Got a Letter - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Rocket2Uranus** · 01-30-2003, 04:57 PM

I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?

**Dingo** · 01-30-2003, 05:01 PM

**namedropper** · 01-30-2003, 05:11 PM

Boss should be fine, as long as you have non-infringing ways to use it, and those are obvious. It's up to you whether you think the name is worth the hassle of defending, though.

The others, no, no chance.

Drewbert · 01-30-2003, 05:41 PM

I'd defnitely hang onto boss.co.nz, and agree to hand over the rest IF they give you a letter stating they will not go after you for boss.co.nz at a later date.

Having looked over your site, I think you have a BUNCH of name there that you clearly bought in order to sell to TM holders for $5000 a pop.

I would be DELETING those very quickly, or developing sites that do not infringe those marks, as I think you'll find yourself in court very quickly - as have a few others in New Zealand.

Listing them for sale is a RECIPE FOR DISASTER.

You have some quite good names there - it'd be a shame for all the money earned from the sale of those go into lawyers pockets to defend yourself in court.

**Dingo** · 01-30-2003, 06:17 PM

**jberryhill** · 01-30-2003, 07:52 PM

"Unless convinced to do otherwise I am planning on just handing them over as they request.

Any thoughts"

Yes. Don't let other people tell you what *you* think is the right thing to do. It's a good way to live.

I'm reminded of a post to a legal newsgroup one time where a guy asked what he should do if he found bugs crawling inside of a piece of food he bought.

I suggested that he not eat it.

Sometimes people have odd ways of figuring out what they want to do.

Fortunately for me, Hugo Boss has promised to send me a share of the proceeds they are going to take out your hide, now that I have alerted them to your post. "Boss" is usually a generic word, but now that you have demonstrated publically that you registered "Boss" as part of a pattern of designer's names, and you have publically stated that you "shouldn't have regged them", thus publically admitting that you did something wrong....

Ummm, what was your question?

Well, I'm off to crimeforum.com where there is an urgent question from a guy saying, "I just shot my wife because she was on my nerves. Yeah, it was cold blooded murder, but things are pretty boring here in the small town of Hartly, Delaware, with a population of only 50 people. Anyway, I'm thinking of blaming it on a burglar. Can anyone with experience in this kind of thing give me suggestions on how to fool the cops?"

"I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?"

You can't see how a public statement from someone saying he shouldn't have registered it pretty much relieves the prospective complainant from having to prove much of anything?

Folks, this is a public bulletin board. It is not some private bubble known only to you, and it is CERTAINLY not a place where specific legal advice should be solicited or rendered.

**Dingo** · 01-30-2003, 08:02 PM

**Whois-Search** · 01-30-2003, 09:41 PM

http://arbiter.wipo.int/cgi-bin/doma...g&case_id=1111

http://arbiter.wipo.int/cgi-bin/doma...ng&case_id=228

**Dingo** · 01-30-2003, 09:43 PM

**Whois-Search** · 01-30-2003, 09:45 PM

http:// arbiter.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=eng&case_id=228

http:// arbiter.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=eng&case_id=1111

remove the space

**Rocket2Uranus** · 01-30-2003, 10:23 PM

Quote:

Originally posted by jberryhill
"I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?"

You can't see how a public statement from someone saying he shouldn't have registered it pretty much relieves the prospective complainant from having to prove much of anything?

Point well taken.

Aloof · 01-31-2003, 09:26 AM

Ditch the lot

You have show a pattern so Boss.co.nz can be easily claimed even though it is generic

Suprised Bruce Springstein or lancer Boss didnt get you first

**namedropper** · 01-31-2003, 04:57 PM

Well, certainly there is a pattern, which shows bad faith, but if this goes to a dispute for the boss name, he can prove legitimate use to have the name point to a site that's not infringing. And, theoretically anyway, if you meet just one out of three points in a WIPO dispute, you should be able to prevail.

As I said, it depends how much you think the name is worth to see if you want to defend. It's not an automatic loss on that one name anyway.

