Dropped Domain

Aperio.org · Jan 3, 2005

Really not sure if this is the proper place to post this or not, but I'm giving it a go anyway.

I've been looking for a decent game related domain for quite some time now. I check the drop lists every day, and on Christmas day (yes, Christmas..) I found one that I like, so I popped on over to GoDaddy and registered it.

Today I got a rather stern message on my voice mail from someone who wants their domain back and is more or less threatening legal action. I can't imagine that I would be in the wrong on this one, but opinions would be much appreciated.

Thanks,
Mary

eSology · Jan 3, 2005

They don't have a leg to stand on unless it has a TM on it.

Aperio.org · Jan 3, 2005

eSology said:
They don't have a leg to stand on unless it has a TM on it.

Haven't found anything that would point to that whatsoever... In fact, it's a rather general name, and the company name that he identified himself to be with was nowhere even remotely close to the domain name (if that matters).

Thanks for responding.

Take care,
Mary

eSology · Jan 3, 2005

I bought a domain off of a forum about 7 months ago. I sold it to an end user within a week. Two days later the previous web designer/hoster called me and didn't let up for three weeks. It was their fault that the domain had expired but it was to late. The domain had changed hands 3 times and the price the end user wanted wasn't something the guilty party was willing to pay. This is how the cookie crumbles some times.

Aperio.org · Jan 3, 2005

eSology said:
I bought a domain off of a forum about 7 months ago. I sold it to an end user within a week. Two days later the previous web designer/hoster called me and didn't let up for three weeks. It was their fault that the domain had expired but it was to late. The domain had changed hands 3 times and the price the end user wanted wasn't something the guilty party was willing to pay. This is how the cookie crumbles some times.

Translation: I should be okay?

I have actually played investigator on this one... did a reverse phone number search for the number he left... found out about his company - it's an art / framing company, so I'm feeling pretty confident that this isn't some mega game developer that has copyrighted the name and is gonna sue the pants off me.

Any further reassurances or contradictory opinions are, of course, always welcomed.

Mary

Jack Gordon · Jan 3, 2005

No TM, should be no problem. You should be able to see if this company actually had a site running on the domain using the wayback machine here: http://www.archive.org/

If they did, you could decide to be compassionate and offer it back for a fair price. But either way, they let it go and you grabbed it from the open marketplace fair and square.

Good luck.

eSology · Jan 3, 2005

Let me know if you want the old whois record.

Aperio.org · Jan 3, 2005

I had actually just checked archive.org before coming back here to read up... Eegads what an ugly site that was - I don't even know why they'd want it back.

Feeling extremely safe in terms of there being absolutely no trademark issues whatsoever.

Thanks so much for the opinions. You people rock.

Mary

eSology said:
Let me know if you want the old whois record.

Actually, out of nothing more than curiosity, yeah - if you don't mind, i wouldn't mind taking a look at it - if it's not too much trouble.

Mary

eSology · Jan 3, 2005

No problem but I need the name.

Aperio.org · Jan 3, 2005

eSology said:
No problem but I need the name.

Thanks

Theo · Jan 4, 2005

If it matters: http://web.archive.org/web/20031207110812/gamephase.com/contact.htm

7620 US Hwy 70 South . Nashville, TN 37221
Toll Free: 866-668-0011 Local: 615-662-0011
Copyright ÃÂ© 2003 Game Phase.Com All Rights Reserved

Dave Zan · Jan 4, 2005

Are you going to use the name for something about gaming, then? :-D

Aperio.org · Jan 4, 2005

davezan1 said:
Are you going to use the name for something about gaming, then? :-D

That be the plan :bandit:

Dave Zan · Jan 4, 2005

Aperio.org said:
That be the plan :bandit:

The sooner, the better. And you might want to remove the domain name in
question, too.

Don't give the other side possible books to throw at you.

Aperio.org · Jan 4, 2005

I much appreciate the advice, but I don't feel as though I need to remove the name as I have not done anything wrong. I have actually found the research process on domain disputes to be extremely interesting. I read through quite a few articles and case summaries (thanks to eSology for some insight in a PM that was sent to me regarding UDRP).

From what I've read, there are several conditions which must be met by the complaintant:

(1) that the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and,

There is absolutely no apparent evidence that the individual has any claim to the above. If he provides evidence on the contrary (dated prior to the date I registered the domain), then of course my outlook may be different.

(2) that the respondent has no legitimate interests in respect of the domain name; and,
ditto #1

(3) the domain name has been registered and used in bad faith.
It would be extremely easy for me to prove that I have been shopping for game related domains for a considerable amount of time. It is also in line with other genre of sites that I have currently developed.

But..hey, better to be safe than sorry....maybe I'll remove it anyway

hehehehe

Mary