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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 31-08-2010, 06:35:20 PM     #51 (permalink)

 
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Hi Woopwoop,

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People should always keep in mind it isn't black and white. I don't believe that it is enough to just try to avoid affecting their reputation (in this case it might have been - who knows). But blanket statements like fight for your domains (when trademarks are involved) are dangerous.
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If you read my posts and then comment on them, please do so accurately.

Nowhere did I make a blanket statement telling people to merely "fight for their domains".

I advised them to "Do some reading on domain name disputes and prepare to fight for your domains."

I also provided some links for them to get an idea on what help is available to them. Then they can decide if they are likely to be successful in defending their domains.

No blanket comment of mine ever suggested that domain owners should just jump in blindly against solicitors. I was just highlighting the fact that a threatening letter from a solicitor, doesn't always mean that you should capitulate and surrender a name that you may legally be entitled to keep.

If you believe that you are the victim of an attempted reverse domain name hijacking by anyone, look at previous ICANN decisions that are comparable to your own case and make an informed decision on whether or not to relinquish the possibly legal ownership of your domain.

You may end up receiving $9000 for stance, as I did.

If the USA solicitors had taken action against me with an initial "Cease & Desist" notice, I could have simply backed off when I knew the lengths they were prepared to go to and surrendered the name, or I could have taken it a small stage further.

My posting was to encourage people to arm themselves and prepare for any domain name defense, by using precedents that have already been set by ICANN in previous cases.

Read & Prepare.

Or, you could always just drop your best domains, whenever anybody's solicitor asks you for them!
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Old 31-08-2010, 07:34:23 PM     #52 (permalink)

 
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Jaffaman - I'm not trying to offend. Sorry if you were offended.

I did read your post and your situation may be different to the next guys. Who knows? Thanks for providing the links they are an interesting read.

In some cases it may be worthwhile preparing to fight for your domains but not in every case. That's what i was referring to when I said blanket statement.

In my opinion there are some new domainers who would hang on to a dangerous name oblivious to any danger (even when it doesn't make business sense to keep the domain - unless it's to get paid by the person complaining).

I just don't want anyone to get shafted. There are safer and more sustainable ways to make money out of domaining/developing.
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