You seem to be cherry-picking a lot of TM'd terms, and then responding with a typical "Why am I getting picked on!" attitude...
A) Attempted to auction the domain name, but no takers means you either priced it too high or everyone else was smart enough not to get involved..
B) "sent emails to almost all the top dogs in the company" - While I appreciate the determined spirit, that spirit may well be the determining factor in a UDRP or, heaven forbid, ACPA/Lanham Act..
C) "After emails to the boss his wife son and daughter"... What the heck? You're kidding me?.
Ok, your other threads here, , show a consistent pattern of registering TM names for the purpose of profiting from said trademark, although you imagine yourself to be quite clever in excusing away any culpability.
Sorry, but you may have bitten off more than you can chew.
That company is will known in protecting their TM. They have every right too. And frankly, I don't believe your story either.
Yes, the whole family is involved in the business (with the daughter the heir appearent as opposed to the older son). But why mail all of them, you need to contact the lawyers that contacted you...
Any trademarked name can be taken away once ICANN receives a letter of complaint with a proof of trademark.
You lose the domain and can get sued. What a worth it deal, eh?..
That's grossly misstating the process... If that was all it took, we'd all be doomed..
Take a few minutes to look at the 3 part test that is used, then decide if that statement makes much sense (And BTW, ICANN doesn't decide anything, the arbitration forums do).
You e-mailed his wife? And KIDS? Maybe you ought to try stealing his dog...
WWE is probably extra sensitive to the TM process since they lost WWF to the World Wildlife Fund and had to rebrand all over again.
They might just issue you a smackdown in court...
WWE.name I guess?.
Vince McMahon's son and daughter don't have anything to do with the actual lawsuits and etc. They are in creative team and have nothing to do with WWE.com either.
You need to contact people who have something to do with WWE.com.
I'd suggest you contact from https://secure.wwe.com/forms/contact/help/tech.php.
Not sure from which one you will get the right response...
Why would he contact tech support? If he were to contact anyone, it would be the legal team, which presumably would be the people who initially contacted him.
That being said, you need to be very careful with how to proceed in any communication with them. I don't know what you already said to them, but you may be setting yourself up for trouble...
Whats the site? WWE.name? Just give it to them. They will probably go after wwe.net wwe.org and so on. They own the trademark. Give it up...
Im over it..
Over the past 5 years I have had 2 problems with TM issues. I guess thats good considering I have had ownership to a few domains in those times.
The whole wwL thing really pissed me off. Not because of the tm issue but how they approached it.
"Therefore, to avoid any action on LLL's part, we demand that you transfer the Domain Name to LLL".
I knew fully well what the WW(L) initials were and bought the name because the GF son had such an intrest in the products. He was a wrestlelovinmonster. I told him that I got the name for him (He has a learning disability) and he was very excited. A very rare state for him.
He took literally hundreds of pictures of his wrestling items, posing all of his figures and shirts etc... I taught him how to make a webpage using his pictures.
He then decided that he wanted more action toys, and I dont if anyone else has seen the cost of those toys but well they are not cheap. In order to teach him responsibility we decided that he could sell his name to make some money to buy some wwL action toys on Lbay. (hundred bucks no bids).
I then showed him how to sell things at auction. Thats when we got the CandD email.
He read the email first and started crying stating tha wwL was going to come and take everything we had, that his "heros" hated him etc... Those with kids know what I am talking about..
So we sat down and sent emails to the bosses not because we were mad that they wanted the name but because of how they approached the issue. Very unprofessional IMHO. All they had to do was to ask and it would have been theirs. He would have loved knowing that the wwL got something to use that was actually his.
Sometimes TM lawyers just dont think before they act.
I still own the domain but it sits in limbo. It will expire and another will pick it up I am sure.
Really just want to show example of how touchy these subjects are. Perhaps there is a TM lawyer that will read this and think twice on how they make first contact. CandD letters are not always a good things. Sometimes it just best to ask first.
After all this his compulsion to wwL has stopped. He thinks they are "mean" but he did learn how to make a really nice webpage. Heck you should see his MySpacL page...
Hehe, this is funny because wasn't WWF sued by the real WWF foundation (animals, etc)? The Wolrd Wild life foundation just moved in and basically TOOK the ENTIRE "WWF" brand name like overnight.
They had to change to WWE...
EDIT: I had a preach typed out, but decided not too. You really hit a nerve with me and I would have caused a major flame job.
So you were approached as a cybersquatter because that is what you did...
Cant say I feel bad for you at all. But then again I cant see why anyone would reg a domain knowing full well that it could result in problems.
I do like this that you wrote :*** Sometimes TM lawyers just dont think before they act. ***.
One could also say that you did not think before you acted either...
All good points my friends. In short it just dosent pay to register anything that has a chance of being a TM issue.
Even if one has the funds to fight the battle, it's just not worth it.
Take my advise. Keep your money.... Stick with the generics.
Still not happy with the cybersquatter remarks but it's just ones opinion and we all know every one has one. Look at Proctor and Gamble perhaps Johnson and Johnson Check their list of registered names. Corp America is the biggest cybersquatter around. We can thank the 1999 laws for that..
Here is an intresting article http://unquietmind.com/cybersquat.html..
