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  1. 12-28-2007, 09:16 AM #21
    Bodis.com
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    I am sorry that I cannot state many more facts.

    Right now what I can say is that the guy still has not successfully filed UDRP. He said he did, but I received no word of anything going through. The domain is still unlocked and the guy is not responding to me. It has been now over 2 weeks.

    Will update everyone.
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  2. 12-29-2007, 12:37 AM #22
    cyberlaw
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    Quote Originally Posted by fab View Post
    Well, I'm not 100% sure, but would appreciate a lawyers opinion on the matter. In any case, my understanding was that a common law TM had to prove being "well known", not simply any established web-site, and the burden of proof of the TM dilution is on the Common law TM owner.

    Correct me, if I'm wrong.
    The standards of proof vary, even from state to state, since common law trademarks are typically under a particular state's law. But, that's a good general way to think about it.

    Also, another major difference is the calculation of damages. Registered trademarks can allow statutory damages and other protections that common law marks cannot.

    Eric Menhart
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    http://www.cyberlawonline.com
    Eric Menhart - CyberLaw P.C.
    http://www.CyberLaw.Pro and http://www.Twitter.com/EricMenhart
     Note: Any comments are "general" in nature and should not be relied upon as legal advice.
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  3. 12-29-2007, 12:50 AM #23
    memmst
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    Reminds me similar situations, last example is topix. net that paid 1mm for topix .com

    and topix .net is no porn site.

    Good luck defending what is yours.
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  4. 12-29-2007, 12:52 AM #24
    Acro
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    What is "1mm"?

    DomainGang.com - Digital Entertainment for Domainers
    Acroplex - Web & Graphics
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  5. 12-29-2007, 12:59 AM #25
    memmst
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    Size of my brain. 1 millimeter.
    (isn't the abbv. mm also used for million?) Get back to me on this one Acro.
    Thanks you fine english speaking machine.

    What's abbv.?
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  6. 12-29-2007, 03:01 AM #26
    Beachie
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    Send a message via ICQ to Beachie
    Put up a business site, register a trademark then file against him

    Band.com | Surfer.com | Everybody.com | Late.com
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  7. 12-29-2007, 07:07 AM #27
    wantonsoup
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    Quote Originally Posted by Beachie View Post
    Put up a business site, register a trademark then file against him
    Ha ha, now that's a good one.
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  8. 01-11-2008, 08:01 AM #28
    LizzeyDripping
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    How do you know they don't have a trade mark registered?
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  9. 01-11-2008, 01:12 PM #29
    tinner666
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    I am curious as to what the .com was previously used for? Was it an active site? Parked? What's the archive show?
    Frank
    Domain Sales
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  10. 02-13-2008, 08:56 PM #30
    Illuminosity
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    I wouldn't lose sleep over it. By not registering a Trademark they will have a challenging time proving the first of the 3 elements (4.a.i) of the UDRP required to win a name.
    Aged Domain Names
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