Not fraud, it's called trademark infringement (assuming we are talking about running a site like BuyMicrosoftPrograms.com or something) Why do people post legal advice when they clearly have no legal knowledge?
Again, what's with the bullshit advice? Here, you can read Wikipedia to learn the (rather large) differences between a Trademark and a Copyright: http://en.wikipedia.org/wiki/Trademark http://en.wikipedia.org/wiki/Copyright
If a brand never registered as an Intellectual Property Rights, law will not consider it as an IPRs. Maybe IPRs has other perception on ICANN "first come first serve" term. This is not a bullshit advice. Perhaps you are a good lawyer, but I'm also have law degree
Spending time in a Nigerian prison doesn't mean you have a law degree. Company names are not copyrighted, they are trademarked. You do not have to register a trademark to have rights. Go research common law trademarks and first usage rights before you post in the legal section again.
COme up with your own name, concept and marketing campaign and that way, you won't have any problems. anytime you look to ride someone elses success for your own gain, you are playing with fire and you never know how they will respond. I know if you infringe on one of my sites, I'm coming after you, your hosting company, employees, and anything else connected to the site..win or lose, I will do everythig in my power to make your life a living hell for not just coming up with your own idea the way I did. ...now how do you think a company with more money than me will react ?
You know it's interesting that in another thread someone has done just that and they're getting C&Ds on the domain name. http://forums.digitalpoint.com/showthread.php?t=1510773
You'm have law degree, and you don't know the difference between trademark and copyright? Did you make the degree yourself on your inkjet printer?
except from what I saw, the domain name was registered before the book was published...if that is true, no TM infringement.
But yet the author is trying to sue for infringement therefore the poster's irony of doing everything right but yet still caught up in a legal concern.
That's not quite true. Owning a domain gives you no trademark rights. If you registered a domain BEFORE a trademark usage by another party, then the domain registration alone cannot be guilty of bad faith, however, if you then use the domain to ride the goodwill of a trademark established after you registered the domain, it can certainly be trademark infringement. Trademarks are established by usage. Technically, you could have dozens of owners for the same trademark (i.e. "myspace" and "apple" have multiple trademark owners) - each owner would have specific usage rights (one could be a trademark for clothing, the other a accounting firm, etc. Each usage is unique and doesn't infringe upon the other. The line gets much more blurred when you start talking about coined terms or famous marks. The owner of this particular domain registered it before the publication of the book. There was no bad faith until they decided to try and "ride their goodwill" by taking (attempting) advantage of their success. That's what gets you into trouble. If you had owned Amazon.org to 15 years and it had been used to talk about the river, you can't change the content (usage) of the site to a book selling store or an auction site. That's infringement. Say you had a little book business you ran out of your house for 20 years called "Amazon Books" and had established a common law trademark. Now it was so small that "Amazon.com" didn't even know about it, you only have 5 years to contest/cancel a trademark registration. After that, a registered trademark owners rights are cast in stone (unless you could prove fraud). If Amazon.com mark had past the period to contest or cancel, the little bookshop owner wouldn't likely lose their right to usage, but wouldn't be allowed to expand their business or probably go out and run a website under that name. That's one reason you should register a trademark.