Domain Name Dispute - Recieved Notice

Discussion in 'Domain Names' started by deepak4490, Aug 12, 2008.

  1. Dave Zan

    Dave Zan Well-Known Member

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    #21
    Slight correction to the OP in that I initially thought someone had suggested
    changing it after I stated what can happen. A thousand pardons.

    Anyway, consider yourself extremely lucky if you're able to get them to maybe
    reimburse you for the registration fee. Beyond that and unless you like being a
    risk taker, try not to push your luck.

    However, don't complain if they won't even pay you. You made the conscious
    decision to register that domain name to begin with, apparently it showed or
    promoted a radio station, the radio station likely has trademark rights to it for
    their line of business, they're not required to pay you anything, and what you
    did gave them more grounds to hold you even more liable.

    And yes, folks, one can have a trademark for a common word as long as it is
    not used in its descriptive sense. Think Apple for computers or Shell for selling
    oil products.

    Personally, I'd just transfer it in a heartbeat. But...it's all up to you.
     
    Dave Zan, Aug 14, 2008 IP
  2. kohashi

    kohashi Well-Known Member

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    #22
    so easy to give advice when you dont suffer any consequences :rolleyes: i love these guys saying sell it to them eh?
     
    kohashi, Aug 14, 2008 IP
  3. hecto

    hecto Well-Known Member

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    #23
    well u are right there, if mentions that he wants to sell it to them then he has already lost the fight....
     
    hecto, Aug 14, 2008 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #24
    Yup. Gotta love 'em kids sometimes.
     
    Dave Zan, Aug 14, 2008 IP
  5. chucky00

    chucky00 Banned

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    #25
    get a bank loan if you don't have money and sue them for harassment...i know around 5 cases in my country and they all loose...why?...they don't own the internet if they have a 2 employees fm station...be tough
     
    chucky00, Aug 14, 2008 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #26
    Oh sure, the OP can get a bank loan, sue for harassment or whatever, and he
    can still lose the potential trademark infringement suit and be fined or worse.
    And he might be in debt from the bank loan, too.

    It's sooooooooo easy to tell others what to do when they're in the midst of a
    legal dispute, considering it's not your time, effort and ass on the line. Did you
    even bother to read fully, much more try to understand, what's going on here?

    Before any of you subsequently post such stupid advice, I highly suggest you
    read everything here and try to understand it. It's not going to help anyone to
    post things like that without knowing and understanding fully how these tend
    to go in the real world.

    And no, how one legal dispute is decided doesn't dictate how a similar or even
    another one will go.
     
    Dave Zan, Aug 14, 2008 IP
  7. chucky00

    chucky00 Banned

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    #27
    wow Dave you are mad my friend...what's wrong with you? i saw the stupid word on about 3 posts of yours here...you're not God you know
     
    chucky00, Aug 14, 2008 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #28
    I know I'm not God. But it does bug me when I see people tell others to fight
    someone disputing their rights without having any real legitimate claim, more
    so when they have all the time to think about what they're going to say just
    before hitting the post button.

    (And yes, I'm included. That's why I subsequently apologized to the OP for a
    wrong detail.)

    Generally speaking, radio stations can have trademark rights as long as they're
    consistently using their intended words or so in commerce, like Meow as being
    discussed here. Considering the OP registered meow.fm, its content that time
    was about a radio station, what do you suppose the radio station is going to
    think why the OP registered that domain to begin with?

    If you're in the midst of a pending legal dispute, you ask online what to do, a
    few tell you to fight them without knowing fully everything there is to know,
    you do what they say, then it turns out they do have an enforceable claim,
    would you feel angry towards those who told you so just because it seems to
    be a popular thing to do yet doesn't reflect how things work in the real world?
    Kudos to you if you personally take responsibility for your wrong actions, but
    not everyone seems capable of doing that, especially those who tell others so
    and have nothing to lose.

    I just happen to have time in my hands to post here. I'm fully aware I am not
    going to change everyone's minds, but I will try to give people things to think
    about...a lot.
     
    Dave Zan, Aug 14, 2008 IP
  9. kohashi

    kohashi Well-Known Member

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    #29
    speaking of stupid, did you read what that chucky guy wrote? It's not harassment, from my understanding here, he probably was violating their marks and it was actually legitimate complaint and he should probably give it up. If not, he should be prepared to foot a large legal bill from one of the top lawyers (who im not sure would even take the case based on facts presented).
     
    kohashi, Aug 14, 2008 IP
  10. deepak4490

    deepak4490 Peon

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    #30
    What about the expenses incurred by me on Designing site, advertisement and Registration of the domain ?
     
    deepak4490, Aug 15, 2008 IP
  11. hecto

    hecto Well-Known Member

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    #31
    well if u decide to give up the domain then you could ask the radio station to cover some of the costs, if they are nice they will, if u go to court and lose then u will lose a lot more then just those expenses. But it isnt exactly cheap for them either to start a domain dispute, it would cost them thousands and I am not really sure they are prepared to do that. Anyway its your choice, just make sure u make a choice that you are happy with. ;)
     
    hecto, Aug 15, 2008 IP
  12. sweetcrazyboy

    sweetcrazyboy Peon

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    #32
    meow channel is a indian channel and i m from india they are making u fool....

    this channel is just launched one month before ... and if u buy this domain name before they actually copywrite they cant do anything i have gigzig.com payscale.com/gigzig offers me xxxxx$ but i reject ... so dont take it seriously
     
    sweetcrazyboy, Aug 15, 2008 IP
  13. healthybabe

    healthybabe Peon

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    #33
    try to design a site about their information,and help site, it maybe help you.
     
    healthybabe, Aug 15, 2008 IP
  14. lezi_guy

    lezi_guy Well-Known Member

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    #34
    Whois info on both domains suggest that both of You are in india and in the same city, so why not meet them in person and sort out the mess? You have posted the domain names so with dp traffic or googling they maybe reading this thread by tomorrow :D
     
    lezi_guy, Aug 15, 2008 IP
  15. Dave Zan

    Dave Zan Well-Known Member

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    #35
    And did you read the OP's starting post that the radio station began before
    the OP registered the domain name? While you're correct they can't do a thing
    if they don't have a copyright, they can do something about it if they have do
    a trademark, which isn't required to be registered to exist.

    Yep. And the radio station can also use this against the OP, as some have did
    so before.

    Seriously, deepak, you're gonna have to really convince them somehow why
    they should reimburse you for your expenses. Unfortunately I don't really have
    any tips for you on that, except maybe to try to show what's in it for them.

    Good luck. You're seriously going to need it.
     
    Dave Zan, Aug 15, 2008 IP