C&D on domain - NOW what do I do? - GoFuckYourself.com

daveylapoo · 10-15-2004, 12:04 PM

I got http://palm1tv.com

They got http://palmonetv.com

Got the c&d today. Do i hand it over to them, or.......

I think I'm way out of my league here, but would sure appreciate some of the bigger players opinions on this.

BradM · 10-15-2004, 12:05 PM

You're hooped. Hand it over and tell them you're happy to comply.

Giorgio_Xo · 10-15-2004, 12:05 PM

Fight it. I hate punk as corps.

AVM · 10-15-2004, 12:06 PM

Is it any surprise?

Go to your site, you publicly list the domain as "for sale". That is like openly admitting you registered the domain in bad faith. Purely for financial gain. Sitting duck right now.

Hand it over.

Giorgio_Xo · 10-15-2004, 12:07 PM

Convert it into a review and discussion site about Palm One TV service. That will protect you.

Lee · 10-15-2004, 12:10 PM

Quote:

Originally posted by AVM
Is it any surprise?

Go to your site, you publicly list the domain as "for sale". That is like openly admitting you registered the domain in bad faith. Purely for financial gain. Sitting duck right now.

Hand it over.

Bing.

Fred Quimby · 10-15-2004, 12:11 PM

Quote:

Originally posted by Giorgio_Xo
Convert it into a review and discussion site about Palm One TV service. That will protect you.

Ding Ding Ding Ding Ding

daveylapoo · 10-15-2004, 12:11 PM

I sale cheap domain...

Webcam Guru · 10-15-2004, 12:11 PM

ask them $250 for a quick transfer.
Their other option is to go with WIPO for at least $1500
4 out of 5 times they'll pay.

gornyhuy · 10-15-2004, 12:11 PM

yeah - the most you could hope for is they pay the transfer charge.

johndoebob · 10-15-2004, 12:17 PM

They registered it before you, you onviously just for selling it.

Tell them to pay you 10-100$ to cover your expenses and get over it.It was a bad idea registering it anyway.

daveylapoo · 10-15-2004, 12:24 PM

Has anyone actually been through this before? Any persoanl experience?

johndoebob · 10-15-2004, 12:29 PM

Quote:

Originally posted by daveylapoo
Has anyone actually been through this before? Any persoanl experience?

Yes, with Warner Bros, just get real on your position and make the best out of it (read my post above).

daveylapoo · 10-15-2004, 12:51 PM

Quote:

Originally posted by johndoebob
Yes, with Warner Bros, just get real on your position and make the best out of it (read my post above).

Thanks johndoebob, very helpful.

emthree · 10-15-2004, 12:56 PM

Now why the hell did you reg that?

Hand it over.

daveylapoo · 10-15-2004, 12:59 PM

Quote:

Originally posted by emthree
Now why the hell did you reg that?

Hand it over.

to sell it back to them. did i mention i was drunk that day?

Webmaster_Logic · 10-15-2004, 01:05 PM

This is one isssue in this biz that pisses me off. Please keep us updated on this matter . I would like to see how this is played out. Ebay tried to pull the same shit with me. But 6 months later i still have the domailn. glugglug

daveylapoo · 10-15-2004, 01:21 PM

Quote:

Originally posted by Webmaster_Logic
This is one isssue in this biz that pisses me off. Please keep us updated on this matter . I would like to see how this is played out. Ebay tried to pull the same shit with me. But 6 months later i still have the domailn. glugglug

I suppose ultimately, i could make a case out of it, but i just don't have the funds to engage in a legal battle that may or may not make me a dime and in effect, may cost me.

Palm not registering an obvious typo was an error on their behalf. My intent was to inform them of their oversight, and offer to sell it back to them.

In the spirit of fairness, I think if they offer me a small sum for my 'expenses', signing the c&d is the way to go.

Webmaster_Logic · 10-15-2004, 01:29 PM

Quote:

Originally posted by daveylapoo
I suppose ultimately, i could make a case out of it, but i just don't have the funds to engage in a legal battle that may or may not make me a dime and in effect, may cost me.

Palm not registering an obvious typo was an error on their behalf. My intent was to inform them of their oversight, and offer to sell it back to them.

