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Thanks for the response Larry. Since all I'm willing to spend is in the ballpark of the UDRP filing, my major take-away is is that coming to an agreement withou

by awolf 15y ago

Thanks for the response Larry. Since all I'm willing to spend is in the ballpark of the UDRP filing, my major take-away is is that coming to an agreement without the use of legal tactics is optimal for both parties. I was surprised to hear you say I have no case though. I thought that owner of a domain needed to be able to show intent to make use of it. Otherwise, it could be argued that they are squatting the domain and holding it in bad faith. Is this not the case?

larrys 15y ago
Well it's pretty easy actually to show that you are using the domain but you don't have to always even do this. You just have to not be infringing on someone else in the majority of cases or at least have a leg to stand on. I know of a specific case where none other than American Express wanted a particular domain and wrote the scary lawyer letter. They received a letter back saying the domain was used for email. They never filed anything or took any further action. They went away. (And they had a trademark on the domain and I would say the name was valuable to them). A few years went by and the domain was then sold and the email transitioned. I know of another case involving the NBA as well. In that case the domain pointed to a site but it had nothing to do with basketball. And many others involving less prominent trademark owners. There is plenty of nuance in this business. It's hard to summarize everything or make generalizations. Every situation and strategy is different. In ways it's like the difference between reading about medicine on the Internet and seeing an actual doctor. Certain combination's of circumstances change strategy and management. No way to understand and read about it. It comes from experience and actual practice.