Quote:
Originally Posted by DWB
So... let me get this straight. You lost your domain to Mattel because you were using their BARBIE logo to redirect kids to porn sites, but you claim you have nothing to do with spamming lolita sites?  Whatever.
Mattel, Inc. v. Aaron Jacques
You are a piece of work.  |
1. it was a domain dispute for lennybarbie.com not a logo (seriously stop twisting the facts)-- the name of a pornstar btw.
2. I did not claim it was generic i pointed to the unanimous 8-0 canadian supreme court decision against mattel explicitly ruling that use of the name barbie as a prenom/surnom (first or last name was not a violation of their trademark) and it fact a generic use of the term
http://www.sexypornstars.net/dispute/supremecourt.pdf
3. the lawyer misrepresented
Renaissance Hotel Holdings, Inc. v. Renaissance Cochin, FA 932344 (Nat. Arb. Forum Apr. 23, 2007) which only justifies accepting a foreign registered trademark for consideration under another country to justify completely ignoring the supreme court decision when he should done exactly what the previous arbitrator did in the
referring case (accept the american registration and determine validity by
Canadian law)
4. and then claiming i didn't present any evidence(ie represent the porn star lenny barbie) to argue i was in default. btw if you ask around on this board you will find out that pornstar changed her name because of a dispute with mattel (they gave up i believe because they didn't know about the supreme court decision)
http://en.wikipedia.org/wiki/Lanny_Barby
Quote:
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As Respondent has not provided any substantive arguments pertaining to the rights or legitimate interests prong of this analysis, Respondent has essentially defaulted on this issue. In view of this ?default,? the Panel accepts all reasonable allegations and inferences set forth in the Complaint regarding the confusing similarity issue as true.
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Unfortunately because of the blanket immunity granted for "accidental" violations of the law that there is nothing i could do to get the domain back cost effectively.