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| | #1 (permalink) |
| The Evil Mod Name: Ed Last Online: Yesterday 10:17 PM iTrader: (36) Join Date: Dec 2007
Posts: 8,124
DNF$: 151 Location: South Florida
Country: | Generics lose - classmates-forum.com http://www.wipo.int/amc/en/domains/d...2008-1642.html This one is a tough call - does this mean that Classmates.com (which is a web service where you can try to look up old school mates - also a HUGE spammer) has successfully filed a WIPO case to get classmate-forum.com and classmates-forum.com So, the main question is - does this give a TM holder on a generic (and the generic being used for the main meaning of the generic) full access to all domains using that generic? Seriously, I'm not sure how to take this right now (It's 6:20AM and I'm barely awake) but I think this is a sad day for generic owners. Imagine Windows Co. filing for a TM for Windows (the glass ones) then going after anyone with a Windows based domain because of the TM infringement.
__________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains |
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| | #2 (permalink) |
| Bloody lovely Last Online: Yesterday 11:19 PM iTrader: (393) Join Date: Feb 2004
Posts: 23,758
DNF$: 3,507 Location: USA
Country: | It's all about use; there are several registered marks for "classmates". Now, don't get me wrong; I detest their spam.
__________________ ![]() DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog |
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| | #3 (permalink) | |
| Last Online: 11-07-2009 07:14 PM iTrader: (106) Join Date: Sep 2004
Posts: 3,654
DNF$: 12,034 Location: USA
Country: | Quote:
If I can share one thing with all domainer's, it's that one piece. USAGE | |
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| | #4 (permalink) |
| The Evil Mod Name: Ed Last Online: Yesterday 10:17 PM iTrader: (36) Join Date: Dec 2007
Posts: 8,124
DNF$: 151 Location: South Florida
Country: | So, this ruling is saying that I can TM a generic and use it for the generic's meaning and get domains though WIPO? If true, I'm calling out tomorrow and registering some TMs.
__________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains |
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| | #6 (permalink) |
| Platinum Lifetime Member Last Online: Yesterday 09:50 PM iTrader: (7) Join Date: Jul 2007
Posts: 1,191
DNF$: 3,226 Location: CA
Country: | Now, let see. I own Classmates.com in 4 or 5 languages. Am I in trouble? ![]()
__________________ J✡Travel WhatName.com - DN Observer |
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| | #7 (permalink) | |
| DNF Addict
Country: | Quote:
I mean it's a joke if you decide on a three panel verdict it costs yourself thousands of dollars,basically if you do not have the cash to fight it forget it. WIPO=Corruption UDRP=Corruption | |
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| | #8 (permalink) | |
| Krossat Name: Rohan Last Online: 11-07-2009 02:43 PM iTrader: (41) Join Date: Jun 2007
Posts: 998
DNF$: 75 Location: krossat.com
Country: | Quote:
__________________ <<< Krossat's Blog : Launching Soon - Available Names & Drop Software Site >>> | |
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| | #9 (permalink) |
| Platinum Lifetime Member Name: Chris Desouza Last Online: 09-30-2009 01:29 PM iTrader: (13) Join Date: Apr 2007
Posts: 711
DNF$: 782 Location: New York
Country: | It is all about the bully. Common sense and rationale be damned. I could use some expletives here just in case any any moron tries to defend the bully pulpit. A TM over a generic term cannot be exclusive and absolute. |
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| | #10 (permalink) | |
| DNF Addict Name: Doug Last Online: Yesterday 12:48 PM iTrader: (175) Join Date: Jul 2004
Posts: 6,886
DNF$: 68,548 Location: Florida
Country: | Quote:
or incompetent Last edited by jdk; 01-07-2009 at 09:40 PM.. Reason: Automerged Doublepost | |
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| | #11 (permalink) |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Look if there is anyone here wants to fund my legal action that is now imminent ( and i mean imminent) then please do us all a favour and speak up. Could use my case to target WIPO lack of impartiality and decision making process. Thing is I dont think people are really interested in laying out the cash. As the said "united we stand divided we fall" and that is the problem ,domainers seem loath to get together and actually fight legally . DG If anyone on here has not read the barcelona.com Appeals Court decision then read it NOW. Want a copy then pm me your email addy. I read it the other day and it is excellent for us and knocks the UDRP into what it is, a 2nd class process. Really very interesting, and which is why I am asking someone to tell me a good registrar in Virginia. DG Last edited by domaingenius; 01-08-2009 at 03:43 AM.. Reason: Automerged Doublepost |
