Oh man, my first UDRP. - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Devil Dog** · 01-31-2007, 01:20 PM

Got this in my email today:

http://www.olympicdarts.com/udrp.pdf

The sad thing about it, is this is the first time I have heard anything about a c&d or complaint.

Reading over the document, I see they sent a letter to my previous address at the exact same time that I was deployed overseas, so I never even saw that.

My concern is having to come out of pocket for anything, which I do not want to do. I am in no way trying to fight this because I believe it's simply not worth it.

So should I just reply back to the email explaining the situation and offering to transfer the domain to them?

**maroulis** · 01-31-2007, 01:26 PM

which is funny cause I was going to submit an offer yesterday for bmwdrivers.com phew..!

**Devil Dog** · 01-31-2007, 01:28 PM

Quote:

Originally Posted by maroulis

which is funny cause I was going to submit an offer yesterday for bmwdrivers.com phew..!

Oh snap, thanks for reminding me. Let me go ahead and remove that so that I'm trying to pawn my troubles off on someone else.

**Keyword Factory** · 01-31-2007, 01:43 PM

Quote:

Originally Posted by Devil Dog

http://www.olympicdarts.com/udrp.pdf

I thought the dispute was over olympic darts. You should try to find out if WIPO has an affiliate program.

**maroulis** · 01-31-2007, 01:44 PM

Quote:

Originally Posted by consumers

I thought the dispute was over olympic darts. You should try to find out if WIPO has an affiliate program.

if you read the pdf you'll see it's from BMW for bmwdrivers.com

**Keyword Factory** · 01-31-2007, 01:48 PM

Quote:

Originally Posted by maroulis

if you read the pdf you'll see it's from BMW for bmwdrivers.com

Right, it is funny that he posts that under another domain that is ripe for a UDRP.

**namewaiter** · 01-31-2007, 01:53 PM

Quote:

Originally Posted by consumers

Right, it is funny that he posts that under another domain that is ripe for a UDRP.

thinking the same thing

**Devil Dog** · 01-31-2007, 01:58 PM

Quote:

Originally Posted by consumers

Right, it is funny that he posts that under another domain that is ripe for a UDRP.

Not parked, use it for hosting personal images.

But.... so be it if they feel the need to come after me, I'll gladly hand it over.

Guess they're too busy sending out notices to the other 4000 or so domains with olympic in them.

http://domain-search.domaintools.com...ilter=n&pool=A

**Rockefeller** · 01-31-2007, 01:58 PM

lol yeah, "olympic" is another highly defended TM.

**biggedon** · 01-31-2007, 03:36 PM

Quote:

Originally Posted by Rockefeller

lol yeah, "olympic" is another highly defended TM.

so true Rockefeller

I had "londonolympiad2012.info" and they sent me a whole brochure on what NOT to do, concerning olympic related names and websites.

**Varchar** · 01-31-2007, 03:55 PM

Biggedon, mind if you can post the brochure or tell us what can and cannot do regardless the olympic domains?

It might worth awhile to find some names since they do have traffic if we obey their rules.

**biggedon** · 01-31-2007, 05:09 PM

Quote:

Originally Posted by Varchar

Biggedon, mind if you can post the brochure or tell us what can and cannot do regardless the olympic domains?

It might worth awhile to find some names since they do have traffic if we obey their rules.

not worthwhile at all imo.

can't post the whole brochure, but here are some key points from the booklet:

The Olympic Symbol etc (protection) Act 1995 (OSPA) prevents the use, in the course of trade, of any of the Olympic and Paralympic words, mottos and symbols.
Including these but not limited to...
Olympic
Olympian
Olympiad
Paralympic
Paralympian
Paralympiad, their plurals, translations and anything similiar to them.

