Thread: Anyone famaliar with the Anti-Cybersquatting Act?

Originally posted by ddt
done... twice already

BUT... what if I simply changed all of the contact info?

Hmm...

First of all - is homevestorsofchicago a protected mark? I'm tipping their trademark or registered mark is homevestors, which is not actually the same thing. I'm not sure of the differences between Australian and US laws in this area - check it out.

Let's be a little commercial about this: Don't say no.

If I were you I'd say: I've gone to the time and the trouble to register the domain name, and I think that under existing law and with existing precedents, that in order to wrestle the name away, there will be costs incurred in retaining and instructing counsel. In order to offset that expense and to ensure that I'm covering my costs for the time and materials employed in registering the domain name, I'll offer to simply sell you the domain for $x, which will negate the need for you to retain solicitors to try and chisel something from me to which you are probably not entitled. Solicitors are usually required to present offers to their clients.

However: It doesn't look good for you that they have a bunch of other domain names as well in the same format (if you check their site). Of course this is probably irrelevant if you can prove that they registered those after you registered yours.

C!

Ok it took me a while to dig this up - I remember reading it on my handheld but I always forget which news source I get it from.

Supreme Court curbs trademarks' reach
March 4, 2003 "WASHINGTON--Americans who own Internet domains that criticize corporations or use their trademarks received a surprise legal boost on Tuesday, due to a ruling by the Supreme Court.

Try fwd'ing them a copy of that. What would happen if you changed the contact info to a real PO box, and just made yourself "un accessable".

BTW ddt, I thought you're in Houston My mom has started doing the same thing in Houston with a contractor friend (she's a Realtor).

I still think you guys are missing the point here in some cases. If they file a UDRP proceeding and you just ignore it or make it extremely difficult to contact you they will just transfer ownership of the name to the winning party. Changing your contact information does nothing as the registrar can still make the change... If you don't show, the third party that oversees the proceedings will still make a decision on the subject.. Its like not showing up for court, you don't get off free...

On this note, fake info in the WHOIS can be bad as well. It is technically against the "rules", they dont say much about it.. and its very common still.. but they mention it to registrars when it is brought to their attention.. It won't help your case if it proceeds any further.

I would really go over your registrar's legal page at http://resellers.tucows.com/opensrs/legal/

Your domain name does classify as "(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;".. And the fact that you did not have a site up before they contacted you will probably not help either as you had not demonstrated use of it.. Crazylittle's example of the etoy/etoys case was very different as there was a legitimate site operating that was not even competing with the other company. It does not apply here as you didn't make use of the domain name in any way other than parking it.

Right now, the Lawyers are just playing the typical "we have more money than you" game and threatening you.. The question has to come down to if the name is worth the possible court costs or time. I sort of doubt you would want a franchise with the company now anyway..

Personally, I would ask the company if they would reimburse you for the cost of the registration and any transfer fees (which it would have cost them anyway to register) and be done with it. But there may be a lot of other circumstances.