What should I do?

nextspire · 10-27-2002, 09:41 PM

I just received a legal case, where suddenly come an email from arb-forum.com mentioning that a domain name that I just registered 2 months ago is in bad faith with their client's trademark. Right now the domain is forwarded to one of my other domain.

What should I do? Usually what will happen? Domain Ownership Transfers?

This is my first time experience,, sorry for dumb question..

**bidawinner** · 10-27-2002, 09:44 PM

well for starters ..whats the domain ?

nextspire · 10-27-2002, 09:57 PM

The domain name is connected to medicine.

**bidawinner** · 10-27-2002, 10:03 PM

thats nice..let me put it this way..

if you dont want to discuss it then you are hiding something..if you are hidig something then you are probably guilty and should probably just apologize that you went brain dead for the few minutes you were registering this "medicine" domain and would be more than happy to transfer it over to the right ful owner.

not mad at you , noy upset just telling you if you are asking for advise ..you need to come clean and tell it like it is..

It's really not that big a deal... if you were wrong in the registration..then you were wrong transfer it..

But maybe they are blowing smoke up your rerar trying to get you to piss all over yourself ..

but we have no idea because you dont want to say what the domains is.. in that case..your on your on..

Good Luck!

**RacerX** · 10-27-2002, 10:14 PM

Originally posted by nextspire
I just received a legal case, where suddenly come an email from arb-forum.com mentioning that a domain name that I just registered 2 months ago is in bad faith with their client's trademark. Right now the domain is forwarded to one of my other domain.

What should I do? Usually what will happen? Domain Ownership Transfers?

This is my first time experience,, sorry for dumb question..

Setting aside mindless drivel of some posters, you will first need to weigh whether the name you have is worth fighting for. Consider your battles, and pick accordingly. Be wise. If it is not worth the fight, don't. If it is worth the fight, read as many case decisions in arb-forum, and you can prepare a case based upon precedent and relevance to your circumstances. Read and read some more. Once you have a firm understanding of several dozen cases and their relevance, you will have a 'feel' for panelists that will see things similar to the way you do. You should be able to fashion a legitimate defense from the record before you. You will then want to opt for a three judge panel and with this option, you have the capacity to chose from a list of panelists. This option likely will put things in your favor if you have read enough of the arb-forum decisions. You may also consider getting a TM lawyer, (some post on this forum) if you feel you are completely intimidated by the process (don't be--it is real simple to follow the rules and win without a lawyer).

Good luck.

RacerX

nextspire · 10-27-2002, 10:18 PM

Sorry bidawinner. Like I said I am a newbie in here. So really don't know how to deal with it.

Is it necessary to tell the domain name in here? I didn't mean to hide something.

I choose the domain to use it as a reseller products. But didn't have time to develop it. So i forwarded to other domain. And suddenly come this email...

**bidawinner** · 10-27-2002, 10:20 PM

Hey racer, stick it up your pompus ass !

Hows that for mindless drivel !

**bidawinner** · 10-27-2002, 10:23 PM

nextspire,

No it is not necessary.. but if you are asking for opinions then yes..
if you want to know what to do..you got that information in your email arb-forum.com , correct ? all the steps are clearly out-lined on their site.

nextspire · 10-27-2002, 11:10 PM

should I response to arb-forum, or should I just be quiet?

I prefer to just give the domain to them.

**GeorgeK** · 10-28-2002, 01:52 AM

If you're quiet, and lose in a default judgement, you're labelled a cybersquatter with a history in any future cases. This would put your legitimate domains at risk.

I'm not sure, but sometimes you can settle the thing by giving up the domain, and have the complainant withdraw the case so that it doesn't go to judgement. I'm not sure of the mechanics, as I've not been through it. Perhaps John, Ari or Howard know exactly how it works.

dkny · 10-28-2002, 02:14 AM

GeorgeK,

outside the topic, just wondering why you show all your information including your phone number in the signature. It's dangerous in the Internet world to reveal your information.

There are many spiders, so you information will spread to some other web sites / archive sites too.

nextspire, if you don't tell the name, so only general advice can be provided. anyway, you prefer to give up the name and that's the end of the story.

**dtobias** · 10-28-2002, 08:00 AM

I have some tips (from a non-lawyer perspective) in my site:
http://domains.dan.info/conflicts/whattodo.html

**GeorgeK** · 10-28-2002, 11:55 AM

dkny: I disagree, as it helps build trust. There's no info there that's not in a phone book.

**Fearless** · 10-28-2002, 12:34 PM

Originally posted by GeorgeK
dkny: I disagree, as it helps build trust. There's no info there that's not in a phone book.

George is Mr. Accessible.

**RacerX** · 10-28-2002, 10:48 PM

you never answered how you are handling the UDRP re: bostitch.com?

(W/about 12 registered marks for 'bostitch' by Stanley...with your site of bostitch.com selling their wares! Fat chance your gonna win an arbitration on that one...)

**Drewbert** · 10-28-2002, 11:21 PM

If he's an authorised bostitch dealer, he might win.

I recall someone owning photocopier names in the past and being able to retain them. But that was pre-ACPA.

**Fearless** · 10-29-2002, 10:37 AM

Originally posted by RacerX
you never answered how you are handling the UDRP re: bostitch.com?

(W/about 12 registered marks for 'bostitch' by Stanley...with your site of bostitch.com selling their wares! Fat chance your gonna win an arbitration on that one...)

Got my lawyer working on it now.

**Ari Goldberger** · 10-29-2002, 03:17 PM

No questions are dumb. After the complaint has been reviewed for compliance with the rules by the National Arbitration Forum (NAF), NAF will forward you an official notification of the complaint and you will have 20 calendar days to repond. You can prevail if you can prove either i) the other party does not have a trademark identical or confusingly similar to the domain; or ii) you have a legitimate interest in the domain (e.g. you use it for legitimate business purposes or have plans to; you have a trademark or are known by the domain; you are using it for a non-commercial fair use purpose; or iii) you did not register and use the domain in bad faith (e.g. you didn't register it to sell to the trademark holder; to disrupt it business; confuse users or prevent it from having a domain incorporating their trademark.

If the domain contains a common word or descriptive term, you will have a greater chance of prevailing. You will also have the option of having the matter decided by a 3-member panel which increases your chances, but costs you around $1,250. A single-member does not cost you anything. If you lose the NAF proceeding, the name will be transferred to the complainant in 10 days unless you file an action in court, which stops the transfer.

I hope this is helpful. You can file a response on your own or hire an attorney to do so.

**Fearless** · 10-29-2002, 04:07 PM

Originally posted by Ari Goldberger
You can file a response on your own or hire an attorney to do so.

If the name is valuable, I recommend you get one of the attorney members we have here to submit a response, no matter how weak a case the plaintiff has. I found this out the hard way.

**RacerX** · 10-29-2002, 05:09 PM

Originally posted by Drewbert
If he's an authorised bostitch dealer, he might win.

I recall someone owning photocopier names in the past and being able to retain them. But that was pre-ACPA.

Very true. If this was a Bostitch-approved affiliate program, they may be in tough shape themselves. Good luck gregr.