Is it possible to get the .com version of my domain by filing a WIPO dispute?

[Soofi]

its funny the way he has asked if he could wipo .com owner lol

 

[adonivideo]

actually I was listening to lawyers discussing this the other day, where you own a .com and you trademark it for use in an industry that already existed where the phrase was in common use, but now you own the .com in that industry, you trademark the .com with the phrase and a 'logo', now the issue is, can you C&D the older players in the industry for using your tradename

the bottom line, they weren't sure

so yeah, we got some stuff like that going on, and may be able to C&D big companies that use our name in promotions, but don't say .com

I love trademarks, crashed the stock of an IPO once that got a .com on one of my marks in the same industry

once a financial report ran the story, the 500M they were worth went to under 50M and they got delisted

so TM's are very complex and if you have a right you exert it, and yeah, some of these big buck .com's no one is using as a 'business' but a landing page for ads, that's not branding, so guys like Franck Schilling could have a ton of C&D's in his mail soon since companies are using other TLD's for .com's he sits on with ads, from what my lawyers say, that's not 'use' so if you gonna squat on something worth something, put up a custom logo at least and spend the money on a TM, look USPTO office I use my .com, see my pretty logo, your filing then makes the .com own more valuable, now can you see Schilling trying to TM 300K domains, LOL, he can't, so all his type ins with ads in .com's could end up being lost to real businesses trading on that phrase in .net and .org and .mobi or whatever

if this occurs it will be 'the schilling decision' cypersquatting on thousands of domain names is not 'fair use' and a 'trademark' it's just ads on a type in, not a 'business' so he's not creating an identity to protect

the commercial net is only 15 years old, so stuff like this will be going on for years

so what you asked was answered by my attorneys and they said THEY DON'T KNOW, no one's done a reverse jack like that from what they know has been done, but it's possible if the other person is just squatting on a domain (not commercially using a .com other than selling ads to others in that industry)

so cyper squatting is being redefined from how I took it to mean if you own a ton of names and don't use them as a business other than a java script serving ads, you are a speculator and a form of cyber squatter, registering a domain to not 'use' but hold for ransom by people in the industry, until someone uses a lessor tld of the bigger keywords and then gets a TM on that lesser TLD, no one can really challenge the .com that was registered before the other domains were used, so your issue is different. you got a .org for some reason and then someone jumped the .com

you got first use, so if you TM the .org now, then you can C&D him with the USPTO on your side

right now you have a 'use' right, WIPO will laugh, they want to see TM proof, and that is usually a USPTO or another similar governmental entiity saying you registered this on X date, then WIPO can decide the issue, in fact, you can use state courts now, WIPO isn't the only place to exert a TM case, state and fed courts can hear TM claims

I've seen them in State Courts and USDC's

So WIPO is the cheap way, 1500 and it's not a judge it's a tribunal and they can do what they want

So TM the .org then C&D him if the .org is worth doing all that