'Personally' I wouldn't go thought the hassle with it over a domain. This is probably just because I'm just 16 and things like that scare the hell outa me lol. I would rollover and give it them...
Its just weird they never even asked for it before doing this. Can they just take the domain away after ruling or can they add penalties? Still looking for anyone with experience dealing with these issues.
Stick with it. just play safe and dont allow them to take the domain without a fight...
Do they have a TM in the country that you live? Does your parked page have ads from the company?.
If the answer to either of those questions is yes I wouldn't bother fighting...
They don't really have to ask, though it's "nice" if they did.
The domain name's currently not showing anything. If you want to try to keep.
It, either be ready to dispute their claims or have someone else do so for you.
When I got the wipo I changed dns to my register but then I realized I had nothing to hide so I changed it back so dns is resolving.
I don't believe they own the TM in Canada and they could not have advertised with the "hard coded word" "flash" IMO.
Just stick to it first. See what they can do. Will they force your registrant to give your domain to them? Will they track you down?.
I think it's very unfair eventhough they have TM coz it's at other countries. IMHO..
Fight it. it's just an acronym.
I have only had one UDRP case in about 10 years. It was for a three letter .us acronym domain and filed by a university. They had a .edu domain as their official site, but wanted more. They filed for the .com, .net, and .org TLD's before or at the same time as mine. The others didn't file a response and lost. I filed a response and claimed reverse domain hijacking against them as well.
I sold for a few hundred dollars and they withdrew the UDRP case. Actually they paid more than I would have sold for had they offered directly. I filed my own UDRP response without a lawyer, but put in probably 20 hours of research and preparation before doing so. I didn't monetarily recover all the time I put in, but still figure I won based on principle and there is no record the case haunting me or them. I think they were just counting on the fact that most holders would either lose by default or do a bad job of supporting their case.
Note that in the .com case linked above, the respondent did not RESPOND, so they lost by default.
Some key things in your favor:.
*The domain is an acronym, not a word..
*Their TM is actually for cc.oo with a dot in he middle..
*Their TM is for a "stylized" trademark, This means they can't TM the letters themselves, but basically a logo of the letters. It's also only for three specific categories of goods which you'll need to find out what they are so you don't infringe.
In my case I was able to research dozens of other companies or potential uses for my acronym. Your 4 letter acrnym would be a little more difficult in that respect...
Thats what I was thinking/why I buy them. Thanks for taking the time, I shall start doing some homework.
Credit card online offers.
The only reason they won the .com extension was because no one responded to the dispute...
File a counter claim, you want to offer "credit card online offers" in spain, lol.
(Just kidding)...I wish I could tell you more then my own opinion but like adoptable already stated, do your homework, get your own evidence togehter why they don't have a stand in your opinion... don't forget to respond...Good Luck!!.
I think this is one that is worth challenging. Really, the only question is whether the name is worth the time and effort to you. As to the merits, I think you have a perfectly acceptable case, though certainly not a guaranteed win...
I am being watched (Hello).
Got a package in the mail today and was weirded out a bit by my foe sending me a stack of papers containing my posts here at NP's. They sent them to prove that I mostly buy domains to resell maybe? I do buy with the intention of developing but if offers come around before I develop I sell. Does this matter if I was going to develop or planned on selling as it's an acronym and can stand for thousands of things? I did not contact anyone about selling this domain.
This is why I buy LLLL's for the reason that they can stand for sooo MANY things (acronyms). Any other help/thoughts? I don't care what is put in this forum as I have nothing to hide.
Thanks for everyone's time, gary...
Respond...sounds like being truthful is the way to go. You could win imho and yeah...8-25 hours of work might be involved but that might be the best move you can make. You don't want your name in the archives as a loser...
They are just using a scare technique. Why would they bother to harass you if they knew they had a solid case. They are just moochers trying to get freebies. They are in the business to make a profit? sure! So if you own a certain internet property what difference does that make in the real world where a company is looking for real estate and needs it for their business? Do they take you to court to get the land for free because your property happens to be on a street named the same as that company?..
Its sad when people try to use "eminent domain"..
Haha...they started a UDRP..that's not a scare tactic! It's legal action...
