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Old 03-04-2007, 05:17 PM  
MerlinK
Confirmed User
 
Join Date: Dec 2004
Posts: 453
:2cents You don't have a trademark, Mr. South

Quote:
Originally Posted by mikesouth View Post
Mwelink is very wrong...Let someone try to take mikesouth.xxx and put up a site, or not give it to me if and when I ask for it.

trademark law is our ultimate protection.
Do you understand the UDRP policy? Apparently, you don't.

Do you realize that a few DIFFERENT points must be proven to take a name from somebody?

1) Bad Faith in usage (if the person isn't making money using the name, you have no claim - if they have no site, you can't do anything)
2) Infringement on a trademark/confusingly similar usage (I strongly DOUBT you have a REGISTERED trademark for "Mike South", and I don't think you're famous enough to be COMMONLY known)
3) No legitimate rights or interests to the name (your name isn't exactly GENERIC, there are TONS of people with the name "Mike South" out there: Google says, Results 1 - 10 of about 40,300 for "mike south"

I'm not a lawyer, and this is NOT legal advice
- but, I believe that 2 out of 3 of these points must be proven to win the UDRP, and by the way, the arbitration panel will cost you a minimum of $1500, even with a single arbitrator.
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