Won OfficeXP.com & Windows98.com.... or did i?

[Gerry]

The lawsuits brought about against individual registrants lately by ms (anyone remember the Indiana case last year), why would anyone want to wade in shark infested waters?

refresh yourself on the Indiana case. MS did not URDP, no WIPO...straight to criminal court.

And ms won.

Again.

Over and over.

Again.

 

[BostonDomainer]

Do you remember what penalty the squatter incurred.

 

[DN BROKER]

Cybersquatters are not Domainers, it's that simple.

 

[FreddyS]

Don't park it with Microsoft Ads.
But it is a nice catch.
Looks like MS is getting prepared for new TLD´s and offloading old stuff.....

 

[tldrental]

Why would you even backorder these names ? :?:

I saw them in my NameJet daily newsletter.. and was first curios. When I saw it was pending deletion their was 8 hours left and the bids were so low. I thought what the heck.. it was one of those things I thought had to be a mistake.. but what the hay.. lets see.

So in the final 15 minutes I refreshed as we all do.. watched the red timer decrease down the last few minutes. At the end I appeared to be the winner...

All the above said.. I am pretty sure it was a fluke.. because no email notifications or transfer. I have won a few others since these ended and everything went smooth as expected...

So I am sure this was a mistake.. or bug.

 

[Gerry]

Do you remember what penalty the squatter incurred.

There were four defendants, I believe it was well over 100 MS brands. Convictions (suspended sentences?) but stiff fines and penalties. Can not remember total monetary fines but was not cheap. Way more than I care to turn over.

 

[NostraDomainus]

Owning a domain name is not necessarily in itself a TM infringement - Is it?

Isn't actually infringing upon a TM when TM infringement occurs? :?: ...and puts one in an 'actionable position'?

As a Canadian, many moons ago in my early domain days, I had the Palm Pilot company send me a C&D letter, whereby they had no grounds upon which to show their TM was infringed upon, and therefore I immediately told them and their NYC lawyers to C&D from harassing me or I will have them charged. The domain was not parked, developed or anything, and didn't resolve to anything. It appeared to be a case of reverse domain hijacking (but I could be wrong). Never heard from them again.

Point being, just holding the name did not appear to be illegal/prohibited. Now if I were to try and confuse the marketplace by trying to sell similar products to Palm Pilot under such a name - then yeah. Possible cause for action. Ask Mike Rowe (sp?) with his Software company years ago.

Anyone else have any thoughts about this: Domain Ownership of a TM vs. TM Infringement? The fine line?

 

[NostraDomainus]

Cybersquatters are not Domainers, it's that simple.

...and Reverse Domain Hijackers are Not TM Protectors either.

 

[FreddyS]

Imagine a shoestore in a city, first the one is setting up his store with a light green logo, Shoes Stock. Then 2 month later another store opens right next to the "old" store with a dark green logo Stock of shoes. Does anybody would get trouble for that? I don't believe so because. You can open shops where ever you want in the world, but not in the internet.

 

[Mark Talbot]

Imagine a shoestore in a city, first the one is setting up his store with a light green logo, Shoes Stock. Then 2 month later another store opens right next to the "old" store with a dark green logo Stock of shoes. Does anybody would get trouble for that? I don't believe so because. You can open shops where ever you want in the world, but not in the internet.

The question begs,...

Did "shoes stock" get a trademark, a service mark,.. or anything?

If so,.. the store next door may be in trouble.

Internet or brick and morter. it doesnt matter.

 

[FreddyS]

there are many examples where generic words got a trademark, and then it matters.

 

[Gerry]

Seems like there are quite a few people in this post attempting to justify regging and owning a domain that violates someone else's TM.

When your ass gets hauled into court, do you really think you would win?

I wonder what the defense was with the Indiana four...it was available so apparently they [ms] didn't want it so we regged it.

In its lawsuit, Microsoft is seeking $100,000 in damages per domain name. With all the domain names Microsoft links to Peppler, he could be on the hook for $9.5 million and that does not include the punitive damages and the surrender of all “ill-gotten gains” requested in the lawsuit.

 

[Albert Tai]

Holy smokes...i'm pretty sure the person has to declare bankruptcy after that

Seems like there are quite a few people in this post attempting to justify regging and owning a domain that violates someone else's TM.

When your ass gets hauled into court, do you really think you would win?

I wonder what the defense was with the Indiana four...it was available so apparently they [ms] didn't want it so we regged it.

In its lawsuit, Microsoft is seeking $100,000 in damages per domain name. With all the domain names Microsoft links to Peppler, he could be on the hook for $9.5 million and that does not include the punitive damages and the surrender of all “ill-gotten gains” requested in the lawsuit.

 

[Raider]

Cybersquatters are not Domainers, it's that simple.

Agree, but you have to admit a great number of Domainers are Cybersquatters... And when confronted, they try and justify it or make creative excuses for it, like the post we saw from Maxwell.

Good luck and have fun trying to explain that to MS legal department.

Imagine how hilarious it would be at the WIPO hearing listening to him explain it.

 

[Seraphim]

Office XP = a blog about your experiences at the office. Just like "office experience". But officeexperience.com is taken. So this was your alternative.

Windows 98 = you're installing windows in peoples' homes for $98. It is part of your business name just like 99 Designs.

Hahahahaha!

Doesn't MS sue for a couple hundred grand per TM domain? I wouldn't touch those domains with a 10 foot digital pole.

 

[katherine]

Microsoft_legal (Aaron) is a member here. Why not PM him and ask what he thinks

 

[Raider]

Hahahahaha!

Doesn't MS sue for a couple hundred grand per TM domain? I wouldn't touch those domains with a 10 foot digital pole.

It's like the recent U.S Supreme court ruling that upheld a $675,000 penalty against a college student for illegal file sharing, I believe it was 25K per song.

It really depends on how aggressive Microsoft wants the get, personally I think it's foolish to take the risk when the benefit of owning such names is miniscule at best.