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Old 08-07-2004, 07:14 PM   #1 (permalink)
 
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my first..UDRP case..any lawyer to help?

i have recieved emails for a UDRP case (20 august)
i need a lawyers opinion and help maybe..
the domain is: f l u k e biz
thank you
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Last edited by tassos; 08-07-2004 at 07:18 PM..
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Old 08-07-2004, 09:21 PM   #2 (permalink)
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Re: my first..UDRP case..any lawyer to help?

Seems like a generic domain, how were you using it? Just Domain Sponsor?
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Old 08-07-2004, 09:22 PM   #3 (permalink)
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Re: my first..UDRP case..any lawyer to help?

Either stick to your guns and say its generic :

http://dictionary.reference.com/search?q=fluke

or sell it to them for less than wipo fees $1000 - 2000
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Old 08-07-2004, 09:31 PM   #4 (permalink)
 
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Re: my first..UDRP case..any lawyer to help?

Quote:
Originally Posted by Steen
Seems like a generic domain, how were you using it? Just Domain Sponsor?
yes

//
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Old 08-07-2004, 09:33 PM   #5 (permalink)
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Re: my first..UDRP case..any lawyer to help?

Did you offer to sell it to anyone?
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Old 08-07-2004, 09:35 PM   #6 (permalink)
 
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Re: my first..UDRP case..any lawyer to help?

Commencement of Administrative Proceeding. In accordance with Rules, Paragraph 4(c), the formal date of the commencement of the administrative proceeding is July 30, 2004.

5. Deadlines. Within 20 calendar days from the commencement date, the Forum must receive, a Response and all exhibits according to the requirements that are described in The Rules, Paragraph 5 and the Supplemental Rules. You must also serve these on the Complainant. Your Response and exhibits must be received by the Forum by August 19, 2004 In the event the Complainant elects to have the dispute heard before a single-member Administrative Panel, and you elect to proceed with a three-member Administrative Panel, this is also the date by which you must make the required additional payment

6. Default. If your Response and/or required payment are not received by the above date, you will be considered in default. We will still appoint an Administrative Panel to review the facts of the dispute and to decide the case. The Administrative Panel will not be required to consider a late-filed Response, but will have the discretion to decide whether to do so and, as provided for by Rules, Paragraph 14, may draw such inferences from your default as it considers appropriate. There are other consequences of a default, including no obligation on our part to consider any designations you have made concerning the appointment of the Administrative Panel or to observe any guidelines you have provided concerning case-related communications.

7. Administrative Panel. The dispute between you and the Complainant will be decided by an Administrative Panel consisting of either one or three impartial and independent decision makers who will be appointed by the Forum. The Complainant in this administrative proceeding has elected an Administrative .........

and now??

Quote:
Originally Posted by domnet
Did you offer to sell it to anyone?
nope
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Old 08-07-2004, 10:16 PM   #7 (permalink)
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Re: my first..UDRP case..any lawyer to help?

http://www.dnforum.com/showthread.ph...ight=fluke.biz
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Old 08-08-2004, 12:21 AM   #8 (permalink)
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Re: my first..UDRP case..any lawyer to help?

Correct me if I'm wrong here, but doesn't the terms of service for .biz names say that you already have to have an operating business to use it with before you register a name?

Wait, that's right, the thread mole links to explains that. Sounds like you are out of luck unless you can show you already have a company by that name.
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Old 08-08-2004, 02:50 PM   #9 (permalink)
 
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Re: my first..UDRP case..any lawyer to help?

...to put it in another way..
is there any lawyer who want to take my case and get paid for it?
thank you
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Old 08-08-2004, 06:26 PM   #10 (permalink)
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Re: my first..UDRP case..any lawyer to help?

.biz names aren't worth spending thousands of dollars defending
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Old 08-09-2004, 02:37 PM   #11 (permalink)
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Re: my first..UDRP case..any lawyer to help?

I wouldn't spent $100 if it meant I would keep fluke.biz for sure
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Old 08-09-2004, 09:13 PM   #12 (permalink)
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Re: my first..UDRP case..any lawyer to help?

Some companies consider the .biz to be equal to .com for their image. That's why they targetted fluke.biz and not the .net or .org (the latter even links to actual Fluke products via PPC!)
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