RE: GypsyBee's thread

[Dave Zan]

Hi GypsyBee.

I'm not an attorney, but I'll share what I know.

Some questions:

1. How have you used the domain name ever since you got it?

2. The domain name is currently not resolving to anywhere. Can you put up
anything, even just your registrar's or Hosting provider's Under Construction
page, if any?

If you can even put up a simple "Not For Sale" page, so much the better.

Obviously dnforum's resident attorneys like JBerryhill are in a better position to
provide feedback. But while waiting, why not also search and read the other
threads here?

This forum is one of the most educational places on earth for domain name
matters, I tell you...

[GypsyBee]

Hi davezan1,

I see you already started the thread for me.

Here's my post:

I just received an email today accusing me of cyberpiracy and infringing on a TM. They said that if they don't hear from me in 48 hours with willingness to transfer the domain to them, that they will refer this issue to their "highly competent voracious trademark counsel". The domain in question is a dictionary word.

They also said, that if the transfer is done immediately, they'd be willing to provide documentation that guarantees no additional action from them. This confuses me because the only document I got from them is that one email which I hardly consider a legal action?

Just so you know, I never tried to sell them this domain name. Their business names are nothing like this domain name.

They claim to have exclusive trademark rights.

I don't know much about TM's. From what I can see, it doesn't look like they own the TM. I'm thinking perhaps they just decided to get the domain name and use it to help strenghten their TM case.

Standard Character claim: No

Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made.

Date of Status: 2004-06-10

Filing Date: 2003-11-26

Transformed into a National Application: No

Should I ignore this person's email or should I reply? Or should I be suing them for their awful accusations?

I can be way off on all this, thus my post.

I'd greatly appreciate feedback.
__________________

Hi GypsyBee.

I'm not an attorney, but I'll share what I know.

Some questions:

1. How have you used the domain name ever since you got it?

2. The domain name is currently not resolving to anywhere. Can you put up
anything, even just your registrar's or Hosting provider's Under Construction
page, if any?

If you can even put up a simple "Not For Sale" page, so much the better.

Obviously dnforum's resident attorneys like JBerryhill are in a better position to
provide feedback. But while waiting, why not also search and read the other
threads here?

This forum is one of the most educational places on earth for domain name
matters, I tell you...

1. It's listed for sale on my domain name site.

2. The domain name is pointed to my site. The reason it didn't
resolve for you is because the site is down due to server issues
at this time. it should be back up shortly.

I was thinking of just putting up a page with the definition of the word.
Is a 'not for sale' page better?

I've been a member of this forum for a few years (3 owners ago). I agree this is a great forum.

Can you get a moderator to change the title of this thread? I don't think anyone will be curious about the current thread title.

Thanks!

[Dave Zan]

Hi!

SOrry I couldn't reply sooner. But I did reply to your post in the other forum.

Anyway, I finally saw your site and it's got nice content! Again, I'm not an
attorney, but here are my thoughts:

1. As long as you haven't made any attempt to sell the name to the party in
question, you have a chance.

2. If the content of that domain name has remained that way ever since, you
have another chance.

I don't know if selling the name to just about anyone else will be taken as
"bad faith". But because the domain name has potential common words in
them, here's a UDRP case that might help:

http://arb-forum.com/domains/decisions/313566.htm