My first case

**stuff** · 11-10-2002, 01:31 PM

Hello

Today I recived this email: regarding bushgardensinc.com

Comments:Notice according to rules as set out by http://www.icann.org and according to Wipo Case Case No. D2001-0651 http://www.wipo.org/
I am notifying you that Bush Gardens Inc. is my
CORPORATION In Canada and in Florida .If you search Bushfl At Yahoo you can find my case with Anheuser Busch and the arbiters decision in my favor for the subject name.The TM should be R very shortly as my application has been approved and is presently being published.Please acknowledge receipt of this message and let me know what is your intent. Fern Dumas President of Bush Gardens Inc.(Not affiliated with Anheuser Busch.)C/C for my files Nov 10/20002

**izoot** · 11-10-2002, 01:47 PM

Well...I think you will be recieving a letter from anheiser busch as well.

The problem there is what intention did you reg the name with?

Its not a name that has many uses, first thing I thought of when I saw it was the busch gardens in florida. Unless you can prove a unrelated use for the name, you will for sure lose.

Ask the guy to repay what ever reg fees you have into it and try to walk away. This is not a name that is worth going to court for...unless you have a staff of lawyers with nothing better to do, or a big pile of money you want to give away.

my 2Â¢

**stuff** · 11-10-2002, 01:50 PM

Yes I already replayed him, that he can start the transfer, and maybe he can pay me the registration fee?
I don`t know why I registered it?

**Domainaholic** · 11-10-2002, 02:23 PM

I'm not sure - but that email sounds a bit fishy, and unprofesional. Think it might be a joke?

>>I am notifying you that Bush Gardens Inc.
>>is my CORPORATION

Funny way to put it and not the words any CEO would use.

**izoot** · 11-10-2002, 02:25 PM

Good to hear...

Sometimes we have itchy trigger fingers. Seems like a good idea at the time...
problem solved...nothing lost.

As to the regitration fee, you can ask but I wouldn't count on it as you stated he can start the transfer already. I would email him and ask...but you handled like a gentleman, maybe he will too?

Losing 10$ is better than paying court fees

**Zoobar** · 11-10-2002, 02:27 PM

Should have waited for the paper copy.

**Fearless** · 11-10-2002, 02:49 PM

Stuff tell me what your best name is so I can send you an email.
I get enough of these letters that I can do a more convincing email.

President Gringo · 11-10-2002, 03:04 PM

Originally posted by Domainaholic
I'm not sure - but that email sounds a bit fishy, and unprofesional. Think it might be a joke?

>>I am notifying you that Bush Gardens Inc.
>>is my CORPORATION

Funny way to put it and not the words any CEO would use.

Those were my thoughts exactly. Sounds like somethig a 16 year old would say. If you refused to give it to him, i bet he would have called your mom a sl@g

**stuff** · 11-10-2002, 03:04 PM

Ok i get it

**izoot** · 11-11-2002, 01:31 PM

Do a little reading....While the person may not sound like a english major or corporate CEO....The case he speaks of being a part of exists and he did win it.

While I respect the opinions of those who posted...I don't think that judging a letter on its grammer is always a great idea. Its always best to research before you make blanket assumptions. Unless of course, you have lots of time and money to spend on lawyers...or your just willling to fight it out no matter the name quality.

Maybe there are extenuating circumstances, but would the name have been worth a lawsuit or the aggravation? I think not.

http://arbiter.wipo.int/domains/deci...2001-0651.html

>>>6.12 The exception concerns the domain name <bushgardensinc.com>. Respondent has registered this domain name as its corporate name, has applied for trademark status for BUSH GARDENS, INC., and has commenced preparations to use this name as a business. The Panel therefore finds that Respondent has rights to and legitimate interests in respect of this domain name. If Respondent actually intends to establish the business that he professes it is his desire to establish, this domain name is a sufficient vehicle. The Panel also notes that on Complainant's web site to which Complainant's domain name <buschgardens.com> resolves, reference is made to "Busch Gardens," to "the Anheuser-Busch Adventure Parks," and to "Busch Entertainment Corporation," but never to "Busch Gardens, Inc."<<<<

Silverwire · 11-12-2002, 01:27 AM

Originally posted by izoot

While I respect the opinions of those who posted...I don't think that judging a letter on its grammer is always a great idea. Its always best to research before you make blanket assumptions. Unless of course, you have lots of time and money to spend on lawyers...or your just willling to fight it out no matter the name quality.

I can see CEO dictating a poorly worded terse message (to perhaps not his regular "Executive Assistant" - who cleans it up well) and firing it off without reviewing it, especially if he perceives the recipient of the correspondence to be an annoying little transgressor that he'll have his lawyers step on when he has a little more time. Perhaps he actually owns enough of the company to justify calling it "his" corporation.

Personally, I'd just give up the name without being so brazen as to ask for expenses. Admit your mistake and move on. There are circumstances where I'd ask for expenses back, but not on this blatant infringement. (You should still verify the guys e-mail address that it came from, or give them a call to confirm, if you feel that attached to the name).