit they will go ahead.. either the owner or AOL will foot the bill.

**Ian** · 06-23-2006, 05:19 AM

true, in order to win this trademark case, there should be absolutely no evidence whatsoever that you diverted AOL traffic to your site by displaying any of their content. why is the name down in any case? Has AOL instructed the registrar to take it offline or what`s happening?

06-23-2006, 12:12 AM	#1 (permalink)
Yoshiki DNF Member Last Online: 02-23-2009 08:43 PM iTrader: (0) Join Date: Nov 2003 Posts: 118 DNF$: 1,483 Location: Kobe, Japan Country:	AOL eyes on KOL.COM I got the following message from the AOL lawyer the other day. Your opinions are welcome. __________________________________________________ _______________ As you know, this firm represents AOL LLC (“AOL”) in intellectual property matters. My client has objected to your unauthorized use of the infringing domain name “KOL.COM.” Your actions infringe upon AOL’s rights to its famous name and mark, and have caused actual confusion. Because you have refused to settle this matter amicably and on reasonable terms, and you continue to use this domain name, we hereby notify you that we intend to proceed by filing an in rem lawsuit in the United States District Court for the Eastern District of Virginia pursuant to Section 43(d)(2)(A) of the Lanham Act, 15 USC 1125. Sincerely, Jim Davis James R. Davis, II Arent Fox PLLC 1050 Connecticut Avenue, NW Washington, DC 20036 Phone: 202-857-6169 Fax: 202-857-6395

06-23-2006, 12:19 AM	#2 (permalink)
chumba Platinum Lifetime Member Name: JG Last Online: 11-20-2009 06:16 PM iTrader: (1) Join Date: Feb 2006 Posts: 99 DNF$: 391 Location: Tumwater, WA Country:	Re: AOL eyes on KOL.COM Am I missing something here? They're claiming KOL.com is infringing on AOL? I checked KOL.com and nothing came up so I can't see what you're using it for. But if it's simply a three-letter dot com which sounds like AOL, I cannot imagine on what grounds they could sue. Sorry. I don't get it. So, they're suing everybody with three-letter dot coms that end in O and L?

06-23-2006, 12:23 AM	#3 (permalink)
GT Web DNF Addict Name: Daniel Last Online: 10-25-2009 04:41 PM iTrader: (24) Join Date: Feb 2003 Posts: 6,910 DNF$: 9,193 Location: Vancouver, Canada Country:	Re: AOL eyes on KOL.COM wow... This will be a landmark case...I don't see how AOL can possibly win it. Good luck...this is reverse hijacking at its worst. __________________

06-23-2006, 12:27 AM	#4 (permalink)
Banned: LeeRyder Account Terminated Name: Lee something or other.. Last Online: 10-09-2006 02:31 AM iTrader: (2) Join Date: Aug 2004 Posts: 450 DNF$: 1,079	Re: AOL eyes on KOL.COM I concure with GTWeb, this is crap.. pure and simple. If you truly get sued for this, please post and let this community know. I will be the first in line to make a donation to your legal defense fund and to post links on my sites pointing out the fascist actions of AOL. Since when does AOL stand for "Achtung! online" ???

06-23-2006, 12:28 AM	#5 (permalink)
robertjr DNF Newbie Last Online: 11-08-2009 07:50 PM iTrader: (2) Join Date: Dec 2004 Posts: 9 DNF$: 2,787	Re: AOL eyes on KOL.COM As if AOL has not had enough bad press lately over "refusing" to cancel accounts. This is just BS! It's like they think that if they bully there way around, they can get whatever they want. Link to some funny audio: http://media.putfile.com/AOL-Cancellation

06-23-2006, 12:32 AM	#6 (permalink)
Yoshiki DNF Member Last Online: 02-23-2009 08:43 PM iTrader: (0) Join Date: Nov 2003 Posts: 118 DNF$: 1,483 Location: Kobe, Japan Country:	Re: AOL eyes on KOL.COM I agree that this is a landmark case. I registered the KOL.COM domain name on July 30, 1997, and AOL filed the KOL word mark for the first time with the United States Patent and Trademark Office only on May 2, 2003.

06-23-2006, 12:38 AM	#7 (permalink)
kiviniar Platinum Lifetime Member Last Online: 09-01-2008 05:33 AM iTrader: (7) Join Date: May 2006 Posts: 495 DNF$: 643 Location: India	Re: AOL eyes on KOL.COM Simple.....why dont u sue them back.... u would surely win this one __________________ directory blog \| free online games watch anime online \| blog directory

06-23-2006, 01:14 AM	#8 (permalink)
Devil Dog Name: Darren Last Online: Yesterday 11:21 PM iTrader: (75) Join Date: Feb 2006 Posts: 3,086 DNF$: 7,766 Location: I'm Home Country:	Re: AOL eyes on KOL.COM What a load of B.S. I wonder if they're going after JOL.com also. __________________ .::: e-nic.com :::. - semperfidelis.com - stow.org - parlaying.com - shopbooks.com and more.... Last edited by Devil Dog; 06-23-2006 at 01:18 AM..

06-23-2006, 01:14 AM	#9 (permalink)
scrsteven Last Online: Yesterday 10:59 AM iTrader: (41) Join Date: Mar 2005 Posts: 927 DNF$: 224	Re: AOL eyes on KOL.COM Did you ever advertise AOL or AOL related products on kol.com, or try to sell it to AOL? If not, this is one of the worst, most flagrant attempt of reverse domain name hijacking I've heard of. __________________ SK Domains I Buy Domain Names .com Parked.com - Try out one of the best parking programs!

