Who are YOU to take my TM domain anyway?

[fischermx]

I didn't realize this until now.
An european company is threating to take a domain from me. I don't use the domain for anything other than parking. There are 35 trademarks applications in Europe, 12 in the US and 5 in Mexico.

Why on earth should I transfer the domain to a certain company?
Why to them?
First come, first served ?

What if I donate the domain to one of the mexican TM owners, you for the pleasure of annoy them?

 

[rusty123]

I guess it’s the first tm company that puts up valid case?. And unfortunately parking the name will be classing the domain as being used in bad faith. Unless you can prove you are using it for developing.

What if I donate the domain to one of the mexican TM owners, you for the pleasure of fück them up?

I like this idea a lot, having a valid trademark they will be able to defend the rights to this name and I hope they are willing to do so. I’m one of the many people that would like to see laws and regulations change so that anyone who owns a trademark doesn’t think that they have a god given right to own every extension in there name. I think the only right they should have should be the country of origin extension in which they filed for trademark.

 

[Raider]

I didn't realize this until now.
An european company is threating to take a domain from me. I don't use the domain for anything other than parking. There are 35 trademarks applications in Europe, 12 in the US and 5 in Mexico.

Why on earth should I transfer the domain to a certain company?
Why to them?
First come, first served ?

What if I donate the domain to one of the mexican TM owners, you for the pleasure of annoy them?

Use a Registrar somewhere in Asia or the Cayman islands and use privacy protection, another words, make it as hard as possible for them to WIPO the domain, and dont reply to their emails or phone calls. If your planning to donate it, you'll have to do it before your Registrar is put on notice, where there required to freeze the domain until the case is settled.

 

[Theo]

RG, that's pointless. A UDRP case *will* go forward using the WHOIS data. Failure to respond will result in loss of the domain.

 

[Raider]

RG, that's pointless. A UDRP case *will* go forward using the WHOIS data. Failure to respond will result in loss of the domain.

Are you saying there are no jurisdiction issues?....It would be up to the Registrar to comply wouldnt it?

 

[Theo]

The panel would most likely decide in favor of the complainant due to lack of response. It is important to respond to a UDRP even if the chances of winning it are slim.

 

[Dave Zan]

I don't use the domain for anything other than parking.

Did the domain name's parking page show ads of competing products?

 

[jberryhill]

Are you saying there are no jurisdiction issues?....It would be up to the Registrar to comply wouldnt it?

There are no jurisdiction issues. The UDRP is a contract provision which (a) is required by ICANN to be incorporated into domain registration contracts and (b) adherence to which is required in the registrar accreditation agreement.

So, sure, the registrar can refuse to comply, and then be de-accredited by ICANN and cease to be a registrar.

 

[Raider]

There are no jurisdiction issues. The UDRP is a contract provision which (a) is required by ICANN to be incorporated into domain registration contracts and (b) adherence to which is required in the registrar accreditation agreement.

So, sure, the registrar can refuse to comply, and then be de-accredited by ICANN and cease to be a registrar.

Well, I guess that answers that.

 

[Steen]

Failure to respond will result in loss of the domain.

Not responding to UDRP does not automatically cause you to lose the case.

 

[DNQuest.com]

You did not mention what extension the domain is. If it is any of the extension located in the US, even if you get rid of it you can still be held liable and prosecuted under the Lanham Act. Look up the penalties if you get a company that wants to make an example of you.

 

[Focus]

Lanham Act

ohh fun..

 

[fischermx]

Did the domain name's parking page show ads of competing products?

Nope, it show ads related to other of the dozens related trademarks.
It is a generic term in spanish which could be used for anything.

BTW, I'm in Mexico, and I think specific US laws can't reach me, even if I live somehow near to the border :smilewinkgrin:

Extension is .mobi

BTW, I've read a couple of UDRP cases where even when the respondent failed to respond it did not lost the domain.

 

[DNQuest.com]

BTW, I've read a couple of UDRP cases where even when the respondent failed to respond it did not lost the domain.

This is true... but take then number of undefended cases and sort them out, I would guess the percentage is like >99 of an unresponded UDRP winning.

 

[GAMEFINEST]

good to know

 

[Brett Lewis]

This is true... but take then number of undefended cases and sort them out, I would guess the percentage is like >99 of an unresponded UDRP winning.

True. I saw statistics on this years ago and the numbers were up around 98% or 99%. Of course, it could be that people default more often in less winnable cases, which probably has something to do with the numbers as well. Contested cases are generally contested for a reason -- it is a closer case or there is more at stake.

As long as one avoids the "open mouth, insert foot" syndrome, it is generally better to file any kind of response against an overreaching claim than none at all.