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Graduate Student Defends Right To Own Chicago2016.com
An anonymous reader points to a story in the Chicago Tribune about another domain-name battle. Quoting the article: "As Chicago wages its battle to host the 2016 Olympics, it also finds itself scrapping over a valuable piece of cyberspace: the domain name of Chicago2016.com. The bid team along with the U.S. Olympic Committee are trying to wrest that online address from Stephen Frayne Jr., a 29-year-old MBA student. Frayne snagged it back in 2004, about two years before the bid was launched. ... 'We certainly see Chicago2016.com as the logical default domain for our site, and we believe having someone else control it is misleading for people seeking information about Chicago's bid,' said Patrick Sandusky, a spokesman for Chicago 2016, a moniker protected by trademark."
This does not a case of someone trying to make a buck on the name. It looks like someone smart who registered a domain name for the purpose of discussion. The domain is not parked, not defamitory and is in use. Case closed. If this he looses his domain name, then who is next?
I can understand the notion that people who snipe domains associated with trademarks generally can't hold on to them. The idea that one can seize a domain that has been owned longer than a given trademark has existed seems downright dangerous, however.
The notion is awfully close to essentially saying that anybody who can't afford a stable of relevant lawyers can have domain names taken at the whim of those who can, which is rather an ugly idea.
a spokesman for Chicago 2016, a moniker protected by trademark.
Awww, isn't it too bad that trademarks don't give you retroactive ownership of whatever you like? Next time, check BEFORE you secure the trademark to see if it's already available. In fact, I bet they did- and just assumed they could take it over, just like how the IOC and USOC shut down everything named "olympic", even stuff that was named because said business was near a (different) Mount Olympus.
Raise your hand if you're completely fed up with the Olympics. Raise your hand if you think it's time that the IOC/USOC-bought legislation "protecting" the Olympic "trademark" was repealed.
Please help metamoderate.
It's an under-appreciated punctuation mark anyway.
Fixed. Sorry, I just couldn't resist. ;-)
What's next, grant the patent to the large organizations simply because they're large?
Watch yourself, son. You're dangerously close to infringing my patent on "a method for granting patents to entities using a relative comparison of the size of entities."
i forget
Since when can someone snatch a trade name (which is basically what a domain name is), just because it "fits"??
The old rules basically were: if you registered a name first, it was yours, unless it could be construed as misleading or confusing to consumers (i.e., confusing one product for another), based on someone else's EXISTING name.
This might not be the best example, but a rocket and a tennis shoe could both be called "Nike", even though they were otherwise unrelated, because there was little possibility of confusion.
Chicago did not have the name first. If the goddamned business people would have some foresight, they would have grabbed such names when they started thinking about bidding for the Olympics... not years later after someone beat them to it. I do not see where there is any legal principle that says, "We didn't think of it then, but it obviously should be ours, so we want to take it now!"
I call "sour grapes". They fucked up, and now want to take advantage of someone who was smarter than they were. That does not a legal case make. If they want to make money on the name, then grab the name first! Why should they take precedence over someone with more business-savvy then they have?
a) We move the Olympics year!
b) Chicago gets a new name!
Copyright infringement is "piracy" in the same way DRM is "consumer rape"
Dear City of Chicago,
We regret to inform you that we have voted our 2016 Olympic Games be held at the fine city of Amsterdam, and not Chicago, IL.
Our decision was based on many factors, and your city scored quite well on all criteria of the selection process.
But when it came down to it, Amsterdam2016.com was actually registered to the right people.
Sincereley,
The Olympic Planning Task Force
-David
Comment removed based on user account deletion
Now if you created a parody site called "mcchocolatecake.com" and testified that you had used the term with the belief that it was so outlandish that McDonald's would never use it AND that any onlooker would see the name as a parody rather than a legitimate name, then you might have a case. But if McDonald's did come out with a McChocolateCake, you might be screwed anyway. It would be up to the ICANN panel to decide.
Not necessarily.
There was a very similar situation with Malcolm McBratney, who's nickname is McBrat. He sponsored a Rugby team an put his nickname on the shorts. McDonalds tried to sue him, partially based on their plans for a childrens clothing range. Although their planned name was McKids, NOT McBrats.
Anyway, they lost. It probably didn't help them that Malcom is an IP lawyer.
You can read more at: http://www.lawyersweekly.com.au/articles/McBrats-wins-in-IP-lawyer-vs-Maccas-case_z68530.htm
Ever stop to think