www.mtvdesi.com

[rockaway12]

Hello a friend of mine recieved an email from the WIPO, about a claim that has been filed by Viacom media with respect to this domain name they say that they have exclusive rights to this domain? any advice

[Dave Zan]

Originally Posted by rockaway12

any advice

Just two:

1. Get a lawyer, or:

2. Give it up.

Not an attorney but will share based on what I've found.

The site says it's for sale. I doubt the current registrant will be able to defend
it, especially since the domain name isn't "generic".

Plus you shouldn't have posted the actual domain name here.

[namedropper]

Same as always in these cases:
Prove you have a reasonable use for it that is non infringing, if you can. I have no idea what your alleged friend thinks a "mtvdesi" is, but if it's something completely unrelated to MTV the music television cable channel and company (or otherwise not infringing upon the field that trademark is used in), then you should be OK. If "Desi" is the name of a VJ or something and your, um, friend got it to try to put up a site about him/her, then including "MTV" in it was a really bad idea. Or if "Desi" related to the MTV company in some other way and it was registered knowing that, you're best bet is just to give it up.

[rockaway12]

Originally Posted by namedropper

Same as always in these cases:
Prove you have a reasonable use for it that is non infringing, if you can. I have no idea what your alleged friend thinks a "mtvdesi" is, but if it's something completely unrelated to MTV the music television cable channel and company (or otherwise not infringing upon the field that trademark is used in), then you should be OK. If "Desi" is the name of a VJ or something and your, um, friend got it to try to put up a site about him/her, then including "MTV" in it was a really bad idea. Or if "Desi" related to the MTV company in some other way and it was registered knowing that, you're best bet is just to give it up.

Are there any lawyers out there who can help with this ?

[namedropper]

Originally Posted by rockaway12

Are there any lawyers out there who can help with this ?

Are you looking to hire a lawyer? Then check the contact info provided by those who post here.

Are you looking for free help defending what is an obvious trademark infringement, barring some miracle alternative explanation you refuse to give? Dream on.

[jberryhill]

India West, News Report,
Lisa Tsering, Dec 17, 2004

Plugged-in young Indian Americans, you need no longer snicker at the weepy satellite serials and homegrown Saturday morning shows that have served till now as your only link to Indian pop culture: “MTV Desi” is here.

On Dec. 14, MTV announced the launch of MTV Desi, a new channel catering to Indian Americans. The channel will feature some of the most popular MTV shows from India, along with local content such as Indian American VJs, music and live events, and will run 24 hours a day.

Domain Name: MTVDESI.COM
Created on: 14-Dec-04

Registrant:
torontoseeker
60 bristol rd e
toronto m5m4r4
Cameroon

Gee, what a coincidence.

Are you looking for free help defending what is an obvious trademark infringement, barring some miracle alternative explanation you refuse to give? Dream on.

The "Desi" thing first made me think of Desi Arnaz, and I was going to say:

"Looooo-cy, you got some 'splainin' to do!"

[Joe]

Nice website: "Hello This is my personal site dedicated to Mega Trucks and Vans. My Name is Josh and this is my personal website. My Nickname is Desi"

My guess is that you did not put that particular webpage up until after you received notice from Viacom of the pending wipo action. I think you are reaching here, reaching farrrr my friend. I think the wipo panel serving on this case would have to be suffering from a bad case of bird flu, to not see past the smoke and mirrors present here, and realize the true intent behind your registration of this domain name.

As the public record (pointed out by Berryhill) reflects a registration date for this domain to be the same as the date MTV announced its plans to go forward with a MTV DESI project, I think you're basically a, "fish out of water". Also, your makeshift "monster trucks and vans" website combined with the fact that your original webpage indicated the domain was for sale, along with your public posting here at dnforum, probably puts your chances of success in a wipo action at a quarter past ZERO.

Your first mistake was thinking that you would somehow be able to profit off the registration of someone elses mark.
Your second mistake was actually registering this domain.
Don't make the final mistake of throwing more money out, by hiring a lawyer to assist you in your futile effort to defend your (lack of rights) to this domain.

I tell you, it never ceases to amaze me that even in 2005, some domainers seem stuck in 1999, exercising such poor judgement by choosing to register these ticking timebomb domains, and then only after receiving the inevitable UDRP "notification", does reality begin to bite. Perhaps some just have a need to live dangerously, and it's the "high" of struggling with the fight or flight endocrines that push these particular domainers to the limits of what Joe's like me consider to be extreme stupidity. Who knows?

Good luck.

-Joe

[Ovicide]

This was in the "Domain Decisions" mail from wipo.int today:

http://arbiter.wipo.int/domains/deci...2005-0232.html

The panel noticed the same "coincidence" as Dr. Berryhill:

Against the backdrop of this dearth of supporting evidence, one may find the coincidence in dates between the Complainant’s announcement of the MTV Desi Channel and the registration of the domain name surprising.

[Sarcle]

I do love the "coincidence." But if MTV or should I say "the newest soap opera channel" and Viacomm had any sence they would have registered it before they announced it. But sorry man, you don't have a snowballs chance in hell.


addition: sorry didn't read the verdict. I guess you didn't have a snowballs chance in hell. It is still registered at godaddy though.

[Dave Zan]

Oh well, at least he put up a fight.

Yup, it's still with Go Daddy and the registrant. MTV's probably too busy doing
more videos. :-D