Just been served a UDRP by Warner Bros, need help!

[silentg]

Simple search on google with your name shows many other TM domains.

Few examples of TM you're infringing on:
Diablo
Youtube

 

[spobin]

I would reach out and find out how you can give them the domain name without the UDRP completing, as otherwise there will be a permanent and public record that they beat you in a UDRP case (probably with some juicy "he's a cybersquatter and didn't even bother to defend himself" wording from the expert) and that can come back to haunt you in future if you get into other disputes, as the Complainant can use your UDRP loss to try and establish a "pattern" of bad behaviour.

Thanks for the advice. I was going to just let the complaint run its course but if you're right then I should probably try and get this withdrawn. Not that I intend to get any other complaints but it's probably not a good idea to have a record with ICANN.

Simple search on google with your name shows many other TM domains.

I naively didn't think anything of registering tm domains. Most of these sites were used to drive traffic to other sites I've been developing. Now that I know I should probably drop these domains too.

 

[silentg]

Ask your registrar if they can delete the domain.

 

[spobin]

Ask your registrar if they can delete the domain.

Already tried. It's been locked until the dispute is over :/

 

[binny]

I think you should contact the lawyers, ask them if they know who they are dealing with then wait for them to back off and lick their wounds.

 

[silentg]

Already tried. It's been locked until the dispute is over :/

I meant for other TM domains in your portfolio. Use trademarkia.com to check for Trademarks.

 

[spobin]

I meant for other TM domains in your portfolio. Use trademarkia.com to check for Trademarks.

Oh right, yes I'm going to do that this evening. I didn't know Trademarkia.com existed but I'll definitely be using it from now on, thanks.

 

[aZooZa]

My advice is never to post a litigant's name AND the domain name. It's all over Google now as I write this.

 

[spobin]

My advice is never to post a litigant's name AND the domain name. It's all over Google now as I write this.

Why not?

 

[aZooZa]

Why not?

So as not to compromise your position.

 

[spobin]

Is it even possible to delete domain names before they expire? My hosting company has just emailed me to say they can't.

 

[spobin]

Just found this.

 

[Pred]

Is it even possible to delete domain names before they expire? My hosting company has just emailed me to say they can't.

I think you can delete directly from your nominet account dude
Just do that or offer to transfer straight away

 

[Nick11380]

I messed around with a John Lewis domain once. It wasn't long before I received similar emails and letters through the post to which I just removed the content and moved on.

The site probably would have generated some modest revenue but absolutely not worth trying to stand your ground. These people will crush you!

If you can't delete the domain, go to your .htaccess file and whack on

redirect 301 / http://www.google.co.uk

That should show your intentions until the domain expires.

 

[Whibs]

I think you should contact the lawyers, ask them if they know who they are dealing with then wait for them to back off and lick their wounds.

That made me laugh out loud;-)

 

[srisri24]

In all chances you will lose the domain if a UDRP is filed. No point fighting for the domain, just let it go and move over. But if at all you develop into a blog, dont keep any adsense on it.

 

[Americar]

I would reach out and find out how you can give them the domain name without the UDRP completing, as otherwise there will be a permanent and public record that they beat you in a UDRP case (probably with some juicy "he's a cybersquatter and didn't even bother to defend himself" wording from the expert) and that can come back to haunt you in future if you get into other disputes, as the Complainant can use your UDRP loss to try and establish a "pattern" of bad behaviour.

Notify UDRP and Warner/lawyers that its no contest and that you agree to transfer the name to Warners .. UDRP can nul and void the the action and refund Warners the fees paid by them if all three agree .. saves you some trouble and Warners money ..

 

[AXMatt]

Don't ignore the UDRP and DO NOT MAKE ANY CHANGES TO THE SITE...

Right,

Don't listen to these idiots bellow regarding the 301 redirect, this can be undone and makes you look silly.

Right,

1) They don't own ANY copyright for 'The Hangover 3' or 'Three'.
2) Your site doesn't mention anything to WB or the previous two films
3) You need to submit on the grounds of 'first come, first served'
4) Do not, under any circumstance, note in the UDRP filing that you registered it due to liking the films!

Message me and I'll help you submit a reply, you may as well fight them as you, unlike the BS on this forum, WILL NEVER, have to cover costs against you via the UDRP unless you want to appeal any decision!

 

[keano]

Fighting the UDRP would be a poor decision in my opinion.

Even if you were to win at the UDRP against a billion pound corporation and their well heeled lawyers, do you think they would be happy to lose the case? They aren't just limited to the UDRP. They are going with the UDRP first off becasue they stand a good chance of getting the domain, it is cheap and it is an established way to deal with domain disputes.

If they lose, you don't want them pursuing other legal avenues which can incur significant costs and damages.

Think if you did win the domain name, what would you do with it in all honesty and is it worth the hassle of going through arbitration and potentially getting one strike against your name as having lost a UDRP decision?

I'm not a lawyer, but I have acted as middleman between registrants and some real heavyweight claimants ranging from Las Vegas casinos though to governments and I would say that the best course of action in my opinion would be to ask the claimants the details of the registrar for WB and say that a transfer will occur to their registrar as soon as you have the admin details from them.

 

[AXMatt]

Fighting the UDRP would be a poor decision in my opinion.

Even if you were to win at the UDRP against a billion pound corporation and their well heeled lawyers, do you think they would be happy to lose the case? They aren't just limited to the UDRP. They are going with the UDRP first off becasue they stand a good chance of getting the domain, it is cheap and it is an established way to deal with domain disputes.

If they lose, you don't want them pursuing other legal avenues which can incur significant costs and damages.

Think if you did win the domain name, what would you do with it in all honesty and is it worth the hassle of going through arbitration and potentially getting one strike against your name as having lost a UDRP decision?

I'm not a lawyer, but I have acted as middleman between registrants and some real heavyweight claimants ranging from Las Vegas casinos though to governments and I would say that the best course of action in my opinion would be to ask the claimants the details of the registrar for WB and say that a transfer will occur to their registrar as soon as you have the admin details from them.

They have no rights in the name 'Hangover' it's not a trademark, they haven't registered it as one in use with a film etc, they're barking mad if they think they can just take it off you. I wouldn't worry about any legal costs, as they wouldn't stand a chance in court if the UDRP fails. I've also seen some pretty high profile disputes and I can assure you, if UDRP fails, the court can't do much. The money in this matter of WB makes no difference, they can't have it becuase their marketing team is out of touch and use Mark Monitor to manage their IP, major mistake!

I'd fight this as all above, money doesn't mean they can take what they want. First Come First Servered, 4.1 won't matter as you didn't reg in bad faith!