Aloof · 02-05-2003, 02:39 PM

If you can fund a good lawyer defend it

01-30-2003, 04:46 PM	#1 (permalink)
Dingo Platinum Lifetime Member Last Online: 05-31-2007 04:21 AM iTrader: (0) Join Date: Dec 2002 Posts: 300 DNF$: 571 Location: Down Under	. __________________ *---->* DOMAINWORLD *<----* New Zealands World of Domains Last edited by Dingo; 02-01-2003 at 03:38 PM..

01-30-2003, 04:57 PM	#2 (permalink)
Rocket2Uranus DNF Addict Last Online: 10-23-2009 06:46 PM iTrader: (24) Join Date: Nov 2002 Posts: 2,150 DNF$: 2,834 Location: Grand Rapids, MI	I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough? __________________ Quick Setup for a FREE $8.95 eNom Account

01-30-2003, 05:01 PM	#3 (permalink)
Dingo Platinum Lifetime Member Last Online: 05-31-2007 04:21 AM iTrader: (0) Join Date: Dec 2002 Posts: 300 DNF$: 571 Location: Down Under	. __________________ *---->* DOMAINWORLD *<----* New Zealands World of Domains Last edited by Dingo; 02-01-2003 at 03:39 PM..

01-30-2003, 05:11 PM	#4 (permalink)
namedropper Platinum Lifetime Member Last Online: 06-27-2009 03:38 PM iTrader: (2) Join Date: Dec 2002 Posts: 756 DNF$: 1,232 Location: Madison, WI	Boss should be fine, as long as you have non-infringing ways to use it, and those are obvious. It's up to you whether you think the name is worth the hassle of defending, though. The others, no, no chance. __________________ Dan Norder Werewolves.com, Inklings.com, OtherWoman.com and more

01-30-2003, 06:17 PM	#6 (permalink)
Dingo Platinum Lifetime Member Last Online: 05-31-2007 04:21 AM iTrader: (0) Join Date: Dec 2002 Posts: 300 DNF$: 571 Location: Down Under	. __________________ *---->* DOMAINWORLD *<----* New Zealands World of Domains Last edited by Dingo; 02-01-2003 at 03:38 PM..

01-30-2003, 05:41 PM	#5 (permalink)
Drewbert Registered User - Must Upgrade To Post Last Online: 06-17-2003 09:02 PM iTrader: (0) Join Date: May 2002 Posts: 467 DNF$: 986 Location: Mexico	I'd defnitely hang onto boss.co.nz, and agree to hand over the rest IF they give you a letter stating they will not go after you for boss.co.nz at a later date. Having looked over your site, I think you have a BUNCH of name there that you clearly bought in order to sell to TM holders for $5000 a pop. I would be DELETING those very quickly, or developing sites that do not infringe those marks, as I think you'll find yourself in court very quickly - as have a few others in New Zealand. Listing them for sale is a RECIPE FOR DISASTER. You have some quite good names there - it'd be a shame for all the money earned from the sale of those go into lawyers pockets to defend yourself in court.

01-30-2003, 07:52 PM	#7 (permalink)
jberryhill Philadelphia Lawyer Last Online: 09-18-2009 01:17 AM iTrader: (1) Join Date: Oct 2002 Posts: 2,987 DNF$: 6,350	"Unless convinced to do otherwise I am planning on just handing them over as they request. Any thoughts" Yes. Don't let other people tell you what you think is the right thing to do. It's a good way to live. I'm reminded of a post to a legal newsgroup one time where a guy asked what he should do if he found bugs crawling inside of a piece of food he bought. I suggested that he not eat it. Sometimes people have odd ways of figuring out what they want to do. Fortunately for me, Hugo Boss has promised to send me a share of the proceeds they are going to take out your hide, now that I have alerted them to your post. "Boss" is usually a generic word, but now that you have demonstrated publically that you registered "Boss" as part of a pattern of designer's names, and you have publically stated that you "shouldn't have regged them", thus publically admitting that you did something wrong.... Ummm, what was your question? Well, I'm off to crimeforum.com where there is an urgent question from a guy saying, "I just shot my wife because she was on my nerves. Yeah, it was cold blooded murder, but things are pretty boring here in the small town of Hartly, Delaware, with a population of only 50 people. Anyway, I'm thinking of blaming it on a burglar. Can anyone with experience in this kind of thing give me suggestions on how to fool the cops?" "I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?" You can't see how a public statement from someone saying he shouldn't have registered it pretty much relieves the prospective complainant from having to prove much of anything? Folks, this is a public bulletin board. It is not some private bubble known only to you, and it is CERTAINLY not a place where specific legal advice should be solicited or rendered. __________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly.

