These fucking cocksuckers think they can walk up and take my domain
 

My Domain: TheMonsterMile.com
Their Domain: MonsterMile.com

Since DVDS named TheMonsterMile.com exist i was planning on opening a site with Mr. 18 Inch

http://www.adultfilmdatabase.com/Gra...ront/54799.jpg

Here is the letter i received today, once you read it let me know what i should do.



You or your Company appears to be the registered owner of the above-referenced domain name, and you are the Administrative and Technical Contact for this website. According to networksolutions.com, you created this domain name on 6/18/05, and it expires on 6/18/06.



You or your Company?s use of the domain name, the monstermile.com, is confusingly similar to our domain name, monstermile.com. We are the owner of the Monster Mile trademark (USPTO Reg. #1,705,113) and Monster Mile service mark (USPTO Reg. #2,105,583) as well. Consumers may think that ?themonstermile.com? is used, approved or permitted by us. Further, we view your use of themonstermile.com domain name as an infringement of our registered marks.



Please contact me as soon as possible, but no later than August 17, 2005, to discuss this matter and make arrangements to transfer this domain name to Dover International Speedway, Inc.



I look forward to hearing from you.



Peggy Tracy

Paralegal

Dover International Speedway, Inc.

Heres a link to the dvd

http://www.adultfilmdatabase.com/ind...onster_Mile_2/

Well if they own the trade mark: The Monster Mile... They have the right to take the domain from you....

I had a couple domains taken this way too... Not worth the legal fees to fight it because it will probably cost more to fight and lose.

B-

Hmm kinda weak i would ignore them; they are not similar products.

That is what i am thinking.

Their trademark is "Monster Mile"

your domain is down/unused?

Monstermile.com Created on 26-Feb-1997
TheMonsterMile.com Created on: 18-Jun-2005

Done it - done it diliberate - you know it - I know it - world knows it.

yup, transferring it to a different server

A trademark is only good for a particular industry. For example, Scott Paper Towels can't keep someone from using the name Scott Apple Pies. There is no source of confusion.

Don't distance yourself from porn, it'll be your strongest defense.

If they claim that they are not in the porn business and never plan to be ,then that leaves their trademark open for you to use in the porn biz.

As always, this is just my two cents and not legal advice. Consult your lawyer. :2 cents: :2 cents:

Yeah Dover is known as the monster mile track forever.. Tough one there..

get a good lawyer

Ohh, yeah ugghh..

When I registered MontgomeryWards.com I was gonna build a site for people named Ward that lived in Montgomery...

Yeah, that's what I was thinking when I picked up that domain...

Bama, This domain was not registered in bad faith. There are 5 DVDS out which match the domain and which i have licenses to use as content.

As for your MontgomeryWards.com, there is a likeness in what you wanted to do with the domain and the people who owned the trademark. Bad Faith.

My case would/will be this:
1) Their trademark is "MonsterMile" and not "TheMonsterMile".
2) 5 DVDS have been published with the name "The Monster Mile", which i own licenses for to use the content on the net.
3) Completely different industry and completely different warez which are being sold.

My lawyer could have won that case for you if that was the actual use and intent of the domain name.

Well, their trademark was Montgomery Ward - not Montgomery Wards and this was before the ruling on cybersquatting - I reg'd that domain for the SOLE purpose of selling it to them - which, they bought from me.

But, o.k, I'll give this guy the benefit of the doubt that he's not trying to squat the domain - he's still gonna lose it - only question is how much money it's going to cost him.

From their website

Dover International Speedway, in conjunction with the FBI, Dover Police Department and Delaware State Police, conducted an undercover sting to prevent counterfeit merchandise from being sold on the property on race weekends. Law enforcement officials, disguised as race fans, canvassed the parking lots at Dover International Speedway throughout race weekend.

Do these sound like people who don't protect their intellectual property rights to you? Do these sound like people who don't have the $'s to bury him in legal bills?

Bama, According to ICANN's UDRP i am well within my rights.

"Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three
elements are present."

Not all 3 of those elements are present.

Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(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."

None of those apply, and finally
"How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue."


According to them it looks like i have a very good case.

Hey, knock yourself out trying!

Spend thousands of $'s to keep a domain that is arguably trademarked that doesn't even accurately represent the product you're selling.

While the guy's tallywhacker is impressive, it's only 18" - not 5280 feet.

You could hook that up on any domain - like
NOT FOUND: No match for reallybigblackdick.com

The best thing to do is consult an attorney, dont waste you're time here thinking should I or not.

Also, while on the subject of "skating the line" - it could be argued that should the performer not shove his cock in all the way into a girl 3520 times per sexual session, you'll be guilty of falsely advertising your product.

1 mile = 5280 feet or *12 = 63,360 inches / 18" of cock per thrust means he's gotta go full tilt 3520 times before cumming - more if he doesn't go full tilt each thrust to give your customers the MILE you're telling them they're getting :)

Yea right,,,like when mcdonalds took the name mcdonalds.com from a guy named mcdonald

fuck'em ignore them until you get real shit in the mail. Email is for people trying to scare you.

You know the last time I met with my attorney he told me this.

The only time you should respond to an attorney is when he has sent you a letter from the county you live in. The rest of them can go fuck themeselves.

Odds are you are going to lose the domain if they pursue this.

The owner of BlackSingle.com just lost his domain to the owner of BlackSingles.com.

WIPO decision.

:disgust

my titles
 

thank you for using our boxcover and our title with out our permission!
We have contacted our lawyers immediatley for copyright infringment and will slap with a cease and assist on you immediatley!
you got alot of ball stealing from us and posting it on the this site...
Regards,
Michael Esposito
Gentlemens Video Inc

I get cease and assist letters once in a while, I use them for kindling :1orglaugh

People are so full of shit, if they want a domain from you they should offer to buy it with the money they would spend on a scummy lawyer.

lol . . . please tell me that was a joke.

I doubt it's a joke but i dont believe that Michael knows who i am :)

Hey Michael,

Did you receive the check Boomer mailed out to you?

Best Regards,

how come overture for blacksingle.com is 2500 and for blacksingles.com 1191 if the second is apparently the bigger and more established site from what you're saying?


anyway strange WIPO decision especially since recently TheHun lost the case about hun.com

well if you redirect it to like a fan-site and show that not making any $$$$ off it
I doubt it they can take it off ya
didn't something like this happen a while ago with a guy who had a soprano's domain name?? And FOX coudln't do anythign about it cause of the reasons I stated above??

Agreed, I have seen similar cases like this where a letter is all it took from a lawer to get them to back off, and understand if isnt worth the fight. But get legal advice for sure. :2 cents:

gall , or balls

if you decide to fight it through the UDRP, a 3 person panel will cost you 2k.