magic-the-gathering.com

[.com.net.org]

any Legal Issue on this name ?

wizards.com
magicthegathering.com

are the official website.

Thanks

 

[pljones]

Back in May, Wizards of the Coast won this UDRP decision against the infamous John Zuccarini: http://www.arbforum.com/domains/decisions/106106.htm . The domain name was magicthegathring.com.

 

[.com.net.org]

wow, how about this one without mispelling ?

 

[pljones]

Based on the earlier decision I cited above, I think this is a risky name to hold onto.

 

[namedropper]

It's not just risky, it's illegal. You couldn't get a more clear case of cybersquatting.

 

[beatz]

I've never heard of "magic the gathering" - what is it?
And as far as i know "wizards" is the plural of "wizard", a highly generic term - so where's the TM problem here?

 

[jberryhill]

"I've never heard of "magic the gathering" - what is it?"

It is an immensely popular role-playing/card game of the Pokemon/Yugi-Oh variety, but is fairly more complex and has quite a large following.

Of course "MAGIC THE GATHERING" is their trademark for the game. So, unless one has been living in a cave for several years, it is hard to imagine what motivates a question of the form, "I registered someone's trademark as a domain name. Is there a legal issue?"

"wow, how about this one without mispelling ? "

Uh, let's see... when faced with a decision relating to mis-spelling, the question is "My domain name is identical to their trademark, instead of being confusingly similar to their trademark?" Do you really need an answer to that question?

That's sort of like finding out that it is against the law to injure someone and asking, "But what if I kill them?"

Now, you could ask "Is it illegal to kill someone?" No, it is not illegal to "kill someone". Whether it is legal to kill someone depends on the reasons why you killed them. Were you a soldier in battle? Are you the state's executioner? Were they trying to kill you? "Murder" is illegal - "killing someone" is not.

Now "killing someone" is part of the overall picture of what is generally defined as "murder", but as you can see, there is more to it than that.

Cybersquatting is similar... "registering someone's trademark as a domain name" is a part of what constitutes cybersquatting. Whether or not it *is* cybersquatting in any particular case depends on your motivation and reasons for doing it, among other things.

 

[.com.net.org]

I see all major tlds are all taken for the name "magic-the-gathering"

and even .net version is a redirect to blackborder site.
I see wizards don't want this name.
And I'm not redirect this one to adult related site which that mispelled name was.

Thanks for your pro view. I really appreciate it.

 

[jberryhill]

"I see wizards don't want this name."

Maybe they just have their own set of priorities.

Let me suggest you think of a hypothetical. I have an apple tree in my yard, and you live next door. Every year, you watch the apple tree bloom and grow apples. And, every year, you watch the apple trees ripen on the tree, fall off, and rot in my yard, because I neglect to harvest them.

After several years of this, you say to yourself, "Well if John doesn't want those apples, then I at least will do something worthwhile with them." So, you walk into my yard, harvest the apples, bake apple pies, and sell the pies.

Did you or did you not steal my apples?

 

[Mizzoula]

Originally posted by jberryhill
Did you or did you not steal my apples?

Sneaky little trap question...

He...borrowed them? (He's going to give them right back when he's finished with them!)

 

[.com.net.org]

After several years of this, you say to yourself, "Well if John doesn't want those apples, then I at least will do something worthwhile with them." So, you walk into my yard, harvest the apples, bake apple pies, and sell the pies.

I'm just walk into your yard and harvest your abandoned apples. Not yet bake them and sell them.

 

[namedropper]

So you admit you stole the appples? LOL.