This is a post I saw today on Acorn forums
Yesterday I received a spectacularly blunt email from lawyers representing Warner Bros notifying me of a UDRP complaint that they’ve filed against me for my domain thehangover3.com. A domain I registered in December last year (before the film had been announced) and have always intended to use. I know that they’re a multi billion dollar company and don’t have time for small fries like me but a courteous email would have been much more polite than a blank email with nothing but attached legal documents, but anyway.
I’ve read that the best course of action to take is just to ignore the lawyers and delete the domain, thus washing your hands of responsibility, but I can’t do that because a) on the request of Warner Bros, Tucows has frozen the domain, meaning no transfers or deletion can take place, and b) I first want to know if I have a chance of beating Warner Bros and keeping the domain.
Unfortunately I seem to have shot myself in the foot by automatically putting a ‘for sale’ notice on this domain (it used to be my default holding page on all my domains) as it gives them good grounds to argue that I registered the domain in “bad faith” and that I only intended to sell it on for profit. However, if the film was actually announced I genuinely intended to create a blog about the film and get some organic traffic going rather than just going straight for a sale.
Currently I’m wondering if I should try and build my blog anyway and fight back on the following grounds (from the UDRP):
“you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.”
or whether I should capitulate and let them take the domain.
Any help would be very much appreciated.
tl;dr Warner Bros lawyers have filed a UDRP complaint against me and I’m wondering if I have grounds to fight or not.
Evidently he doesn’t read DNW. Unfortunately there are so many people that think this way. “I registered it before the movie even been announced” . The first movie and second movie had already been made and he still feels comfortable in his registration times. AND he had it for sale. Of course, accidentally. It’s not a difficult concept, if you are trying for monetary gain based on the trademark or name of someone else you are probably in the wrong. Every case is different but they don’t get much easier than this one. I’m not buying the woe is me act. There are a million ways to make money with domains but front running movies and typos of popular websites is to me, both wrong and lazy.