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| | #13 (permalink) | ||
| Platinum Lifetime Member Name: Enrico Schaefer Last Online: 03-31-2009 09:56 AM iTrader: (0) Join Date: Jul 2008
Posts: 71
DNF$: 200 Location: Traverse City, MI
Country: | Quote:
Quote:
Enrico Schaefer, Attorney Domain Name, Trademark & Cybersquatting Attorney enrico.schaefer [@] traverselegal.com | ||
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| | #14 (permalink) | |
| Philadelphia Lawyer | Quote:
What infuriates me on that point is that the UDRP was not intended to extend additional rights to TM owners. The question for the Panel is not "is the registration valid or not". This is a summary proceeding. Hence the question should be "is there a substantial issue in dispute". All of the formative documents and deliberations that went into the UDRP was that it was intended as a "lightweight" procedure and was not intended to decide where there was a "genuine issue" before the panel. After a few months of the UDRP, quite a few panelists get carried away. You've seen yourself how the decisions frequently mis-characterize the arguments. In quite a few instances, although prevailing on other grounds, I have highlighted the point that I am not asking a panel to deem a registration invalid, but merely to recognize that there is a non-frivolous question as to its validity. So, how does this relate to "rights expansion". Simple. By taking that simplistic position, the TM owner's right in a registration is converted from a rebuttable presumption to a conclusive presumption. That conversion is an expansion of rights under the UDRP that goes beyond what the registration legally affords to the TM claimant. The real kick in the pants is that panels do this while saying "since it is a lightweight procedure, we are not going to consider validity arguments", when in fact what they are actually doing in a "lightweight" procedure is deciding validity arguments - in the TM claimant's favor. What they should be doing is simply recognizing where there is a substantial non-frivolous argument, and deciding not to decide it one way or the other. Believe it or not, there have been instances in which a TM registrant, when the registration has been challenged in another forum, has presented a UDRP decision as evidence of the validity of the mark. That's simply bootstrapping.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. Last edited by jberryhill; 01-08-2009 at 11:38 PM.. Reason: Automerged Doublepost | |
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| | #16 (permalink) |
| Bloody lovely Last Online: Yesterday 11:19 PM iTrader: (393) Join Date: Feb 2004
Posts: 23,758
DNF$: 3,507 Location: USA
Country: | A DBA won't offer any protection against a federal trademark.
__________________ ![]() DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog |
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| | #17 (permalink) | |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Quote:
DG http://whosells800.com/whosells800/p...itchicann.html Last edited by domaingenius; 01-09-2009 at 03:43 AM.. Reason: Automerged Doublepost | |
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| | #18 (permalink) | |
| Platinum Lifetime Member Name: Enrico Schaefer Last Online: 03-31-2009 09:56 AM iTrader: (0) Join Date: Jul 2008
Posts: 71
DNF$: 200 Location: Traverse City, MI
Country: | Quote:
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| | #19 (permalink) |
| Philadelphia Lawyer | What's particularly maddening is that I can name certain panelists who are very bright and know completely well that I was presenting a "non-frivolous good-faith argument" of invalidity - not for the purpose of having them rule on the question, but for the purpose of demonstrating they should not rule on the question, and they will still say something to the effect of "respondent asks us to find the registration invalid". It is insidious and intentional point-missing on their part. They know exactly what they are doing.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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