MGM files WIPO for Wargames,com

[Rockefeller]

Story

The latest battle over an Internet domain name (remember those?) is being fought between an online entrepreneur and a major movie studio looking to make a long-delayed film sequel.

In September, an intellectual property lawyer for MGM Studios sent a letter to Rogers Cadenhead, who owns the Web domain Wargames.com, accusing him of “unauthorized use and registration” of that name and three other names related to MGM’s “Rocky” movie franchise. Mr. Cadenhead agreed to turn over the “Rocky” related names to MGM but refused to give up Wargames.com. On Dec. 18, Mr. Cadenhead was notified that MGM had filed a complaint with the National Arbitration Forum, which mediates many Web domain-related disputes.

The grounds for MGM’s claim go back over two decades. MGM’s 1983 movie “War Games” starred Matthew Broderick as a teenage video game geek who accidentally almost started a global nuclear war. But MGM did not register “War Games” for a trademark until 2001 — three years after Mr. Cadenhead bought the Web name. Now, MGM wants the address.

Nathan J. Hole, MGM’s lawyer, declined to comment.

“We’re laughing about the whole situation,” said Mr. Cadenhead, an author of computer books who lives in Florida and uses Wargames.com to sell video and tabletop war games. “We didn’t expect to have MGM come after us for our war games shop.” The Web site had been unused for several years after Mr. Cadenhead registered it in 1998, while he gathered capital to open the online store. He said that while he had intended to open the store on the day after Thanksgiving this year, he decided to open it in September after receiving Mr. Hole’s letter, in order to prove that he had a legitimate purpose for the Web site.

[typist]

Originally Posted by Rockefeller

Mr. Hole, MGM’s lawyer, declined to comment.

The awful fact is that his last name defined and essentially destroyed his childhood. Young Hole's cataclysmic story of growing up is a Dickensian tale that begins in humiliation and abuse, passes through deprivation and suffering and ends in redemption.

Tormented by nightmares, young Hole used to wake up and scream "one day, I'll get them all".

Now watch out for Mr. Hole.

[Rockefeller]

Originally Posted by typist

The awful fact is that his last name defined and essentially destroyed his childhood. Young Hole's cataclysmic story of growing up is a Dickensian tale that begins in humiliation and abuse, passes through deprivation and suffering and ends in redemption.

Tormented by nightmares, young Hole used to wake up and scream "one day, I'll get them all".

Now watch out for Mr. Hole.

Yes, MGM should've picked a different lawyer. I just cannot take them seriously.

The name is Hole, Arse Hole.

[DNQuest.com]

Just so I get this straight, he owned this domain (which is a great name) in 1998 and he did nothing with it until this past September AFTER he received the UDRP. This does make me wonder what was he doing with the domain for the 8 years prior. If it was just a portal or PPC, it would not surprise me if he loses. It has been said many times over, it isn't what you plan to do with a domain, it is what you are actually doing with it. Passively holding a domain is never a good idea. Developing it does hold alot of weight.

[jberryhill]

he did nothing with it until this past September AFTER he received the UDRP.

And, DNQuest....

three other names related to MGM’s “Rocky” movie franchise. Mr. Cadenhead agreed to turn over the “Rocky” related names to MGM

Okay... so he had three other names relating to MGM movies, and ....

The Web site had been unused for several years after Mr. Cadenhead registered it in 1998, while he gathered capital to open the online store. He said that while he had intended to open the store on the day after Thanksgiving this year, he decided to open it in September after receiving Mr. Hole’s letter, in order to prove that he had a legitimate purpose for the Web site.

I can't stand BS stories like that. "Wargames.com" is a pretty defensible name, but it drives me up the wall when people feel like they have to make up crap like this. So it takes eight years to "gather capital" to sell war games on a web site?

Who here believes that? You want to sell war games online? Great. Go get an Amazon affiliate ID and sell war games online. Then you can "gather capital" doing that.

But, no, this guy spends eight years "gathering capital" and only when he gets a c&d letter and coughs up other movie domains is he inspired to open his online war games shop two months early.

I can't stand crap like that.

[Acro]

http://www.wargames.co.uk

There are also numerous stores in the US that specialize in paintball gear.

[jberryhill]

There are also numerous stores in the US that specialize in paintball gear.

That's all well and good. The question is not what the domain name could be used for in some hypothetical sense. The question is why did this guy register the domain name and for what has he used it prior to notification of a dispute.

[typist]

Originally Posted by jberryhill

I can't stand crap like that.

Making up crap stories is a very human thing.

I used to get emails accusing me of being involved in phising scams on a monthly basis, most probably only because this bank guy thought the word "phishing" would give his emails a more serious touch than "parking".

[Dave Zan]

Originally Posted by Rockefeller

He said that while he had intended to open the store on the day after Thanksgiving this year, he decided to open it in September after receiving Mr. Hole’s letter, in order to prove that he had a legitimate purpose for the Web site.

Or prove he's trying to get around the complaint.

[DNQuest.com]

Originally Posted by typist

Making up crap stories is a very human thing.

.

And in the domain world, that means you'll lose the domain.

I just can't believe it just sat there for all those years without trying to profit from it legitimately. Sometimes it makes you wonder.