mynewmercedes.com

**netau** · 01-28-2003, 10:33 AM

Hi

mynewmercedes.com and mercedesfashion.com

I was quite proud of these 2 new DN regs until Dan in appraisals forum pointed out I was cybersquatting and could be fined.

I am thinking if mrs mercedes wants a web site for her new baby , why can't she have one , just because there is a car nicknamed the same name as her surname.

As for mercedesfashion.com , Mr Mercedes wanted to reserve the name for the boutique he plans to give to his baby, when she turns 21

Does all that put me in the clear, if I all of a sudden I don't want the DNs anymore and decide to sell them

Regards
Joee

**Cyberights** · 01-28-2003, 11:09 AM

Joee, in a domain name dispute proceeding, you would have to show that you have legitimate interests in the name and that you did not register the name in bad faith.

Perhaps, Mr or Mrs Mercedes can prove that they would have legitimate interests in the name but I do not think that you could show rights in the name. One has to ask why you didn't select liebowitzfashions.com; for example, or whether you selected the name because of the famous trademark?

In addition, Daimler has been filing domain name disputes against those who were using mercedes in the domain name for non-commercial purposes.

Here is a listing in which Daimler has successfully won their complaint:

Domain
Name(s) Commenced
dd-mm-yyyy Proceeding
Number Status
1. mercedeshomestexas.com
22-01-2003 NAF FA00142322
Pending
2. mercedeshomesflorida.com
21-01-2003 NAF FA00142324
Pending
3. driveamercedes.com
24-11-2000 WIPO D2000-1554
Name transfer <http://arbiter.wipo.int/domains/deci...2000-1554.html>
4. mercedesshop.com
13-02-2001 WIPO D2001-0160
Decision for respondent <http://arbiter.wipo.int/domains/deci...2001-0160.html>
5. mercedesbenzmotorcompany.org
mercedesbenzmotorcompany.net
mercedesbenzmotorcars.com
mercedesbenzmotorcars.org
mercedesbenzmotorcars.net
mercedesbenzmotorcompany.com
19-02-2001 WIPO D2001-0229 Dismissal without prejudice

I would read number the number 4 "mercedesshop.com" decision to learn more about legitimate interests in a name.

Best of Luck

**netau** · 01-29-2003, 05:56 AM

Very well done David. Thank you very much.
So kind of you to post such an informative reply.

That legal team must be very busy because there a 100s of mercedes DNs registered
Saw 5 on ebay selling well the other day

So what I do if I don't want to cause a fuss.
Can I give em back?
Or do I write to em and ask do they want them for free.
Maybe I could slug 'em a transfer fee.
Actually it is highly unlikely they would want ownership.
So what risk do I run if I put em on ebay for $1 tonight?

Thanks again David

Cheers
Joe

**Host Queen** · 01-29-2003, 06:31 AM

hey joe,

i wouldnt worry, as someone has previously said that the companies generally sue when the site becomes really popular, so whats to stop you from selling the domains now???

i like the domains, but yes only an enthusiast like me would be willing to pay say no more than $50 USD for them!

**pljones** · 01-29-2003, 08:44 AM

Or if you are really worried about a legal fight over the names, you could contact your registrar and have the names deleted and put the money you spent toward some names with less problems.

**jberryhill** · 01-30-2003, 08:21 PM

"I am thinking if mrs mercedes wants a web site for her new baby , why can't she have one , just because there is a car nicknamed the same name as her surname."

Yeah, that's great. When is your baby due, by the way. Because if you aren't Mrs. Mercedes, then what does this story have to do with *your* reality.

I got pulled over for speeding the other day, and I told the cop, "But, officer, if I had a bleeding gunshot wound victim in the backseat, and I was on my way to the emergency room, then it would be justifiable for me to drive at 100 miles per hour."

He gave me a speeding ticket anyway. Can you believe that?

"i wouldnt worry"

Of course you wouldn't. Because if Daimler decided to sue this guy and request $200,000 in statutory damages under the ACPA, then it won't be *your* problem, now will it.

I represented the respondent in the mercedesshop.com case. There is a world of difference between having a legitimate interest and spinning hokey after-the-fact yarns about why one registered a domain name.

**TexasFilly** · 01-30-2003, 08:39 PM

fine vehicle.. i have one. a few yrs old.. so it's not "new".. but it's still a joy to drive. Funny story.. recently I went to the corner store with my dog/golden lab/ DIXIE in the car.. was in the store for a good while, and DIXIE kicked the car in reverse, and it slowly colided with another vehicle in the parking lot.. none other then the mayors daughter. hee-hee.. just my luck ;-)

**GiantDomains** · 01-30-2003, 08:44 PM

Originally posted by netau
Hi
I am thinking if mrs mercedes wants a web site for her new baby , why can't she have one , just because there is a car nicknamed the same name as her surname.

As for mercedesfashion.com , Mr Mercedes wanted to reserve the name for the boutique he plans to give to his baby, when she turns 21

So I take it your last name is Mercedes....

Whether you regged it to sell to Mercedes Inc, or to Mr. Mercedes, BOTH are cybersquatting.

Get it, got it, good.

**netau** · 01-30-2003, 11:18 PM

No .....My name is not Mercedes
That is bleedingly obvious from whois.
But my client's name is Mercedes.

Actually, I might change my my name by deed poll to Mercedes just for fun!!

I gave my client a print out of this thread and they freaked!!

They are not wealthy, but probably a bit overcome by the new baby.

So I sold the domain last night (my time) on Ebay for $3
Dropped $5 on the deal, but at least I have learnt to check TMs more carefully.
Am I still eligible to be sued by Daimler?
If I am , I will reneg on the ownership transfer.

Do you people always write like you are in a really bad mood or is it just that you don't like newbies? (David of The first reply excuded of course)
Regards
Joe

**jberryhill** · 01-31-2003, 11:55 AM

"Do you people always write like you are in a really bad mood or is it just that you don't like newbies? "

Having been a veteran of usenet flame wars dating back to the early 1980's, I have no problem admitting that some of the casual things that I post here in my spare time have something of a sarcastic edge to them. Some folks are put off by that... oh well, too bad.

But if you want to see people in a "bad mood", then wait until you hear from people who want to sue you for a large pile of money, instead of people who take time that they could spend doing better things trying to share some insight into the dynamics of internet legal issues.