AOL eyes on KOL.COM

[Yoshiki]

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]

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]

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]

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]

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]

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]

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

u would surely win this one

[Devil Dog]

What a load of B.S.

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

[scrsteven]

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]

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

[Olney]

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]

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

[typeins]

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

[sevent]

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]

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]

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]

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]

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]

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]

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?