I have the .com, the .net is trying to file UDRP

**Bodis.com** · 12-22-2007, 02:51 PM

I caught a name on the drops which is a .com. It isn't a trademark, but gets traffic because someone owns the .net.

Now the person that has had the .net for years, is saying he will file UDRP against me since I have the .com and am infridging on his mark.

Although, he does NOT have a trademark on the term nor the .net, nor the .com.

I have the .com parked.

Am I safe?

**nametrader** · 12-22-2007, 02:58 PM

I think you are safe unless the company owning .net is very well known brand or something. If that is the case they can argue that you registered in bad faith knowing that it is related to a known company and you are monetizing(parking) it out of their goodwill.

If the above is not true and they approach you they will have to buy it off you if at all you wish to sell it. Even they fight in court they might not have a say that wins.

My 2 cents

**CureCancer** · 12-22-2007, 03:01 PM

dont park it for now, until you know you are safe...

**Bodis.com** · 12-22-2007, 03:08 PM

It is not really even a company. The .net is a porn website that has quite some visitors and alexa rank. The .com is the one I own. How do I make a domain name not resolve?

**mvl** · 12-22-2007, 03:12 PM

In the DNS leave out the A records. If that is not possible point them to 127.0.0.1

**lordbyroniv** · 12-22-2007, 04:00 PM

I think not resolving makes it look like squatting

I would not park it nor would I let it not resolve

Can you put an "under construction" or "coming soon" page

**Acro** · 12-22-2007, 04:12 PM

Set up a religious page, then when they file for UDRP the panel's decision will be obvious

**bwhhisc** · 12-22-2007, 10:07 PM

Originally Posted by Acroplex

Set up a religious page, then when they file for UDRP the panel's decision will be obvious

**denny007** · 12-22-2007, 10:29 PM

Email me the domain I will tell you
denny startseek.com

**Dave Zan** · 12-23-2007, 09:24 AM

Originally Posted by ShytKicker

Although, he does NOT have a trademark on the term

Well, how do you know the term isn't a trademark, more so since registration
isn't required for it to exist?

**fab** · 12-24-2007, 06:21 AM

Well, how do you know the term isn't a trademark, more so since registration
isn't required for it to exist?
__________________

I think he's referring to a registered trademark, since there are legal differences between a common law trademark and a registered trademark.

**DNQuest.com** · 12-24-2007, 08:19 AM

Originally Posted by fab

I think he's referring to a registered trademark, since there are legal differences between a common law trademark and a registered trademark.

Really? what is the difference?

If a person can prove a common law TM and it is accepted by a court or panel, it is offered the same protection as a registered mark. The difference between the 2 is that there is more work in proving a common law TM.

**Banned: ernestjev** · 12-24-2007, 01:51 PM

i think better you write the domain , because no one can tell you what to do while they did not know domain

**Jagusa** · 12-24-2007, 02:40 PM

The .net appears to have a valid claim. You mention that the .net has been around for years and gets a significant number of visitors -- in most jurisdictions that is enough to establish a trademark.

Originally Posted by ShytKicker

I caught a name on the drops which is a .com. It isn't a trademark, but gets traffic because someone owns the .net.

Now the person that has had the .net for years, is saying he will file UDRP against me since I have the .com and am infridging on his mark.

Although, he does NOT have a trademark on the term nor the .net, nor the .com.

I have the .com parked.

Am I safe?

**Devil Dog** · 12-24-2007, 02:49 PM

My question is: Why wait until now to file the UDRP? What happened in the previous years?

Originally Posted by Jagusa

The .net appears to have a valid claim. You mention that the .net has been around for years and gets a significant number of visitors -- in most jurisdictions that is enough to establish a trademark.

**Jagusa** · 12-24-2007, 03:43 PM

Could be a number of reasonable scenarios -- perhaps they were waiting for the domain to expire from a registrant who had a claim preceding theirs.

Originally Posted by Devil Dog

My question is: Why wait until now to file the UDRP? What happened in the previous years?

**fab** · 12-24-2007, 04:06 PM

Really? what is the difference?

If a person can prove a common law TM and it is accepted by a court or panel, it is offered the same protection as a registered mark. The difference between the 2 is that there is more work in proving a common law TM.

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.

**Jagusa** · 12-24-2007, 04:19 PM

I am not an attorney, but I think trademark integrity is highly variable upon jurisdiction. In this case, however, the UDRP would be the authority. I suppose the best way to assess validity of claims would be to study prior decisions. There's probably a number of relevant rulings.

Originally Posted by fab

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.