(Newb) Protecting a domain, trademarked by someone else?

[insomnia]

Hi Guys,

I have a vague understanding of how WIPO and URDP works, so I have some questions and an actual scenario for you guys.

I have with me a domain name of a popular music group, lets call them XGroupName, so I was able to recently pickup the dropped name of XGroupName.com. I plan on building a fansite based on the group with good intentions, good faith overall. Before the domain dropped, it was merely being used as a holding page with an image for an unrelated topic. The domain has a history, being registered as far back as June 2002 for a spanish portal site, whereas the musicians XGroupName only trademarked their name in September 2002.

So, should the event come where XGroupName sends me a C&D requesting me to end my fan site, what can I argue in defense, or if it were to go to WIPO?

-It was registered in good faith, with the intention of building a fan site to help promote XGroupName and keeping the domain from being wasted like it was before it dropped.
- Its currently being used in good faith to promote XGroupName and will not change
- XGroupName did not pursue to acquire the domain from previous owners (or at least to my knowledge did not succesfully acquire it)
- XGroupName had ample opportunity to pick up the domain as I did when it expired and for whatever reason chose not to or was not aware?
- XGroupName already owns their own website and domain under a different domain name

Would these arguements be accept or feasible under WIPO case review? Specifically, how do I prove that I have a right of ownership to the domain that outweighs their widely known copyright and trademark?

I look forward to discussion, all opinions welcome. Thanks!

 

[Jazz]

I don't think so, especially since you regged it knowing they held a trademark..I could be wrong though.

 

[insomnia]

Thanks Jazz, although may I ask how experienced you are with these kind of issues? Have you ever faced a similar scenario? What did you do?

Anyone who has a lil experience, please post! Thanks

 

[draqon]

Insomnia, those all qualify as evidence of good faith under the UDRP.

But keep in mind: you CANNOT be making any money off of the website. You can't sell merchandise for the band, or CDs, etc.

Hi Guys,

I have a vague understanding of how WIPO and URDP works, so I have some questions and an actual scenario for you guys.

I have with me a domain name of a popular music group, lets call them XGroupName, so I was able to recently pickup the dropped name of XGroupName.com. I plan on building a fansite based on the group with good intentions, good faith overall. Before the domain dropped, it was merely being used as a holding page with an image for an unrelated topic. The domain has a history, being registered as far back as June 2002 for a spanish portal site, whereas the musicians XGroupName only trademarked their name in September 2002.

So, should the event come where XGroupName sends me a C&D requesting me to end my fan site, what can I argue in defense, or if it were to go to WIPO?

-It was registered in good faith, with the intention of building a fan site to help promote XGroupName and keeping the domain from being wasted like it was before it dropped.
- Its currently being used in good faith to promote XGroupName and will not change
- XGroupName did not pursue to acquire the domain from previous owners (or at least to my knowledge did not succesfully acquire it)
- XGroupName had ample opportunity to pick up the domain as I did when it expired and for whatever reason chose not to or was not aware?
- XGroupName already owns their own website and domain under a different domain name

Would these arguements be accept or feasible under WIPO case review? Specifically, how do I prove that I have a right of ownership to the domain that outweighs their widely known copyright and trademark?

I look forward to discussion, all opinions welcome. Thanks!

 

[insomnia]

Hmm that would be intersting. What if they were products that promoted them? For example, XGroupName has their own line of shoes, clothing, etc. Would it be acceptable if I had an affiliate program from Reebok for example that promoted and sold their line of shoes? I can't see how advertising their own products would hurt them, or how they could use that against me.

 

[draqon]

You can't make a penny from the site, even if it includes selling their products or their line of clothing. Why? Because the UDRP only defines fan websites as being acceptable if they are noncommercial.

 

[Dave Zan]

No offense meant, but aside from trying to ask people here about it, why don't
you search the forums here regarding that topic? You're bound to find a wealth
of information on the subject.

I'll give you one: http://www.dnforum.com/showthread.php?t=67815.

 

[insomnia]

Yeah Dave, I already saw that thread which lead to my posting, and searched for the forums for information. Certain cases are uniquely different from others, so it helps to ask questions. I'm not new to the community so don't worry about Thanks