01-30-2003, 08:02 PM	#8 (permalink)
Dingo Platinum Lifetime Member Last Online: 05-31-2007 04:21 AM iTrader: (0) Join Date: Dec 2002 Posts: 300 DNF$: 571 Location: Down Under	. __________________ *---->* DOMAINWORLD *<----* New Zealands World of Domains Last edited by Dingo; 02-01-2003 at 03:38 PM..

01-30-2003, 09:41 PM	#9 (permalink)
Whois-Search Platinum Lifetime Member Last Online: 11-19-2009 05:04 AM iTrader: (0) Join Date: Apr 2002 Posts: 3,123 DNF$: 1,157 Country:	http://arbiter.wipo.int/cgi-bin/doma...g&case_id=1111 http://arbiter.wipo.int/cgi-bin/doma...ng&case_id=228 __________________ www.whois-search.com and www.domain-shop.co.uk

01-30-2003, 09:43 PM	#10 (permalink)
Dingo Platinum Lifetime Member Last Online: 05-31-2007 04:21 AM iTrader: (0) Join Date: Dec 2002 Posts: 300 DNF$: 571 Location: Down Under	. __________________ *---->* DOMAINWORLD *<----* New Zealands World of Domains Last edited by Dingo; 02-01-2003 at 03:39 PM..

01-30-2003, 09:45 PM	#11 (permalink)
Whois-Search Platinum Lifetime Member Last Online: 11-19-2009 05:04 AM iTrader: (0) Join Date: Apr 2002 Posts: 3,123 DNF$: 1,157 Country:	http:// arbiter.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=eng&case_id=228 http:// arbiter.wipo.int/cgi-bin/domains/search/CaseCatReport?lang=eng&case_id=1111 remove the space __________________ www.whois-search.com and www.domain-shop.co.uk

01-31-2003, 09:26 AM	#13 (permalink)
Aloof Registered User - Must Upgrade To Post Last Online: 08-06-2004 02:58 AM iTrader: (0) Join Date: Jan 2003 Posts: 34 DNF$: 106 Location: Europe	Ditch the lot You have show a pattern so Boss.co.nz can be easily claimed even though it is generic Suprised Bruce Springstein or lancer Boss didnt get you first

01-31-2003, 04:57 PM	#14 (permalink)
namedropper Platinum Lifetime Member Last Online: 06-27-2009 03:38 PM iTrader: (2) Join Date: Dec 2002 Posts: 756 DNF$: 1,232 Location: Madison, WI	Well, certainly there is a pattern, which shows bad faith, but if this goes to a dispute for the boss name, he can prove legitimate use to have the name point to a site that's not infringing. And, theoretically anyway, if you meet just one out of three points in a WIPO dispute, you should be able to prevail. As I said, it depends how much you think the name is worth to see if you want to defend. It's not an automatic loss on that one name anyway. __________________ Dan Norder Werewolves.com, Inklings.com, OtherWoman.com and more

02-05-2003, 02:39 PM	#15 (permalink)
Aloof Registered User - Must Upgrade To Post Last Online: 08-06-2004 02:58 AM iTrader: (0) Join Date: Jan 2003 Posts: 34 DNF$: 106 Location: Europe	If you can fund a good lawyer defend it

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