This is strange, sounds more like a late april fools joke or something. Whatever you do good luck. Personally, I would like to see you fight it and win. AdoptableDomains seems to be pretty knowledgeable, I would go with some of his key points and advice *if he has more to offer...
A complainant filing an UDRP action before trying to negotiating a deal can sometimes backfire...
A domain they might have been able to acquire for a few hundred bucks, if even that much, could now potentially cost them thousands...
The domain definitely has value now; their desire to aggressively acquire it...
In my opinion, if they have any sense, they should drop the UDRP action (it's not a sure thing for them; they'll likely lose, if you fight it hard) and instead offer you around say $1K or so for a quick, no-hassle transfer - that's cheaper than the alternative, and everyone gets what they want - they get the domain, and you earn a nice profit ... a win win situation for everyone involved.
To win a WIPO case, they must prove: To have the disputed Domain Name transferred to it, Complainant must prove each of the following (Policy, paragraph 4(a)):.
(i) that the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and.
(ii) that the Respondent has no rights or legitimate interests in respect of the domain name; and.
(iii) that the Respondent's domain name has been registered and is being used in bad faith.
The fact that you register many LLLL domains could actually help your case that you didn't register or use it in "bad faith". IF you respond, they have the burden of proof to convince the panelist that the third part is true. They will use past cases of infringing parking to try to make that point. However, there are cases you can point to that make it harder to prove. I think you can prove you didn't know about them, I think you can prove there are other uses for the acronym. If you can prove none of your parking hurt them, it makes their case harder.
As stated in the previous post, your best chance is in the third requirement of the Policy: (iii) that the Respondent's domain name has been registered and is being used in bad faith.
For that, I recommend that you have into account the following:.
1) That you had no previous knowledge of the existence of a trademark with the related name, and that the owner of the trademark (if it in fact exists) does not have an important presence in the world, or at least in your own country. You have to convince the panelists that you bought the domain without any previous knowledge of the existence of the Complainant, and of any right that they could have on the name.
2) You must document as thoroughly as possible that there are multiple valid uses of the name in question, in very different areas from the Complainants' one. You have in your favor that the last letter of your name can be used as "Online", so you can find a number of acronyms using that final letter. A fast search shows results like: Cataloging Cultural Objects, City Centre Offices, Communities Creating Opportunity, Cancer Care Ontario, Clinical Care Options, etc. List as much of these acronyms as possible.
3) Declare that you never approached the Complainant to try to sell the domain. If you had specific plans to develop a site with your domain, that should be helpful. You can state that you didn't have time to start the development.
At any rate, you must respond the complaint. Most of the cases are lost because the defendants don't respond. I also suggest that you stop discussing the case in this or other forums. Good luck!..
Sell it at ebay - BIN $20 - I'll buy it and keep it safe for you....
Couldn't we all pass it around like a hot potato and totally confuse wipo...
WIPO freezes your domain so it can't be transferred I was told.
Can't - it's locked down under the UDRP, and would be a serious negative blow against you if it was somehow possible.
I've got question rather than answers to this.
The .net has been around from 2000, so how come the complainant not acquire it for all these years till Snapnames sold it? Why didn't they grab the .net when they won the .com case? Have they done enough to protect the copyright that they claim?.
Does Snap have any responsibility in this sale?..
Why the complainant didn't acquire the .net is something only they know. You.
Might have to ask them. Whether they're doing enough or not to protect their.
Intellectual property rights is also up to them.
SnapNames typically doesn't, although that won't stop someone from trying to.
Hold them liable anyway...
Amen to this! Fight this case with everything in you. Don't let anyone push you around. Then sue them for a faulty claim and wasting your time and money. Write blogs about the company and what they are trying to do to you. Make a their company sucks site and SEO the crap out of it. See who wins then.
Oh wait.. their site is in spanish. They probably have mostly spanish speakers.. Well this is what google translate is for then! PM me if you need some help setting up their anti-site, I'd gladly help!..
Actually it was a flash media type of site and someone let it go and they must have been waiting for it. They won the .com because the .com owner didn't respond to wipo in the (I think it's 20 days to respond) timeframe allowed and it was forfeited. They didnt go after the .net at that time IMO as it was a fully running site. I like your enthusiasm but alas time to me is more precious than money. Thanks for the offer.