Afternoon Folks!!
So I had a thought. What happens after a company is found guilty of REVERSE DOMAIN NAME HIJACKING? Well I think it opens the door for a suit targeting THEIR INFRINGING DOMAIN NAME. How's that?
I believe that will hold water and maybe that is the penalty and we don't need a law. We just need to start biting back and that is EXACTLY what I will use as a strategy on the next case. Imagine taking THEIR domain using the same techniques they did except we actually have a leg to stand on as they copied US.
If they start a knife fight we have the right and the ability to go nuclear on them.
Have a GREAT Day!
Rick Schwartz
Matt R
They pull out a knife…you pull out a gun.
They send one of your guys to the hospital…you send one of their guys to the Morgue.
I like it Rick !!!!!!!!!!111
Domain Attorney UDRP RDNH
The only problem is that the whole UDRP process is an out of court process, so when you go to court it is not allowed as evidence since it has no bearing in a court of law.
Have I got that right? That’s the way I understood it to be.
Tom
Ok, so the system is a joke, Rick has the right idea here, corporations are abusing the system, so why don’t we start abusing the system, and going after their domains in the same process, they will get it, that the system is broken, and attempt to fix it.
Rob Sequin
On the flip side of RDNH thieves, what do you think of domainers who register obvious TM domains… as seen here?
http://www.thedomains.com/2013/04/11/mike-manns-domain-asset-holdings-loses-21-facebook-domains-in-one-udrp/
Martin
I like Rick’s idea.
He can file a claim in NAF or WIPO and admit anything as evidence.
That said,……
9 out of 10 times….
the domain they own is garbage.
BUT………
it will drive them bat crazy!!!…cost them money….
AND if they are doing business on the domain [a’la save.me]….AND LOSE…… (which is ALWAYS a possibility and the reason they play the UDRP lotto)
they will be SCREWED !!!
I LIKE THIS IDEA RICK!!
Josh
If the RDNH is won by claiming the domain is generic or descriptive, then you cannot later argue (with a straight face) that another domain infringes.
Rick Schwartz
The suit would have zero to do with generic and descriptive.
We will simply be using their arguments that they themselves presented, against them in a Federal Court and say that when they registered generic.mobi they KNEW about the .com and therefore THAT constitutes an infringement. A premeditated infringement.
But I am no lawyer and I have not discussed this with any of mine as of yet. But I believe there is a way to use what they did against them in court. What’s good for the goose, is good for the gander. Just the joust would be worth the fight.
Joe
He also ows NormanSchwarzkopf.com the great General from Desert Storm who recently passed away. And this guy is one of the biggest names in the domain industrie. It makes it hard for legit owners of domains when they are stolen in UDRP.
UFO
Are you a Domain Attorney? Seriously? Don’t think so.
I’m sure you can get a URDP process before the court being sighted as expert testimony.
The whole URDP process has been written by legal experts, and those that sit on the panel are ‘experts’.
I’ve always managed to get my reasons for starting legal action against someone before the courts. I’m more than sure I’d be able to get a URDP ruling tabled.
I don’t think there has been a case of the courts over turning a URDP ruling.
Domain Attorney UDRP RDNH
@UFO ….. no, I’m not an attorney. It’s just good keywords for searches. ;)
I do think that UDRP evidence has been presented in the past and rejected, but maybe a good attorney would know a way to do it. Maybe an angle as you suggested,”expert witness”.
UFO
Yes, I kept on getting the run around from the defendants attorney not answering my written questions (They were US based and me UK) so I used their own questions to effectively make my own ‘expert’ witness statements (lol).
Like ‘What was your reason for bringing this case’
Ans: Well I believe your mark is confusingly similar, so I consulted the DU PONT factors and came to the conclusion that the judgement would decide in my favour, for the reasons as follows: (Listed all the factors and iteratively went through and showed how each applied to the case).
http://www.illuminor.com/tm_dupont.php
I’m sure with enough thought you could get a UDRP into a legal case so long as it was referred to as expert opinion. But I could see a legal case having a wider remit than a UDRP. Also, any statements or information contained in the UDRP could also be brought into the case (esp any conflicts or changes).
Anyway, I’m not an attorney, but I do know you need to try your hardest to get your assertions, information etc into the case and documented as the defendants attorney will always try to block it from being assessed in the judgement.
Josh
Rick,
Trademark law has everything to do with genericness and descriptiveness, especially when most UDRP defenses try to prove the genericness or descriptiveness of the term.
Let’s say you own GoofOff.com. And someone today who just started using the name says, hey Rick, you are infringing on our mark. You say, really? It’s a descriptive name! Look at these examples of goofing off. You quote the dictionary definition. You make the full generic/descriptive defense that most UDRP lawyers do. Let’s say you win the UDRP on that basis (as you should).
You cannot then file suit on the basis of trademark infringement. Why? Well for one, you JUST argued for genericism or descriptiveness. That is the opposite of a trademark.
That’s one byproduct of making a generic or descriptive argument—you lose the ability to ever say that your domain is a trademark, unless you later brand and use it in a different way.
Now, you can file a suit for other reasons afte winning a udrp. But I think filing a case for trademark infringement after you just one the udrp based on genericism or descriptiveness would get an attorney sanctioned for a case so frivolous.