Re: Whose domain is that anyway?

From: Dave Mata <webmaster_at_atlantiscasino.com>
Date: Wed 20 Nov 2002 22:17:42 -0600

Mark, you've got some great points in your message...
I also agree with Will Stratas... WHY did you get in their mess?
Well, either way... I'm dealing with this same thing where I am, except
I'm on the complainant end rather than the receiving end... here's my
.02....
My following statement has only to do with UDRP Policy, and not US
Trademark law.
In my understanding of at least UDRP Policy... they have a weak claim at
best, providing that the following has been met:
(a) your client is not misleading the customer by saying that
Creoimage.com is a subsidiary, or is Creo.
(b) when the domain was purchased there was a plan to create a website
on this domain.
(c) your client has no prior history of registering domains for the
purpose of reselling them to companies that have related marks, or
names.
(d) your client did not purchase the domain to keep them from being able
to purchase it (they must prove malicious intent, and a previous
pattern.)

Frankly, it would seem that your client's claim to it is stronger than
theirs. I can't tell them what to do (nor will I give advice), but
personally... I would draft a letter back stating that basically, I'm
not a competitor, I had the name first, and I was not interested in
selling the name. That way they are fairly covered for any UDRP
proceeding. If it comes to a UDRP proceeding (which is far cheaper than
court costs.), I would suggest your client opting for a 3 member panel,
3 member panels do not seem to be skewed in favor of the complainant,
and it would protect your client better against this reverse domain
jacking they are attempting.
The situation I'm in is with a competitor that has almost the same name
and has been buying up domains that are very closely related to my own
names... so a little different, but the rules apply.

This is a fight for your client though, I doubt they paid you well
enough to take on another business legally.

Good luck,
Dave Mata




Received on Wed Nov 20 2002 - 22:17:42 CST