Fucking lying bastards of Oakley Inc., how cheaters win the game...

I would like to post this article on my blog is that fine with you? I think everyone should post this on there blog maybe oakley will loose some sells

 

You bought a domain and offered to sell it back to them for a exorbitant amount of money, you got what you deserved.

 

Not that anyone's required to know. But what's maybe worse is the 1% or less
who claim to know how legal issues work in the real world and tell others how
to go about it, then turn out to be dangerously wrong knowing they may not
be right.

Disclaimer: I never claimed to know I know how it all works, nor have I said it
will turn out to be this. I'm just fortunate to have dealt with this sort of thing
in my previous registrar life, more so lucky to have learned this from veteran
lawyers who do specialize in it.

 

Oakley is in business to make money and look out for their best interest. They have deep pockets and can afford to battle you to the death if they want, even if it's for a $10 domain name. While your intentions may have been somewhat tame, technically they're entitled to that domain.

I still like Oakley's products..and in fact I sell a about a dozen corporate vehicles to them each year for their sales reps.

 

You should get one of the people here at DP to write you a quality press release. I mean quality. Pay maybe a couple hundred dollars. Then, go to some major news stations here in the US with the press release and I guarantee you get some publicity with this and make Oakley look like a bunch of jerks.

Thats my opinion.

 

Those damn bastards!

 

They lost my business if they do people like that. Thats pretty crappy!

 

I suppose that's fine if it's intended to soothe one's ego and project Oakley as
being a bunch of jerks. But if it's intended to cause them to lose business, it's
a waste of time and money.

But hey, who am I to say how one should spend their time and money over a
thing they brought upon themselves?

 

sorry to hear bro.. I never liked Oakley tho

 

Sorry to hear about what happened. However, as you already know, there are risks and you were aware of the risks even before. Still, I think the company was a bit too harsh. I guess that's what their legal teams are paid big bucks for.

 

So, apart from the domain name cost, how much you spent for the legal battle?

 

Yeah and sell it to CNN or the Associated Press right? Nobody cares enough to take such a story, expecally with more important things going on. Trademark infringement, regardless of the reasons behind it, is still trademark infringement. It's pointless for a major network, who would understand trademarks themseles, to argue a one sided case.

 

After reading all of these highly charged posts, I believe that Oakley handled this the wrong way. It seems like they could have served potential customers in the Netherlands better by allowing you to develop the website to sell their products in a more timely fashion. Now they just have lost a good customer and generated some ill will in the process. Regardless of whether or not you were right or wrong in your pursuit, it does not justify their unethical behavior. In my opinion, there is nothing worse than lying. Lying to a judge, well you reap what you sow. I'm sure they will get what they deserve.

 

Dude, that is stupid... Expect them to get no business from everyone I know...

 

In case you didn't read it, he used it for other purposes, and offered it to them, and another person who he thought was a private party, not part of a corporation.

 

You made a mistake trying to sell the domain to them for $25,000. That's a lot of money and Oakley doesn't have to pay you that much because they own the trademark. They can just take the domain from you if they want (obviously, they already did). I know you're gonna say that you tried to sell it for $25,000 because the domain holds value. That's true. But the reason it holds value is because of Oakley's trademark. In short, you tried to profit from their property.

Well, you said later on that you're willing to give it to them for free. If that's really how you felt then you shouldn't have asked them for money for the domain in the first place. Maybe if by the time you contacted them for permission, you said you'll give the domain for free or maybe ask for the reg fee if they won't allow you to develop it, you wouldn't have this problem. Maybe they would even allow you to build the store that you were planning to make since it might be beneficial for them as well.

In case you didn't read, the OP bought the domain with an intention to build an online store for Oakley eyewears. The site was undeveloped when he contacted Oakley. And when he contacted Oakley, he gave them 2 options - let him build the store using the Oakley.nl domain or buy the Oakley.nl domain from him for a huge amount of money way more than reg fee. He developed it later while waiting for Oakley's response.

 

LOL, Oakley spent millions of dollar developing their brand. It's from them to say who can and who cannot use it. A lot of companies don't allow or restrict the selling of their product via the net to protect their retailers in brick and mortar locations. I don't if that was the case here, but it doesn't matter. They own the name, they get to decide who can and who can't use it. Regardless of if you like the law, it is the law. In fact, the law says that Oakley must take measures against people who try to ride their goodwill. If they don't take action, their trademark can become genericized. That's what happened to a company that came up with a product name for their pain relief medication. A company called Bayer, their product "Aspirin". They didn't protect it, and others used the name "Aspirin" without their permission, and they lost trademark rights. Now anyone can use it in the US.

The OP purchased the domain knowing he needed permission to use it for selling Oakley product - permission he didn't have. He spend $10 for a name Oakley spent millions of dollars developing. Had he wanted the domain to do a website on Annie Oakley, that would have likely been ok - but he wanted it to sell Oakley trademark product.

Now the OP tries to sell the domain for a large sum of money to someone else. The domain is virtually worthless unless the intend use is to sell Oakley trademark product. He asks for a large sum because of the value Oakley's millions of dollars in marketing has developed. No one was going to pay big bucks for a domain they could only use for Annie Oakley. Had he been able to pawn it off to someone unlucky fool, they would have lost their money.

Now Oakley asks for the domain. The OP refuses. Oakley doesn't sue (Oakley could have sued and asked for damages and treble their legal fees), but rather file a WIPO action to have the domain turned over to them - no damages, no legal fees. The OP could have complied, but rather tried to switch the usage to something else and decided to fight it. He lost.

Even if Oakley lied about certain points (and remember, we don't know what really happened, and making such claims, if untrue, are libel per se) it doesn't matter to the legal outcome. The OP registered the domain in bad faith. He tried to profit by selling it. He had no legitimate claim to the use of a registered trademark. Oakley did what the law requires them to do - protect the unauthorized use of their trademark.

 

I have a message for all of you who think Oakley did something wrong:

YOU ARE IDIOTS.

Look up intellectual property law. The guy who started the thread tried to profit from their TM and got burned. Big deal, boo-hoo.

"Let's take it to the media"
"Oakley will lose sells"

What a bunch of morons.

 

Sounds like they used the domain squatting law on you with that email you sent to them trying to sell the domain. This is business, put yourself in their shoes...they took offense obviously from the beginning. Trademarks are hard, whats up with this google ads stuff? Companies have to register, or send some sort of notification to google not to allow anyone else to use their trademark....but why would a company do that...lol....makes noooooo sense

I dunno, buying the domain, then sending them a letter for permission. I know you wanted to secure...but I bet that really made them hot.

Might want to sell the competitors brand instead, screw them. Sounds like you have good amount to invest for an esite. I wish you the best with your next venture...Dont give up.

 

Can any one please explain what is this in case of ebay?

One of my friends has a registered company name, but someone else is using the same name as his ebay ID.