06-16-2004, 11:19 AM
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So Fucking Outlawed
Industry Role:
Join Date: Nov 2001
Posts: 5,114
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Quote:
Originally posted by aflex
I own the domain name for a known Rap artist, and his record label's lawyers have contacted me, asking to transfer it to them.
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If you bought the domain with the intention to sell it to the artist... then it is Illegal..its cyber squatting!
make sure they make you the offer and you are not the one to initiate on paper. (or email)
Quote:
Cybersquatting, i.e., obtaining a domain name just to seek payment from the owner of a trademark, business name, trade name, or brand name, can include typosquatting, where one letter is different or .net, .org. when used as variations. However, the extension (.com, .net, .biz, .org, etc.) is not important when dealing with the issues associated with cybersquatting and trademark dilution.
A trademark owner can prevail in a cybersquatting action by showing that the defendant, in bad faith and with intent to profit, registered a domain name consisting of the plaintiff's distinctive trademark. Factors to determine whether bad faith exists are the extent to which the domain name contains the registrant's legal name, prior use of the domain name in connection with the sale of goods and services, intent to divert customers from one site to another and use of false registration information and the registrant's offer to sell the domain name back to the trademark owner for more than out-of -pocket expenses.
Furthermore, repatriation is available (non-exclusive and less expensive than a lawsuit) under the new Uniform Domain Dispute Resolution Policy (UDRP) administered by ICANN (http://icann.org/udrp/udrp.htm) and provides a binding arbitration-like proceeding whereby trademark owners can obtain ownership of domain names which are identical or confusingly similar to the subject trademark and were registered in bad faith by others with no legitimate interest in the name. The UDRP requires that the cybersquatter is actually using the domain name, as opposed to just registering it.
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