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Old 02-21-2007, 07:35 AM  
Kenny B!
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Join Date: Jun 2003
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Quote:
Originally Posted by Kick Ass Vic View Post
Kenny Congrats ;)
Thanks Vic

Quote:
Originally Posted by Kick Ass Vic View Post
But seriously, when you get a trade mark you have to protect it - or at least try to. I doubt you would have done any different if roles were reveresed. Anyway. At least the domain get's to stick with it's biological parent and stuff. So cheers.
I would have done differently if the roles were reversed because I would have known that the domains weren?t infringing on the trademark. But that?s just me. For future refrence Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.

Honestly your company should re-think your legal counsel. You spent a lot of money to file this claim and your lawyer should have advised you differently from the start. He had his best interests at heart, not yours.
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