I don't see what's wrong with how they approached it. That's just a basic C&D, that's just how trademarks are enforced and protected. I don't think that you approached it professionally, and I think that they did. You violated their trademark, they don't need to hold your hand when they take it back from you. Your intended usage doesn't matter. Trademark holders are required to enforce their trademarks, or they can risk losing them.
That's violating their trademark, and by trying to profit off of a trademarked name, that's cybersquatting. Sorry, but that doesn't justify anything. You should have registered him a generic wrestling domain name, and you could have made a fan site without any headache. I hope that you didn't use a sob story in your communication to WWE to justify your registration, that comes of as extremely unprofessional and won't get you anywhere. They did ask.
Emailing the boss and his family is not going to get you anywhere, and would ultimately probably hurt you. They aren't persuing the name to use it, they're just enforcing their trademark as almost all trademark holders do. WWE is going to take it from you before it expires, they're not just going to forget about it. If it did expire, I'm not even so sure it would be picked up. Its not valuable, as .name domains have essentially no value, and most would see the TM issues.
You shouldn't take them personally. If a company sees somebody trying to sell a domain based off of their trademark, I don't see any obligation of their's to politely ask for it. I understand that you had somewhat of an emotional attachment to the domain because of your GF's son, but you've got to understand that their lawyers are just doing their jobs, C&Ds are just common practice, and I see nothing wrong with them...
Hey, what happens when relief is granted? Is that just the transfer or is that a monetary award or both?..
Wow, we are starting to see a lot of this. Maybe ICANN should introduce a domainer license where you have to answer 10 basic questions to make sure you understand what a TM is..
They most likely wouldn't read the e-mails directly. However they definitely are involved more than creatively. They are one company who will always fight for their TM & are quite serious about it.
I wouldn't touch anything that could bring in problems...
I'm not defending this case just disputing your general statement below. Just as there are good companies trying to defend their TM, there are unscrupulous companies who try to bully little guys out of their good names, like Nissan vs. nissan.com for example. Corporations are sometimes more scandalous than a back alley peddler. Forget that lesson at your peril...
Be careful they dont just send stone cold around to put you in a head lock sorry guys, it's a serious discussion but I couldnt help myself.
Moving Concierge, You have a great point mate. Ive experience a reverse hijack attempt on a generic name before. Ill clarify my statement and say that I was referring to "Gross" & "obvious" TM infringements...
But David.A wouldnt the use of the SF Bay Team as an Avitor be a violation of a TM issue?.
Should you be sent a CandD letter? Any number of arguments could be made no matter how stupid one may think and still bring suit.
Perhaps you like the avitar as someone in your family likes the team so much..
Work with me on this one....
If you bought a hat with the logo from their first year let us say they win the top seat and trophy that year. Your hat is very rare. (they only made 11 of them) You give it to your friend but your friend wants to sell it because he needs some cash to keep his poor grandmother out of a nursing home..
You put the hat on ebay because it is worth "a million dollars".
Can the team come and say you must stop selling your item and give the hat to them as they own the logo by copyright?.
Or any other item that has a TM attached. They might gain value over the years as they antique. This logic says that it would be wrong to sell them because the value is in part related to the TM name.
Are we going to get to the point that you cannot sell a classic car because it has the brand name of the company that made the car?.
These arguments may be begging the question but what precidents are being set...
A hat would be licensed merchandise by S&F and was issued under authority to the buyer and David is a genuine fan, Not a squatter He isnt sitting on his avatar to sell it later..
This is getting ridiculous, WWE.NAME is a blatant registration of a TM. Like Allan, I dont buy your story for your reason of registration. It has "Quick Bux" written all over it. In my humble opinion of course.
The thing that is highly rewarded on the internet is originality. Perhaps allocate your time creating some original ideas rather than attempting to profit off TM's. In the end you've lost this battle before you start. Lucky this thread isnt indexed by google otherwise we would all be printed on the desk of a lawyers office already.
Take this as a positive thing lipps, Start fresh and opt out of any TM timebombs. They arnt worth your time and your hard earned $$$.
Goodluck & Peace!.
I have given up any domain that in any way has a possibility of TM concern as a direct result of these posts and have gained much needed experience..
I have many many domains some parked some developed some just reg..
I may seem a bit controversial but I came here for info and this group was willing to provide. Thanks to you all.
By the way Giants fan too..
Good on you champion. Great sensible outcome. Best of luck with your domaining in the future mate.
I think this calls for a new publication "Domaining for dummies" sorry but it's just funny.
A company that just lost there wwf domain from infringements are the very people who will protect there TM to the highest level no amount of money too much.
The excuse you gave them, there lawyers not priests they dont play violins they dont care. Why should they...
The OP sounds like a real victim here...helping his GF's son with a learning disability to make web pages to show off his WWE stuff.
I don't believe a single word you say. You registered a $25 per year famous TM name and tried to make money on it. You know it, they know it and I know it. Your emails to his family is an embarassment to yourself. That's just underhanded, low, and unprofessional.
Wwefanatic.net is available...it took me 2 searched to find a cheaper more appropriate name and it's $20 less per year to maintain. If you want to be a fan...don't come into a domainers forum and cry about the big evil company comping after you for being a squatter.
I suggest you register a nice .net site...don't park it...don't place ads on it. And make it a TRUE fan site....that's fair-use by law. What you have done is infringment...