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Who are YOU to take my TM domain anyway?
I didn't realize this until now.
An european company is threating to take a domain from me. I don't use the domain for anything other than parking. There are 35 trademarks applications in Europe, 12 in the US and 5 in Mexico.
Why on earth should I transfer the domain to a certain company?
Why to them?
First come, first served ?
What if I donate the domain to one of the mexican TM owners, you for the pleasure of annoy them?
Last edited by fischermx; 02-27-2007 at 06:25 PM.
I guess it’s the first tm company that puts up valid case?. And unfortunately parking the name will be classing the domain as being used in bad faith. Unless you can prove you are using it for developing.
I like this idea a lot, having a valid trademark they will be able to defend the rights to this name and I hope they are willing to do so. I’m one of the many people that would like to see laws and regulations change so that anyone who owns a trademark doesn’t think that they have a god given right to own every extension in there name. I think the only right they should have should be the country of origin extension in which they filed for trademark.What if I donate the domain to one of the mexican TM owners, you for the pleasure of fück them up?
Use a Registrar somewhere in Asia or the Cayman islands and use privacy protection, another words, make it as hard as possible for them to WIPO the domain, and dont reply to their emails or phone calls. If your planning to donate it, you'll have to do it before your Registrar is put on notice, where there required to freeze the domain until the case is settled.Originally Posted by fischermx
If you voted for our current President in 2008 to prove you weren't a racist,
please vote for someone else in 2012 to prove you're not an idiot. Thank you
RG, that's pointless. A UDRP case *will* go forward using the WHOIS data. Failure to respond will result in loss of the domain.
Are you saying there are no jurisdiction issues?....It would be up to the Registrar to comply wouldnt it?
If you voted for our current President in 2008 to prove you weren't a racist,
please vote for someone else in 2012 to prove you're not an idiot. Thank you
The panel would most likely decide in favor of the complainant due to lack of response. It is important to respond to a UDRP even if the chances of winning it are slim.
Did the domain name's parking page show ads of competing products?
Vidi, Vici, Veni!
There are no jurisdiction issues. The UDRP is a contract provision which (a) is required by ICANN to be incorporated into domain registration contracts and (b) adherence to which is required in the registrar accreditation agreement.Are you saying there are no jurisdiction issues?....It would be up to the Registrar to comply wouldnt it?
So, sure, the registrar can refuse to comply, and then be de-accredited by ICANN and cease to be a registrar.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
Well, I guess that answers that.
If you voted for our current President in 2008 to prove you weren't a racist,
please vote for someone else in 2012 to prove you're not an idiot. Thank you
Not responding to UDRP does not automatically cause you to lose the case.
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You did not mention what extension the domain is. If it is any of the extension located in the US, even if you get rid of it you can still be held liable and prosecuted under the Lanham Act. Look up the penalties if you get a company that wants to make an example of you.
Track emails that you send, PM me to find out how....
ohh fun..Lanham Act
I'm buying credit, banking, loan, insurance related generics in .com, .net, .org with high search volumes/traffic. Will consider typos too! - PLEASE PM with name, info, & asking price!
Nope, it show ads related to other of the dozens related trademarks.
It is a generic term in spanish which could be used for anything.
BTW, I'm in Mexico, and I think specific US laws can't reach me, even if I live somehow near to the border
Extension is .mobi
BTW, I've read a couple of UDRP cases where even when the respondent failed to respond it did not lost the domain.
This is true... but take then number of undefended cases and sort them out, I would guess the percentage is like >99 of an unresponded UDRP winning.BTW, I've read a couple of UDRP cases where even when the respondent failed to respond it did not lost the domain.
Track emails that you send, PM me to find out how....
good to know
Domaining to the max.
True. I saw statistics on this years ago and the numbers were up around 98% or 99%. Of course, it could be that people default more often in less winnable cases, which probably has something to do with the numbers as well. Contested cases are generally contested for a reason -- it is a closer case or there is more at stake.This is true... but take then number of undefended cases and sort them out, I would guess the percentage is like >99 of an unresponded UDRP winning.
As long as one avoids the "open mouth, insert foot" syndrome, it is generally better to file any kind of response against an overreaching claim than none at all.
Brett E. Lewis, Esq.
brett@lewishand.com
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