America Online, Inc. v qpuzzle.com aka Joe Chang

[yahoohaha]

What is this? How bad is it? Am I going to lose my domain?

Just got this email, thanks for help!


Subj: America Online, Inc. v qpuzzle.com aka Joe Chang-FA0212000137034 - Commencement
Date: 12/12/02 3:44:39 PM Central Standard Time
From: [email protected]
To: [email protected], [email protected], [email protected]
CC: [email protected], [email protected], [email protected]
File: amerionline.com.doc (71168 bytes) DL Time (48000 bps): < 1 minute
Sent from the Internet (Details)




Registrant:

The attached case is being served on you in accordance with Rule 2 of the
ICANN UDRP policy for the above entitled case. Hard copies will follow via
mail and/or fax.


ICANN, Registrar, Complainant:

The attached Complaint has been accepted by The National Arbitration Forum.
The Respondent is served with the Complaint on this date. The Commencement
Date is December 12, 2002.

<<amerionline.com.doc>>

 

[draqon]

uh oh spaghetti-o's.

that looks like a WIPO UDRP summons to me. You will lose your domain for sure unless you file a high-quality response or get a lawyer to do it for you. Amerionline isnt worth fighting for, however.

 

[Bob]

heh heh

Get some advice from the legal section here.

Good Luck.

-Bob

 

[yahoohaha]

heh heh

Get some advice from the legal section here.

Good Luck.

-Bob

I just don't get, amerionline is not americaonline at all.

Can americatach suit ameritach? or americatrade suit ameritrade?

I don't care lose a domain, but if I lose it, the law seems ****ed up.

 

[draqon]

joe baby, amerionline is very similar to americaonline. If you had used amerionline.com to sell flowers or diamonds, you would probably be fine. But look what your website says:

Amerionline: Welcome to free ISP future home!

According to that sentence, you are creating the same kind of company that America Online is. Therefore your domain is confusingly similar to theirs, and you will almost definetely lose. I bet even Berryhill and Neu and Goldberger couldnt save this domain under these conditions.

 

[Lord Baltimore]

The law says that someone who is guilty of "cybersquatting" in SWIPO's eyes can be assessed a penalty up to $100,000. My advice is to take down whatever site you have and do not defend yourself. Don't file a response. Just let the deadline pass. That way if it goes to a penalty phase you can say that you demonstrated good intent.

I had a company file a WIPO complaint against me against a name that I picked up from a drop. I didn't file a response. I'm thankful no penalties were given to me.

 

[Lord Baltimore]

To clarify, my advice is to surrender totally when you have a name that clearly is trademarked or "confusingly similiar". However, if it isn't that's the time to fight.

 

[options]

Sell it cheap to AmeriTrade.
They can use and defend it.

 

[.com.net.org]

They have money and power