In the spirit of fairness, I think if they offer me a small sum for my 'expenses', signing the c&d is the way to go.

I agree with you 100%. I pick up domains all the time that companys let get deleted. If they were so worried about it why did they let it go. Also i would like to add why do these companys just go after the domain buyer. Why dont they go after the domain registrant's as well since they sold the url for pure profit as well? That what pisses me of they only go after the little guys...

daveylapoo · 10-15-2004, 01:49 PM

As luck would have, my landlord is also a lawyer

I spoke to him, and he has people in his office that deal with Intellectual property rights, and the like.

I not trying to be a cocky bastard, but I want to know what my options are. I'll keep this thread updated

Fake Nick · 10-15-2004, 01:53 PM

Quote:

Originally posted by Webmaster_Logic
I agree with you 100%. I pick up domains all the time that companys let get deleted. If they were so worried about it why did they let it go. Also i would like to add why do these companys just go after the domain buyer. Why dont they go after the domain registrant's as well since they sold the url for pure profit as well? That what pisses me of they only go after the little guys...

lol, why would they go after the registrar ? they didn't do nothing wrong , it is not like they manually register domains , its an automated process and if someone deceids to register a domain in bad faith , it is not their responsibility ,

xclusive · 10-15-2004, 02:02 PM

You will either have to come up with alegit use for the site or hand it over. Good luck...

Webmaster_Logic · 10-15-2004, 02:06 PM

Quote:

Originally posted by Fake Nick
lol, why would they go after the registrar ? they didn't do nothing wrong , it is not like they manually register domains , its an automated process and if someone deceids to register a domain in bad faith , it is not their responsibility ,

If a person is buy buying something that is qoute "copyrighted" Aint the person selling it to them just as gulty as well?

LiveDose · 10-15-2004, 02:07 PM

Quote:

Originally posted by daveylapoo
As luck would have, my landlord is also a lawyer

I spoke to him, and he has people in his office that deal with Intellectual property rights, and the like.

I not trying to be a cocky bastard, but I want to know what my options are. I'll keep this thread updated

Without funds your options are not good.

daveylapoo · 10-15-2004, 02:12 PM

Quote:

Originally posted by LiveDose
Without funds your options are not good.

Couldn't help notice the URL in your profile. Any word from lens yet?

MissEve · 10-15-2004, 02:24 PM

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.

Manowar · 10-15-2004, 02:26 PM

hand it over.

Fake Nick · 10-15-2004, 02:28 PM

Quote:

Originally posted by Webmaster_Logic
If a person is buy buying something that is qoute "copyrighted" Aint the person selling it to them just as gulty as well?

so registrars are supposed to check every domain for possible copyright infringement ?

Webmaster_Logic · 10-15-2004, 02:32 PM

Why the hell not im paying them for there services aint i? If they fixed this loop hole it would solve alot of problems.

Webmaster_Logic · 10-15-2004, 02:34 PM

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.

Im confuesed here you won but you handed it over to them?

lazycash · 10-15-2004, 02:36 PM

Quote:

Originally posted by daveylapoo
I got http://palm1tv.com

They got http://palmonetv.com

Got the c&d today. Do i hand it over to them, or.......

I think I'm way out of my league here, but would sure appreciate some of the bigger players opinions on this.

When you posted that you bought this a few months back, we told you that you would have wipo issues. I would have taken heed then and sold it as soon as possible.

MissEve · 10-15-2004, 02:38 PM

Quote:

Originally posted by Webmaster_Logic
Im confuesed here you won but you handed it over to them?

No, I sold it to them after they lost.

Webmaster_Logic · 10-15-2004, 02:44 PM

Quote:

Originally posted by MissEve
No, I sold it to them after they lost.

ah ok i got you now

MissEve · 10-15-2004, 02:46 PM

Quote:

Originally posted by Webmaster_Logic
Why the hell not im paying them for there services aint i? If they fixed this loop hole it would solve alot of problems.

