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Hello all, I hand reged Destination Arcade dot com yesterday, and I just found out that microsoft is coming out with a browser for the Xbox called Destination Arcade. I didn't find any trademarks for Destination Arcade, but I was wondering would microsoft come after me for the domain? Should I delete? Thanks...

Comments (22)

If you register a trademark on that name first, you don`t need to worry..

Comment #1

Also the domain was first regged in 2006 thru godaddy.

Then earlier this year the domain got dropped.

If MS really wanted the domain they could have picked it up themselfs..

So all in all MS is a little too late..

Comment #2

You just found that out, by total coincidence, after registering the name yesterday?.

I would grace delete. If you choose not to, then don't use it in ANY way that would step on the toes of that company or their products. That includes ads on a parked page.

They are one of the most outspoken and aggessive companies in the world about pursuing cybersquatters. They also have very good lawyers and won't hesitate to use them - you don't want to mess with them.

PS - fat chance of you registering a tm on it when they're leaps and bounds ahead of you in proving first use in commerce. They don't need to do so. It's not a case of them "wanting" the domain, this is more a question of whether or not they would defend their intellectual property...

Comment #3

If you bought it with a development plan, I think you should go ahead and develop it. If there is no trademark on it yet, and your development plans dont infringe on what MS probably plans then I think it shouldn't be a problem. Anyway, If MS needed it they would've taken it long back as realtimeregister points out. GL!..

Comment #4

I vote grace delete. An ACPA lawsuit is no joke...

Comment #5

Microsoft would likely have to prove you were acting in bad faith I am guessing and that should be quite easy with you registering an obscure domain with no prior knowledge (yeah right), if you make anything on that site that could be construed as taking away from their sites either now or in the future than they probably will come after you regardless of any trademark being registered or not.

And lets face facts here, they can afford to drop 100 tonnes of red-tape every month on you from here to eternity can't they?.

They may be wrong and have no case, but those that have enough money find that it doesn't really matter since they can bully people with impunity.

Probably better that this is moved to the legal discussion forum.....

Comment #6

First: Just because you can't find the trademark in the database, doesn't mean they don't have trademark on it.

Second: Hands on heart, so you never heard of microsoft's plans BEFORE you regged the domain?.

Third: If you develope it, you have more chance to keep it. Of course develope it in a totally different way then Microsoft have in their plans.

Most important thing to NOT do. Do NOT contact Microsoft and try to sell them the domain name. I don't think it would be that good an idea. If they are interested, they will contact you.

Good luck with it...

Comment #7

I've been wanting to develop an arcade site for a while.. A friend of mine suggested me the domain a few months back. I decided to reg the name yesterday. I found out about MS plans today. MS would come after me if I develop an arcade site on the domain, so I'm not going to develop an arcade site on the domain, but I'm going to keep the domain. If MS wanted to protect their product, they had plenty of time to reg the domain. MS should've covered all bases before they made it public...

Comment #8

We all know that it isn't the way it works though don't we?.

A company cannot possible buy absolutely every domain that might ever turn up in case they need it in the future and every single permutation of every single typo that someone could be reasonably expected to do.

Your wording of your reply tells me that since you believe you cannot keep it then you have decided that no one else can have it either, if you do not develop an arcade site on this what do you expect to do?.

Sometimes you have to just know when to cut your losses and walk away.....

Comment #9

Well, they have the money to reg every single domain that protects their products, and if they hate cybersquatters so much, they would make it their priority to protect themselves. Also, "Destination Arcade" is the name of their product. I don't have a typo, I have Destination Arcade dot com, so like I said, MS should've covered all bases before they went public. If they wanted to protect their product, regging Destination Arcade dot com, should've been near the top of their list. Post added at 07:38 PM Previous post was at 07:29 PM I'm keeping the domain because I'm not sure If they have a problem with it... I haven't received anything from them.

Also, I know if I delete it, someone from this forum is going to pick it up knowing MS plans beforehand...

Comment #10

Thats not how it works TLA.

They don't need to reg. every single version and extension of the products they have.

Im not sure about America, but here in Denmark, you get automaticly trademark for the productnames you are using. Of course it is better protected if you register the trademark, then you have paper to prove it, but you dont have to. Just by using the productname it gets protected.

But I might be wrong about it. And in the end it's your own decision. It's your nuts that will hurt if The Big One wants a piece of it...

Comment #11

If they spent their money stupidly like that they'd never have gotten to be the multi-billion dollar company they are.

Companies who've established rights to a brand don't need to buy domains to defend it. That brand is their property.

Let's say someone decides to camp out on your lawn. You can call the police and have them arrested. Doesn't matter if you have a fence or a gate or even a big sign saying "don't camp here." It's your lawn, they have no right to do that.

This thread probably should be moved to the legal forum..

Comment #12

Well, if they FAILED to protect themselves, they shouldn't have the right to come after me. I can't find any trademarks for "Destination Arcade" If I found any trademarks for "Destination Arcade" that was filed before July 6th 2010 16:28:59.0, I would happily delete the domain...

Comment #13

Again TLA, you do NOT need to register a trademark. So just because you didn't find anything in a database doesn't mean that they don't have trademark...

Comment #14

Spending money to protect yourself, is not stupid. Yes, I would have the right to call the police if someone camped on my lawn, but first I would have to show that I have legal rights to the lawn. I couldn't claim the lawn without the proper paperwork. If I found a trademark that was filed before July 6th 2010 16:28:59.0, that prohibits anyone from using Destination Arcade as a domain, I would happily delete...

Comment #15

Please microsoft .........let me keep my nuts ! winter is coming..

Comment #16

You have some balls testing MS like this pal..

I would try to sell it as quick as possible or just accept a regfee loss!.

Last thing you need is to risk any legal proceedings for a domain!.

I can't see MS emailing you regarding purchasing it from you,.

So it would either be forfeit or face consequences..

Comment #17

I did see only yesterday that at 4.cn in the lefthand sidebar under brokerage it was reported that windows7.cn was brokered to microsoft.

Contact their broker on that site and save your nuts !..

Comment #18

That's like a housefly saying that since I failed to install screen doors, I have no right to swat it.

If anyone needs to be protected here, it's you, not Microsoft..

If you want to take a stand like this, at least let it be for some noble cause - not a $7 domain name...

Comment #19

It would be a different story if I reged the domain knowing about MS plans. When I reged the domain, I had no clue about MS plans. All I'm saying is, if MS didn't file any legal document that prohibits anyone from regging Destination Arcade as a domain, before July 6th 2010, 16:28:59.0, I should be OK keeping the domain...

Comment #20

Now that you do know about the Microsoft product, what can you do with the domain ?

Comment #21

Ha, you keep telling yourself that. I have read these posts and it seems to me thaty you must have known about MS plans, otherwise bit too much of a coincidence (imo) that you reg the exact same name that they are going to use for new business plan?.

I would listen to the people on here who seem to know what they are talking about. You have no chance with this domain if MS decide to come for you. Trust me, I have been sued before by a much smaller company than MS which cost a lot of dosh, and I was not actually doing anything that bad! Regardless of what you think is ok, there are various laws with hot shot lawyers, and given the fact that MS can afford to use the best of the best of the hot shot laywers, and given the costs associated, you will have more chance of flying to the moon on a dustbin lid than keeping this domain or not coming out of the fight intact with your balls..

Comment #22


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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