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Upcoming UDRP cases -- arcade.com and others

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Respondent has repeatedly been approached by a variety of parties, including Complainant, proposing to buy the domain name ...
I always find it revealing when "domain hijackers" first offer to buy the name before trying to steal it through UDRP. Panelists should regard prior offers as the complainant's acknowledgement of the current owners right to own. And it should prohibit a hijacker from utilizing UDRP if they ever made a previous offer to buy. That's akin to asking someone if you can borrow $100 from them. And if they say "no", then you just rob them. :wink:
 
Panelists should regard prior offers as the complainant's acknowledgement of the current owners right to own.

Indeed, I regularly pick apart those offers and present them as an admission by the complainant of the respondent's rights in the domain name. Why offer to buy something you believe to belong to you by right?
 
I wish we could beat people up for domains..I would learn kung fu and go after the owner of domain.com

- cause I own domain names of course! that gives me the right...duh
 
I think the arbitrators erred, because only the "Official Mark" holder should have been able to file the UDRP. The complainant in this case didn't have the ability to register their claimed mark.
 
you have a page with a list of the decisions that you represented?

It's on my to-do list. I don't advertise, and there are some decisions to the effect that posting such lists is an inherently deceptive form of attorney advertising, because the outcome of any particular case depends on its facts, and prospective clients could be misled by such lists.

The funny thing is that if you read cases cited on law firm websites, you'd swear that attorneys never lose.
 
GeorgeK said:
2) hockeycanada.com -- seems generic enough to me, go Igal aka "Mrs Jello"

She lost.

http://arbiter.wipo.int/domains/decisions/html/2005/d2005-1050.html

I agree with rights to TM for the most part. But in some cases I feel a word is public domain. In this case I have to agree with wipo's findings. When she was served she changed the page. That's tells a story right there. It's too bad someone has to lose money. But most people who spend 20k on a name will check the details first before risking that kind of money. I would think that some of these cases will show people the risk of TM usage for financial gain without having any right to it. I'll pick up the occasional TM, not with the intention of "Sponging" anothers hard work and massive marketing. But because I have a real use for it.

Kevin.

gg HCA
 
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