I have the .com, the .net is trying to file UDRP

[mattbodis]

I am sorry that I cannot state many more facts.

Right now what I can say is that the guy still has not successfully filed UDRP. He said he did, but I received no word of anything going through. The domain is still unlocked and the guy is not responding to me. It has been now over 2 weeks.

Will update everyone.

 

[cyberlaw]

Well, I'm not 100% sure, but would appreciate a lawyers opinion on the matter. In any case, my understanding was that a common law TM had to prove being "well known", not simply any established web-site, and the burden of proof of the TM dilution is on the Common law TM owner.

Correct me, if I'm wrong.

The standards of proof vary, even from state to state, since common law trademarks are typically under a particular state's law. But, that's a good general way to think about it.

Also, another major difference is the calculation of damages. Registered trademarks can allow statutory damages and other protections that common law marks cannot.

Eric Menhart
CyberLaw P.C.
http://www.cyberlawonline.com

 

[memmst]

Reminds me similar situations, last example is topix. net that paid 1mm for topix .com

and topix .net is no porn site.

Good luck defending what is yours.

 

[Theo]

What is "1mm"?

 

[memmst]

Size of my brain. 1 millimeter.
(isn't the abbv. mm also used for million?) Get back to me on this one Acro.
Thanks you fine english speaking machine.

What's abbv.?

 

[Beachie]

Put up a business site, register a trademark then file against him

 

[wantonsoup]

Put up a business site, register a trademark then file against him

Ha ha, now that's a good one.

 

[LizzeyDripping]

How do you know they don't have a trade mark registered?

 

[tinner666]

I am curious as to what the .com was previously used for? Was it an active site? Parked? What's the archive show?

 

[Illuminosity]

I wouldn't lose sleep over it. By not registering a Trademark they will have a challenging time proving the first of the 3 elements (4.a.i) of the UDRP required to win a name.