When you register a domain you agree to the Uniform Domain Name Dispute Resolution Policy which includes:
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

http://www.icann.org/dndr/udrp/policy.htm

10-15-2004, 12:04 PM	#1
daveylapoo Confirmed User Join Date: Dec 2003 Posts: 423	C&D on domain - NOW what do I do? I got http://palm1tv.com They got http://palmonetv.com Got the c&d today. Do i hand it over to them, or....... I think I'm way out of my league here, but would sure appreciate some of the bigger players opinions on this.

10-15-2004, 12:05 PM	#3
Giorgio_Xo Confirmed User Join Date: Mar 2003 Location: Las Vegas, NV Posts: 4,263	Fight it. I hate punk as corps. __________________ Make Levees, Not War

10-15-2004, 12:07 PM	#5
Giorgio_Xo Confirmed User Join Date: Mar 2003 Location: Las Vegas, NV Posts: 4,263	Convert it into a review and discussion site about Palm One TV service. That will protect you. __________________ Make Levees, Not War

10-15-2004, 12:11 PM	#9
Webcam Guru Confirmed User Join Date: Aug 2004 Location: Montreal Posts: 788	ask them $250 for a quick transfer. Their other option is to go with WIPO for at least $1500 4 out of 5 times they'll pay. __________________ I'll rock the cam biz again soon...

10-15-2004, 12:11 PM	#10
gornyhuy Chafed. Join Date: May 2002 Location: Face Down in Pussy Posts: 18,041	yeah - the most you could hope for is they pay the transfer charge. __________________ icq:159548293

10-15-2004, 12:05 PM	#2
BradM Confirmed User Join Date: Dec 2003 Location: 1123,6536,5231 Posts: 3,397	You're hooped. Hand it over and tell them you're happy to comply.

10-15-2004, 12:06 PM	#4
AVM Confirmed User Join Date: Feb 2004 Location: South Florida. Posts: 1,890	Is it any surprise? Go to your site, you publicly list the domain as "for sale". That is like openly admitting you registered the domain in bad faith. Purely for financial gain. Sitting duck right now. Hand it over.

10-15-2004, 12:17 PM	#11
johndoebob Confirmed User Join Date: Mar 2004 Posts: 3,405	They registered it before you, you onviously just for selling it. Tell them to pay you 10-100$ to cover your expenses and get over it.It was a bad idea registering it anyway. __________________

10-15-2004, 12:24 PM	#12
daveylapoo Confirmed User Join Date: Dec 2003 Posts: 423	Has anyone actually been through this before? Any persoanl experience?

10-15-2004, 12:56 PM	#15
emthree Dialer Kingpin Join Date: Jun 2003 Location: New York Posts: 10,816	Now why the hell did you reg that? Hand it over. __________________ • Sell Patches & Pills •

10-15-2004, 01:05 PM	#17
Webmaster_Logic Confirmed User Join Date: Jul 2004 Location: Tampa bay area Posts: 1,886	This is one isssue in this biz that pisses me off. Please keep us updated on this matter . I would like to see how this is played out. Ebay tried to pull the same shit with me. But 6 months later i still have the domailn. glugglug

10-15-2004, 01:49 PM	#20
daveylapoo Confirmed User Join Date: Dec 2003 Posts: 423	As luck would have, my landlord is also a lawyer I spoke to him, and he has people in his office that deal with Intellectual property rights, and the like. I not trying to be a cocky bastard, but I want to know what my options are. I'll keep this thread updated

10-15-2004, 02:02 PM	#22
xclusive Too lazy to set a custom title Join Date: Apr 2004 Location: Buffalo, NY Posts: 35,218	You will either have to come up with alegit use for the site or hand it over. Good luck... __________________ I support MediumPimpin.com / Shemp's Outlawtgp.com /

10-15-2004, 02:24 PM	#26
MissEve Confirmed User Join Date: Aug 2002 Location: Anchorage, AK Posts: 583	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.

10-15-2004, 02:26 PM	#27
Manowar jellyfish Join Date: Dec 2003 Posts: 71,528	hand it over.

10-15-2004, 02:32 PM	#29
Webmaster_Logic Confirmed User Join Date: Jul 2004 Location: Tampa bay area Posts: 1,886	Why the hell not im paying them for there services aint i? If they fixed this loop hole it would solve alot of problems.