Domain Owner Wins Wargames.Com UDRP

[rcade]

The National Arbitration Forum just released its decision in Metro-Goldwyn-Mayer Studios Inc. v. World Readable c/o R.L. Cadenhead, the domain-name dispute in which the film studio tried to take Wargames.Com away from me because it owns a trademark related to the 1983 film WarGames and the upcoming sequel WarGames 2: The Dead Code.

My blog entry with more info:

http://www.cadenhead.org/workbench/news/3119

The decision:

http://domains.adrforum.com/domains/...ons/868828.htm

Without attorneys Wade Duchene and Brett E. Lewis, I couldn't have won this dispute. If you're in a UDRP dispute or you fear you're going to get into one, I recommend them both highly.

[Ian]

Congrats on the win! Good job Brett!

[Devil Dog]

Nice.

[Dave Zan]

I don't mean to be a killjoy or whatever, but I'd suggest being careful posting
online about this matter. The other party can always go to Court if they so
choose, and even go as far as using your online posts against you.

In any case, congrats for the win. And kudos to Brett and Mr. Duchene.

[rusty123]

Good decision, Congrats.

[BILLBO]

Well done mate.

[Dimva]

Cool! Congrats!

[rcade]

Originally Posted by Dave Zan

I don't mean to be a killjoy or whatever, but I'd suggest being careful posting
online about this matter. The other party can always go to Court if they so
choose, and even go as far as using your online posts against you.

True.

The other party already has tried to do that -- MGM included several of my recent weblog posts in its additional complaint. I made the decision that I was going to wage this fight publicly on my blog and with any reporters who wanted to talk to me. My next book is going to be on how domain owners can protect themselves from UDRP grabs.

I'm building up a big UDRP category on my blog:

http://www.cadenhead.org/workbench/tag/udrp

[EJS]

Originally Posted by rcade

True.

The other party already has tried to do that -- MGM included several of my recent weblog posts in its additional complaint. I made the decision that I was going to wage this fight publicly on my blog and with any reporters who wanted to talk to me. My next book is going to be on how domain owners can protect themselves from UDRP grabs.

I'm building up a big UDRP category on my blog:

http://www.cadenhead.org/workbench/tag/udrp

I think the first step is hiring a knowledgable attorney like Brett Lewis or John Berryhill.

[Creature]

Congratulations

[Focus]

You should definitely sell it to them now.

[Brett Lewis]

You should definitely sell it to them now.

If you read the decision, you will see that selling the domain name was never World Readable's intent. Also, offering a domain name for sale after winning a UDRP or litigation in court can be used as evidence of bad faith intent in a future proceeding (yes, it would likely constitute "new evidence" sufficient to support the filing of another UDRP over the same domain name). You essentially take a good faith use and make it look like a bad faith one.

Brett E. Lewis, Esq.

[Focus]

Ok, but they are going to "have" to buy it...I love the whole "never intended it for sale" angle...like anyone really believes that crap! lol

[Brett Lewis]

I love the whole "never intended it for sale" angle...like anyone really believes that crap! lol

At the risk of sending you into convulsions, I've represented a number of clients who registered dictionary word domain names and never entertained the idea of selling to a trademark holder. When forced into a "fight or sell" situation, some clients will opt to sell, just to avoid the cost of litigating, and others sell because they see an opportunity to profit. I have had a number of clients, however, who refuse to sell, on principle. They registered legitimate domain names for a legitimate business purpose and actually want to be left alone to use them.