tldlobby.com is trying to organize itself, among other resources for individual domain owners.
SIDNA (Society of Internet Domain Name Appraisers, Brokers, and Professionals) is in the beginning stages of organizing the aftermarket industry as a n industry, with definite interest in IP issues and reverse domain name hijacking issues.
The Unofficial ICANN At Large Site is working to provide a community for people who want to work through ICANN itself.
If Mattel is reasonably smart on this one, they'll get the name for between $750 and $1000 plus their legal fees. An actual court might pay attention to the "non-commercial" aspects of dilution, but...that's why we have the UDRP. For those of you who aren't familiar with the Uniform Domain Name Dispute Resolution Procedure, here's an example of how it could very well go....
Mattel brings an "abusive registration" complaint against our domain name holder. WIPO or NAF or eResolutions takes the money and says "yep, yep - it's abusive registration" and assigns it to a "panel" for a "fair and impartial" MANDATORY review. (note that the complainant pays the panel, and in some cases chooses the panel.)
First off, our panelist decides that simply offering the name for sale to ANYONE means that our respondent was REALLY offering it for sale to Mattel. Bad Faith! Strike 1. (that's ok - if it hadn't been offered for sale, the panel might have decided it was a "silent extortion attempt" to nonverbally compel a trademark holder to bid for it. I am NOT making this up.)
Then there is that 350k...it clearly demonstrates a intention to profit from the trademark. And it must not be a "legitimate" website, because precendent says that a real website makes money. Whoops! Strikes 2 and 3!
Then it's an easy step to decide that "the barbies" is "confusingly similar" to "barbie". Ouch - strike 4!
Bang! goes the gavel and Mattel gets the site. They also get it cheaply, since they don't need to actually take a case to trial. Of course, the lawyers will still get their retainer, and they didn't need to work too hard at all.
Trademark law at least has some protections in it - the UDRP expands the "rights" of mark holders far beyond what US law gives them...and it's so much cheaper for the holder. As the holder of the domain name, you would of course have to sue in actual court to try and get it back...gee, sorry it isn't cheaper for you....
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tldlobby.com is trying to organize itself, among other resources for individual domain owners.
SIDNA (Society of Internet Domain Name Appraisers, Brokers, and Professionals) is in the beginning stages of organizing the aftermarket industry as a n industry, with definite interest in IP issues and reverse domain name hijacking issues.
The Unofficial ICANN At Large Site is working to provide a community for people who want to work through ICANN itself.
Greg
If Mattel is reasonably smart on this one, they'll get the name for between $750 and $1000 plus their legal fees. An actual court might pay attention to the "non-commercial" aspects of dilution, but...that's why we have the UDRP. For those of you who aren't familiar with the Uniform Domain Name Dispute Resolution Procedure, here's an example of how it could very well go....
Mattel brings an "abusive registration" complaint against our domain name holder. WIPO or NAF or eResolutions takes the money and says "yep, yep - it's abusive registration" and assigns it to a "panel" for a "fair and impartial" MANDATORY review. (note that the complainant pays the panel, and in some cases chooses the panel.)
First off, our panelist decides that simply offering the name for sale to ANYONE means that our respondent was REALLY offering it for sale to Mattel. Bad Faith! Strike 1. (that's ok - if it hadn't been offered for sale, the panel might have decided it was a "silent extortion attempt" to nonverbally compel a trademark holder to bid for it. I am NOT making this up.)
Then there is that 350k...it clearly demonstrates a intention to profit from the trademark. And it must not be a "legitimate" website, because precendent says that a real website makes money. Whoops! Strikes 2 and 3!
Then it's an easy step to decide that "the barbies" is "confusingly similar" to "barbie". Ouch - strike 4!
Bang! goes the gavel and Mattel gets the site. They also get it cheaply, since they don't need to actually take a case to trial. Of course, the lawyers will still get their retainer, and they didn't need to work too hard at all.
Trademark law at least has some protections in it - the UDRP expands the "rights" of mark holders far beyond what US law gives them...and it's so much cheaper for the holder. As the holder of the domain name, you would of course have to sue in actual court to try and get it back...gee, sorry it isn't cheaper for you....