UDRP arrived. I need support.

**jberryhill** · 03-27-2003, 09:35 AM

"I even created a new account on the Registrar for them to manage the name."

Oh, yes... this reminds me of the other funny little thing about dumb trademark attorneys. I mentioned elsewhere that these guys often don't know what a nameserver is, and so they don't bother to change the nameserver data after the name is theirs - essentially just picking up the tab for the registration while the original registrant continues to get the traffic.

Here's the other thing they never seem to figure out. If you are a reseller for a registrar, such as Enom or Tucows, the domain name will stay in your reseller account unless and until the transferee moves the domain name somewhere else. So, the consolation prize is that you continue to get your commission when they pay *you* to renew the domain name every year. Come renewal time, some of these folks go bananas when they find out that the effect of the UDRP was to make the complainant a customer of the respondent.

**krisblade** · 03-27-2003, 11:50 AM

The attorney of them replied that "it seems that everythingÂ´s fine right now" because their technical dept. pointed the name to one Mavericks site (redirection for them seems to be like a ownership transfer).

Anyway, I explained to them than they have to check the WHOIS, and transfer the name to the Registrar theyÂ´re using. For immediate management I changed the ownership with their info and gave to them the ID and pass of that name, so they can transfer the name to any Registrar ASAP by themselves.

**EmDub** · 04-23-2003, 04:01 PM

Originally posted by beatz
Second, i highly doubt that a WIPO panel would find the term "mavsgear" to be confusing similar to the term "Mavericks".

After reading this thread, I get the idea that if the original poster had wanted to fight it, he may have been able to hold on to the domain name. Is this correct?

My real question, however, is what would have happened if the name was MavericksGear.com? Would that be a clear and obvious trademark infringement? Even if it sold officially licensed Dallas Mavericks merchandise?

Just trying to learn the legal stuff. I had originally asked this question in the Jets/Dolphins thread, but then I found this one, which is a closer situation to what I'm asking.

Michael

**Banned: timechange.com** · 04-23-2003, 08:24 PM

Sounds like the case of Victor's Little Secret vs Victoria's Secret

**krisblade** · 09-25-2003, 07:37 AM

I just have another one.

This time from a Colombian company, but they lawyer (which asked a spanish arbitrator), does not even reply my emails. They can save a lot of time if they just contact me and ask me the domain directly (funny thing, I did not even remember I still have that name).

Anyway, they have the Colombian TM for that domain, and also the Argentinian TM. But no TM on my country.

The domain was part of a spanish package I bought from several members from this forum, the name is "caracolradio.com" and they claim to have the "Caracol" TM.

**jberryhill** · 09-25-2003, 08:23 PM

"Caracol" is spanish for "seashell". It appears in many trademark registrations around the world, and there are several radio stations which refer to themselves by that name - presumably from the association of listening to a seashell.

If you want to dump the domain name, but the attorney is unresponsive, which sometimes happens, simply request the assistance of the case manager. Copy the complainant's attorney on your correspondence with the case manager, and explain that your attempts to transfer the domain name have been met with silence.

Even if the other side does not cooperate, it turns out that at least one UDRP panel has refused to make a finding of bad faith on a record where the respondent has been attempting to transfer the domain name. They reasoned that since the respondent wasn't trying to rip off the TM owner, but was indeed trying to give them the domain name, that there was no bad faith. So, they let the respondent keep the domain name.

**aguss** · 09-25-2003, 10:11 PM

Some similar cases ;

Googlegear just changed name to zipzoomfly. For the googlegear case, the confusing seems very obvious, but for your domain name mavsgear, its quite blurry and IMO you have quite a big chance if you want to keep the name.

Ronald Lauder (plaintiff, owner of Estee Lauder) lost the fight for the domain name ronaldlauder.com. Defendant won the name without having to respond to any email/mail whatsoever.

Dont worry too much if you have no bad faith. Take it easy, its not the end of the world.

Goodluck!

Cheers
Agus S