Membership is FREE, giving all registered users unlimited access to every DNForum feature, resource, and tool! Optional membership upgrades unlock exclusive benefits like profile signatures with links, banner placements, appearances in the weekly newsletter, and much more - customized to your membership level!
Sedo - Global Domain Report Survey 2025

Sort of a strange situation...

Status
Not open for further replies.

Ovicide

Level 4
Legacy Platinum Member
Joined
Jan 8, 2003
Messages
202
Reaction score
0
RMF said:
I still haven't heard anything from "bob" or his lawyers. I guess they gave up. :)

Good!

In general, when someone claims trademark infringement, and threatens a domain-holder with immediate legal action, but does nothing for many months, has he implicitly abandoned his rights to the name?
 

Nameable

DNF Member
Legacy Exclusive Member
Joined
Jan 26, 2004
Messages
462
Reaction score
0
Glad to hear it - hope you're making a mint with the name!

DN owners need to realize that they have to pay the registration fee just like homeowners need to pay their taxes.
 

theparrot

Level 6
Legacy Exclusive Member
Joined
Mar 24, 2004
Messages
589
Reaction score
0
Nameable said:
Glad to hear it - hope you're making a mint with the name!

DN owners need to realize that they have to pay the registration fee just like homeowners need to pay their taxes.


Ah, I miss the days when domains were free.
 

Nodnarb

DNF Member
Legacy Exclusive Member
Joined
Oct 10, 2003
Messages
393
Reaction score
0
Glad it seems to have been worked out.

Is there a way to actually verify previous registration holders of a domain name? Maybe he was blowing smoke? If he tried to get the name from the previous holder of "his name" that guy let it expire, he missed it and moved on to harrassing you?
 

jberryhill

Philadelphia Lawyer
Legacy Exclusive Member
Joined
Oct 8, 2002
Messages
2,574
Reaction score
12
"In general, when someone claims trademark infringement, and threatens a domain-holder with immediate legal action, but does nothing for many months, has he implicitly abandoned his rights to the name?"

The odds of success of a laches defense increases in proportion to "many". In general, "months" is a non-starter. After a couple of years, then you have something.
 

Ovicide

Level 4
Legacy Platinum Member
Joined
Jan 8, 2003
Messages
202
Reaction score
0
jberryhill said:
...After a couple of years, then you have something.

Two years, miniumn, then? That's good to know.

I'm certain many people who hold generic names have been threatened by would-be trademark holders.
 

jberryhill

Philadelphia Lawyer
Legacy Exclusive Member
Joined
Oct 8, 2002
Messages
2,574
Reaction score
12
"Two years, miniumn, then? That's good to know."

I wouldn't quote that as a hard-and-fast rule. Your mileage may vary, but there are TM cases in which a laches defense prevailed in view of periods of inaction as short as that.

"I'm certain many people who hold generic names have been threatened by would-be trademark holders."

Absolutely. People will say almost anything to get their hands on a good domain name sometimes. But that is no different from ownership of any other sort of valuable asset. When one has something that other people want, then inevitably one must defend against claims of right advanced by others.

Rights of ownership in anything are not self-executing. I once had a neighbor, for example, who genuinely believed he owned a five-foot wide strip of property near the edge of my backyard. Was it an unwelcome pain to hire a surveyor to come out and mark out the legal boundaries of my yard? You bet. Was it even more of a pain to find out my neighbor came out in the middle of the night to move the surveyor's stakes? Yep. But life is like that, and domain name disputes haven't added anything new to the burden of one who must protect his or her rights from time to time. Anyone who has anything valuable, and anyone in any line of business, has to deal rationally with conflict.
 

RMF

Level 8
Legacy Platinum Member
Joined
Sep 9, 2002
Messages
1,437
Reaction score
0
Nodnarb said:
Glad it seems to have been worked out.

Is there a way to actually verify previous registration holders of a domain name? Maybe he was blowing smoke? If he tried to get the name from the previous holder of "his name" that guy let it expire, he missed it and moved on to harrassing you?

He was the old registrant. I know that for a fact.

RMF
 
Status
Not open for further replies.

Who has viewed this thread (Total: 1) View details

Who has watched this thread (Total: 3) View details

The Rule #1

Do not insult any other member. Be polite and do business. Thank you!

Members Online

IT.com

Premium Members

Upcoming events

Our Mods' Businesses

*the exceptional businesses of our esteemed moderators

Top Bottom