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Old 03-26-2009, 07:26 AM   #1 (permalink)
xdn
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BankOfCityName.com

I owned a domain name BankOfCityName.com, where CityName is the name of a big city. But recently a big bank changed its name to Bank Of CityName, my question is:
what kind of website should I build now to avoid the IP infringement?

it is to say, if there will be a domain dispute of law case how can I now prepare for it?

thank you!
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Old 03-29-2009, 10:44 AM   #2 (permalink)
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That is an interesting conundrum, it sounds like you owned the domain before they changed their name; also you say owned, do you still own it?

What kind of site are you running on the domain name now?

--Tone
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Old 04-01-2009, 08:04 AM   #3 (permalink)
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yes, and yes

but I still donot know what content should I build it, so I start a new thread here to ask members to help me...

Quote:
Originally Posted by valuehosted.net View Post
That is an interesting conundrum, it sounds like you owned the domain before they changed their name; also you say owned, do you still own it?

What kind of site are you running on the domain name now?

--Tone
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Old 04-01-2009, 08:24 AM   #4 (permalink)
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From my point of view, it could not be considered squatting as you had the domain before their name change.

Perhaps you could inquire if they would be interested in purchasing the domain, that would probably be the best course of action.

--Tone
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Old 04-01-2009, 07:36 PM   #5 (permalink)
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I would not send any solicitation email.
Further more, you'll have better leverage when buyer contact you first.

As for what type of site...
Perhaps you can list all available banks in that city along with bank info and maps.
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Old 04-02-2009, 07:40 AM   #6 (permalink)
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thank you all for your help!
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Old 04-02-2009, 07:56 AM   #7 (permalink)
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I agree with Cooper; making a decent looking site with maps for instance showing the locations of the different banks and branches in the area.

That should make them very keen to inquire about purchasing the domain from you.

Good luck, wish you the best!

--Tone
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Old 04-02-2009, 10:58 AM   #8 (permalink)
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moved to Legal, hopefully one of the lawyers will chime in
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Old 04-02-2009, 04:07 PM   #9 (permalink)
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any financial info on the site will be frowned upon by the TM holder.
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Old 04-03-2009, 07:39 AM   #10 (permalink)
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Quote:
I owned a domain name BankOfCityName.com, where CityName is the name of a big city. But recently a big bank changed its name to Bank Of CityName, my question is:
what kind of website should I build now to avoid the IP infringement?
There are a few more questions you should be asking yourself.

1) Did you "just happen" to register Bank of CITY, or did you read a press announcement that Bank of WORD was changing to Bank of CITY?

2) Did you not see such an announcement, yet upon further research, it appears that one was issued?

If either of those questions can be answered affirmatively, you may have a bigger challenge ahead of you than you think.

Two cases dealing with that issue, with different results:
http://www.wipo.int/amc/en/domains/d...2007-1782.html

http://www.wipo.int/amc/en/domains/d...2009-0041.html

The difference? Both domainers clearly decided to capitalize on announcements of new business ventures. However, the first one also decided to hire a competent lawyer. The second one hired a really bad lawyer (himself).

The best thing you can do for yourself at this point is to get all your documents together that might support your position that the answer to both of the questions above is a resounding "no." Being able to prove that you registered the domain name without any actual knowledge of the bank's plans will help. But, panels (correctly so) also charge registrants with "constructive knowledge." In other words, if you had to have known or just tried to remain willfully ignorant, then you don't get rewarded for your voluntary ignorance.

So figure out when you acquired the domain (easy).

Then, figure out when the bank made its first public announcement of any kind that it might be changing its name. If that date is after your date of acquisition, this will really help you. If not, you're going to have a greater challenge defending the domain, no matter what content you use.
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Old 04-03-2009, 09:36 AM   #11 (permalink)
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thank you marcorandazza for your detailed suggestion. It is very helpful for me.

I am very lucky: the answers for your two questions are both NO. Thank you.
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Old 04-03-2009, 09:45 AM   #12 (permalink)
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May I ask how long you have owned the domain and when the announcement was made?

Good to hear that you appear to be out of the woods.

--Tone
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