10-15-2004, 02:34 PM
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Confirmed User
Join Date: Jul 2004
Location: Tampa bay area
Posts: 1,886
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Quote:
Originally posted by MissEve
IMHO you will lose the domain and incur legal fees if you fight it. I have been through this with cultureclub.com and I won but it cost me over 10k in legal fees. Pollyesters, a chain of nightclubs, sued me. They had the TM to use Culture Club for bars and nightclubs. Basically WIPO decided that I was probably infringing on Culture Club the band but not Pollyesters. I did sell the domain to them.
http://arbiter.wipo.int/domains/deci...2000-0625.html
The test for bad faith is this:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
I think you will have a hard time proving you didnt register the name just to sell it to them.
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Im confuesed here you won but you handed it over to them? |
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