need some of your expertise about domain , Is webdivx.com , a TME issues or trademark issues ? if the site is about music is it ok ? another help needed which is , as i got some domain issues of legal action file against my domains. Below is what they sent me , can help me in this ? how can i settle without legal matters and money . We recently received an inquiry related to your domain name, NEWGATEWAYNOTEBOOKS.COM . The specific inquiry related to your domain name can be described as follows: We have received notification that a legal complaint on the domain(s) has been filed through the World Intellectual Property Organization, www.wipo.int. Please contact with any questions. In accordance with our registration agreement, https://www.godaddy.com/gdshop/legal...dy&isc=gdbb135, we have charged your credit card in the amount of $29.00 for our processing of this inquiry.
Hello Redwebs. I've got your PM. I'm posting here my opinion so that other DP members can comment on it or share their own. On the first issue, your WebDivx.com site has a nice concept. I'm actually using it right now, listening to some music. I'm a great fan of Eva Cassidy, I'm now playing her rendition of "What a Wonderful World." I'm not sure how your site works. So, my opinion in this matter may change upon knowing the process behind your search site. What I'm sure about is that you have a search engine that can scour the web for mp3's containing the strings that a user typed on the search box. With this concept, your Webdivx falls in a gray area; meaning you don't trample upon any person's copyright since you didn't upload these files in your server, only that you provided a search engine, just like Google, on how to find titles that has an mpg, wav or mp3 extension on it. By including a Disclaimer in your site, you may have some legal defense to hold on to. You disclaimer must state that you don't own any of the files, that your site merely serves as a search engine, and that users are bound to the Terms and Conditions of the site where their downloaded files have originated from. Also, add some texts on your site that will clearly show your site is merely a search engine. It must be on the front. However, I see some problems that may come in your way. You may step upon some provisions in the Terms and Conditions of eSnip, particularly the part where it says permission is needed for use in any part of their website. Just scanned it. I'll read it over today and I'll tell you more about it. By the way, is your site pointing to esnip only? As for your second dilemma, I think you should contact GoDaddy about it. I've visited your newgatewaynotebooks.com site and I don't see anything that is worth filing a case for. It's just a landing page, am I right? Ask GoDaddy what's the legal action is about and we can discuss the issue further from there. The link you provided was broken. Please send us a live link so we could read what's the legal provisions that your site have broken. The $29 is, I think, for dispute resolution. Maybe for mediation of the case. If you won, you may seek for reimbursement. But that's just a speculation. This would be all in the meantime. Give us more information about your sites.
but i do hope to settle it in a peaceful way , i get mine $29 back so i can pay for mine hosting and stuffs , and they can have the domain ,both parties will have a happy ending. hope they agree on it .
Yes, tell GoDaddy about your plans, and the management may hear you out. If the complaining party only wants the domain, and you are willing to give it to them, then I think your problem is solved. Let's just cross our fingers that things will turn out smoothly and that you'll get your money back
As far as newgatewaynotebooks.com the issue is a traemark one. How do I know this? The only disputes WIPO deals with regarding domain names at the moment is trademark infringement. Therefore, the notice from WIPO must be about trademark infringement. This is also apparent from the domain name itself. Gateway is the trademark of a large computer/notebook manufacturer. The combination of words chosen for this domain leave no room for the site to be about something else. The fact that the site is nothing but a landing page actually makes it more likely that you would loose the site in a domain dispute (especially since the parked page has ads). This will be seen as profitting from the trademark of another. You can either give up the domain now or have it taken from you later. You will not win a UDRP on this one. The $29 is gone as well. This is a paperwork handling fee that you agreed to when you registered the domain. This is charged by godaddy for having to deal with paperwork, it is not a fee from WIPO. As far as webdivx.com, from the whois data for the domain it appears you live in Singapore. Even in the US this site would be found to be guilty of contributory copyright infringement. It is not a search engine. A search engine scours everything that is linked to on the pages it crawls. This is a search script that searches one site for one type (audio) of link. The description even says download and listen to music. However, you are not in the US, you are in Singapore. So let's talk about Singapore law. In January 2005 some amendments to copyright law went into effect in Singapore. One of the changes was the exclusive right to transmit copyrighted works via the internet. It is defined as "the making available of a work in such a way that members of the public may access the work from a place and at a time individually chosen by them." This is worded in such a way that one can assume providing links to copyrighted materials is illegal under this amendment. The courts in Singapore were willing to entertain the theory that deep-linking (linking to pages within a site) was illegal in Pacific Internet Ltd. v. Catcha.com Pte Ltd., but the case was settled out of court so no official ruling was made. In short, both sites have issues. Trademark infringement with newgatewaynotebooks and copyright with webdivx.com. You may also have trademark issues with divx. In the US divx is a registered trademark for: "Computer hardware and software for downloading, transferring and sharing audio, video and other multimedia transmissions". Sounds like what your site does. Since Singapore has been a member of the Madrid Protocol since October 2000, that means they may enforce the trademarks of other members (the US being one of those members).