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Yeah so I got the C&D today threatening UDRP and it's legit. I have had this domain since 99 I think. It's messed up and I think I will attempt to either fight them over this or possibly consider a monetary resolution. I don't feel the domain is in bad faith since there are other atari names that are not trademarked by atari corporation. I offer free email service and that's about it. I doubt i have made $100 off the domain in all these years...reg fee has cost me more. Also there are hundreds of other atari sites out there such as atariage.com atari2600.com and atari.org. AtariAge is a BIG commercial endeavor too that sells videogames..yet I get the UDRP...nonsense is what I say.
I will try and settle. I paid $1200 for the domain years ago. I have not even made 1/2 of that back. I was a newb back then and really never did the right things with the domain. I treaded carefully not to make A t a r i NET a commercial entity.
I would prefer not to just roll over and transfer this name. Since it's my first and biggest C&D I want to see how well I can do. The worst case scenario is that my corporation gets bankrupted which it already is anyways. Basically I been out of business all year and can fold at any time. My corporation is basically busted and that's who the registrar of record is. Atari Corp can kiss my ass on this one.
I always found it amusing that a game company should give itself a name that is merely a commonly-used expression in the game of Go. It's like calling a company "Check" and expecting the chess-playing world to fall in line with your business plan...
CD Solutions, Inc. v. CDS Networks, Inc., 15 F.Supp.2d 986, (D. Or., April 1998).
Plaintiff, CD Solutions - owner of the domain name cds.com - was granted declaratory judgment that the cds.com did not infringe the trademark CDS registered by CDS Networks. The District Court emphasized that the relevant confusion is the confusion that affects the purchasing decisions of the customers and that there would be no such confusion in this case. CD solutions sells compact disks while the CDS trademark of CDS Networks is registered for printing and document services. Additionally, the court notes that there is not prohibition against the use of trademarks as domain names, only those that infringe or dilute are prohibited. (citing Lockheed Martin v. NSI 43 USPQ2d 1056 (C.D.Cal., 1997)).
No offense but I've been waiting for this timebomb to explode. I can't believe you'd think that one of the oldest names in the games industry would be ok with having their tm used in anything remotely close to games. Even the logo you're using is an atari ripoff (see http://www.atari.com)
I'm sorry to hear you've invested $1200 in the name. I too had to cut my losses with another tm domain a few years ago. It's your right to fight it, it's their right to try to take it. They will probably use this case as a staging point to take over the other TLD's as well.
Atari Corp can kiss my ass on this one.