06-23-2006, 01:45 AM	#10 (permalink)
denny007 Platinum Lifetime Member Last Online: Yesterday 02:06 PM iTrader: (40) Join Date: Oct 2004 Posts: 3,445 DNF$: 10,356 Country:	Re: AOL eyes on KOL.COM This corporate greed and theft attempts makes me feel less guilty about my TM typos __________________ I have PM disabled. You can email me: denny startseek com ThankYouDHL.com

06-23-2006, 01:54 AM	#11 (permalink)
Olney Platinum Lifetime Member Last Online: 01-21-2008 09:39 AM iTrader: (5) Join Date: Jul 2005 Posts: 334 DNF$: 1,082 Location: Tokyo Country:	Re: AOL eyes on KOL.COM You're in Kobe man.... Tell them it's a site for Kobe's OLs That was the purpose for it. Kobe Online How can a US trademark have the rights to a non US registrant that registered the domain BEFORE the US trademark was registered? If they don't have rights to it in Japan before you registered it, how can they sue you? Move it Onamae.com or another Japanese registry man. __________________ DnFocus - Domain Focused Search Engine - Search Your favorite forums from one simple site. Visit my blog at - IDNTalk.com

06-23-2006, 01:54 AM	#12 (permalink)
Poker Domains Biatch! Last Online: Yesterday 07:32 PM iTrader: (13) Join Date: Oct 2002 Posts: 3,152 DNF$: 12,259 Location: Nirvana Country:	Re: AOL eyes on KOL.COM WOW...fight back Yosh, they deserve a good lawsuit. Take back some of that cash they have been stealing from newbie internet users

06-23-2006, 02:04 AM	#13 (permalink)
typeins DNF Regular Last Online: 07-21-2009 06:40 AM iTrader: (12) Join Date: Dec 2004 Posts: 824 DNF$: 2,511	Re: AOL eyes on KOL.COM Tell them where to stick it, unless you are showing AOL related PPC pages ( or were ) no way they can win this.

06-23-2006, 02:36 AM	#14 (permalink)
sevent DNF Regular Last Online: Yesterday 09:24 AM iTrader: (31) Join Date: Jul 2004 Posts: 601 DNF$: 3,839	Re: AOL eyes on KOL.COM Agreed with the rest. Attempts at reverse domain name hijacking should be punishable by firing squad. If your domain isn't safe than NONE of our names are safe. __________________ Worlds shortest URL Shortener. Plus free publicity for your links.

06-23-2006, 03:32 AM	#15 (permalink)
italiandragon Platinum Lifetime Member Name: Lorenzo Last Online: 01-13-2009 07:20 PM iTrader: (22) Join Date: Feb 2006 Posts: 2,495 DNF$: 10 Country:	Re: AOL eyes on KOL.COM AOL managers or whoever had the idea to try this should be invited in a mental hospital. Put that letter on your website to piss them off and sue them back. I can`t believe to their arrogance. __________________ FOR THE BEST DEALS OF THE YEAR VISIT: ItalianDragon.com™

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06-23-2006, 03:51 AM	#16 (permalink)
Olney Platinum Lifetime Member Last Online: 01-21-2008 09:39 AM iTrader: (5) Join Date: Jul 2005 Posts: 334 DNF$: 1,082 Location: Tokyo Country:	Re: AOL eyes on KOL.COM How can they try to claim a trademark for domain with a registration in Kobe, Japan???? Japan is not under US trademark jurisdiction.... It's totally seperate trademark laws... __________________ DnFocus - Domain Focused Search Engine - Search Your favorite forums from one simple site. Visit my blog at - IDNTalk.com

06-23-2006, 04:32 AM	#17 (permalink)
simon Senior Exclusive Member Name: Simon Last Online: 11-23-2009 09:05 AM iTrader: (67) Join Date: Dec 2005 Posts: 3,057 DNF$: 220 Location: Heard & McDonald Islands Country:	Re: AOL eyes on KOL.COM but why is KOL.com put offline? I dont see any pages in archive that might have resembled AOL's TM. I am sure you will win the case given that u never used the name for AOL related products/ads __________________ On Buying Spree\| Generics and Typos\| Mostly .COM \| High Multiple paid \| Pm me the names \|

06-23-2006, 05:09 AM	#18 (permalink)
Bart Platinum Lifetime Member Last Online: 09-30-2009 05:29 AM iTrader: (6) Join Date: Apr 2004 Posts: 275 DNF$: 107 Location: Belgium Country:	Re: AOL eyes on KOL.COM Although I also believe this might be considered as reverse domainname hijacking, I'd pay attention to what you post inhere: AOL-lawyers will definitely read this forum too. Looks like you never put anything AOL-related on that domain, you have a strong case: keep it that. Good luck !

06-23-2006, 05:13 AM	#19 (permalink)
typeins DNF Regular Last Online: 07-21-2009 06:40 AM iTrader: (12) Join Date: Dec 2004 Posts: 824 DNF$: 2,511	Re: AOL eyes on KOL.COM Hopefully they read all of this and come to their senses.. although i doubt it since they are billing hours for it so regardless of merit they will go ahead.. either the owner or AOL will foot the bill.

06-23-2006, 05:19 AM	#20 (permalink)
Ian Senior Exclusive Member Last Online: Yesterday 07:43 PM iTrader: (46) Join Date: Mar 2006 Posts: 1,738 DNF$: 1,243 Location: www Country:	Re: AOL eyes on KOL.COM true, in order to win this trademark case, there should be absolutely no evidence whatsoever that you diverted AOL traffic to your site by displaying any of their content. why is the name down in any case? Has AOL instructed the registrar to take it offline or what`s happening? __________________ Always buying .COM revenue type-ins. PM me!

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