The words, London 2012 * 2012# * LOCOG * Javelin * Team GB
(# registration of these trade marks is in progress)

More info can be found at london2012.com

**Zak Muscovitch** · 01-31-2007, 05:32 PM

You actually have a fair chance of winning this UDRP. There are varying decisions on the legality of incorporating someone else's trademark in a domain name in the context of a domain name dispute commenced by the registered trademark owner. I have picked out two for you, below. The first was lost by the domain registrant (guelphVW.com), nut the second was WON by the registrant (mercedesshop.com). I would have to say that your domain more closely resembles the second one.

http://arbiter.wipo.int/domains/deci...2003-0326.html

http://arbiter.wipo.int/domains/deci...2001-0160.html

The problem is that if you win, BMW probably isnt interested in purchasing it.

Hope this helps,
Zak Muscovitch
www.muscovitch.com

**Doc Com** · 01-31-2007, 05:56 PM

Okay, nobody look at my list.

There is a German company that owns the TM on OLYMPIC, OLYMPICS, OLYMPIAD, and OLYMPIADS. I am not sure if this is the IOC so until then I would not be too concerned with this C&D. If it is an entity of the IOC, yeah...take it serious. Clear cut guidelines as pointed out above.

Most of these C&D's stem from the Salt Lake City Winter Olympic games when domain(ers) regged thousands of them as soon as the news broke and even the host city and the IOC could not even get their own domain names. The IOC came down hard with the backing of numerous court judgements, casings, and rulings finding in favor of the IOC, both national and international rulings.

Same scenario with the 2012 Summer Games being awarded to London.

Being that Sedo is based out of Cologne, Germany...you'll never be able to park a domain with those four words mentioned above at Sedo. And anything BMW? Forget about it!

Also, don't reg anything in with the words ACADEMY AWARDS THE OSCARS NOMINEES NOMINATIONS WINNER WINNERS.

You'll just have to trust me on this one.

**bwhhisc** · 01-31-2007, 08:40 PM

Quote:

Originally Posted by circa1850

Also, don't reg anything in with the words ACADEMY AWARDS THE OSCARS NOMINEES NOMINATIONS WINNER WINNERS.
You'll just have to trust me on this one.

I can vouch for this...or anything that is "strikingly or confusingly similar".

**acesfull** · 01-31-2007, 08:58 PM

Quote:

Originally Posted by bwhhisc

I can vouch for this...or anything that is "strikingly or confusingly similar".

"confusingly similar" is one of the favorite phrases in the dirty toolbox of reverse domain hijackers (AKA SCUM OF THE EARTH).

**Doc Com** · 02-01-2007, 12:27 AM

Quote:

Originally Posted by acesfull

"confusingly similar" is one of the favorite phrases in the dirty toolbox of reverse domain hijackers (AKA SCUM OF THE EARTH).

These words were never in the text of the law firm that represents The Academy of Motion Picture Arts and Sciences. This was not just an email but registered letters sent to me.

What the text did contain and cite was the history of The Academy of Motion Picture Arts and Sciences along with the cases won regarding lawsuits for infringement and improper usages of the words THE ACADEMY AWARDS as well as THE OSCAR. You can not even use an image of the OSCAR without express written permission. The percent of cases won vs. cases lost? 100%.

http://www.oscars.org/legal/preamble.html

It also appears that this same law firm had been retained by The Academy of Motion Picture Arts and Sciences for decades. Emails are emails...suspicious, spoofing, phishing.

Four registered letters from a law firm (confirmed by a check with the Los Angeles county BBB and California Bar Association) is a different story. Very pretty and expensive legal stationary, I might add (ooooo, aaaaah).

We also had a couple telephone conversations.

**DNQuest.com** · 02-01-2007, 01:39 AM

Quote:

Originally Posted by acesfull

"confusingly similar" is one of the favorite phrases in the dirty toolbox of reverse domain hijackers (AKA SCUM OF THE EARTH).

The reality is "confusingly similar" is the staple of cybersquatter scum whose only intentions of regging the names to to solely profit from someone else's work.