domain ...bona fide interest?????? - TCP-IP

This is a discussion on domain ...bona fide interest?????? - TCP-IP ; I am looking for a case decisions to backup my case that I'm planning on filing.... I hope you can help For the sake of protection, I am using these "fake" names as examples: I own CheapCars.com (fake) I am ...

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Thread: domain ...bona fide interest??????

  1. domain ...bona fide interest??????

    I am looking for a case decisions to backup my case that I'm planning
    on filing.... I hope you can help

    For the sake of protection, I am using these "fake" names as examples:

    I own CheapCars.com (fake)
    I am planning on filing a case against the owner of Cars.com (fake).
    I have trademarks and have been commonly known in the market for 3+
    years as Cheap Cars.
    The domain owner originally registered the name Cars.com to sell used
    vehicles. He registered the name in 1995 and attempted commerce with
    the name until 1998. His business interest in the name was valid, but
    is no longer bona fide, since he has not used the name or website
    since 1998. His only use of the name since 1998 has been to sell it at
    an exorbitant price ( I have the documentation). I know this
    constitutes bad faith, but does his idle website for 6+ years void his
    original bona fide interest ???

    I guess another question is: will my Trademark in Cheap Cars pass the
    threshold for confusingly similar to cars.com

    Any help would be greatly appreciated...

    Thanks

  2. Re: domain ...bona fide interest??????

    In article <2fcdede6.0404041310.1fa7decd@posting.google.com>,
    azparaguy wrote:

    >I am looking for a case decisions to backup my case that I'm planning
    >on filing.... I hope you can help


    I'm by no means a lawyer, so my advice and opinion is worth nothing in
    any legal sense.

    My own personal opinion, is that if your case is based solely on the
    facts that you've describe here, I'd expect that you'd lose, and that
    a judge might very well give you a swift kick in the slats, or tell
    you and your lawyer never to darken his doorstep again.

    You're acknowledging that your opponent was actually involved in the
    trade long before you were. You're acknowledging that he registered
    his domain name quite a while before you did. You have not argued or
    presented any evidence that your opponent has tried to pass his
    domain off as yours, or has otherwise attempted to engender any form
    of confusion in the public eye. You have not claimed that the
    business you are in is so non-generic as to make "cars" (or whatever
    the object of sale is) something other than a very general description.

    His domain name would appear to be a valid business asset, even though
    his business is currently inactive. The fact that he's asking a high
    price for it suggests that he feels that it's valuable (and the fact
    that he hasn't yet sold it, suggests that his sense of its value may
    be somewhat in excess of the market in this post-dot-com-meltdown
    era).

    If all you have is what you've laid out here, then it looks to me as
    if you're attempting something akin to a land-grab of a potentially
    valuable property, on the basis of a very weak argument and (in my
    opinion) rather questionable ethics. I certainly expect and hope that
    any honest judge would rule against you.

    If you have a more pressing set of arguments, I suggest you take 'em
    up with a good Internet-savvy intellectual-property lawyer, and pay
    the several hundred dollars per hour that she'll expect. Any free
    advice you get in this newsgroup (including mine) is probably worth
    what you pay for it.

    It might well be cheaper to simply buy the domain name from the
    current owner (if you don't like his asking price, make him an offer!)
    and your chances of success are probably a lot higher.

    --
    Dave Platt AE6EO
    Hosting the Jade Warrior home page: http://www.radagast.org/jade-warrior
    I do _not_ wish to receive unsolicited commercial email, and I will
    boycott any company which has the gall to send me such ads!

  3. Re: domain ...bona fide interest??????

    azparaguy wrote:

    > I own CheapCars.com (fake)
    > I am planning on filing a case against the owner of Cars.com (fake).
    > I have trademarks and have been commonly known in the market for 3+
    > years as Cheap Cars.
    > The domain owner originally registered the name Cars.com to sell used
    > vehicles. He registered the name in 1995 and attempted commerce with
    > the name until 1998. His business interest in the name was valid, but
    > is no longer bona fide, since he has not used the name or website
    > since 1998.


    (I'm not a lawyer, so this is not legal advice.)

    From the facts as you describe them, it sounds like you have a weak to
    nonexistent case, and might even be vulnerable to a countersuit for use
    of the legal system to harrass an innocent party. If the word is in
    fact as generic as "cars", then the registrant has every right to it,
    and you deserve any bad thing that comes your way in retaliation for
    such an act of evil as attempting to use the legal system to
    reverse-hijack this domain.

    --
    == Dan ==
    Dan's Mail Format Site: http://mailformat.dan.info/
    Dan's Web Tips: http://webtips.dan.info/
    Dan's Domain Site: http://domains.dan.info/

  4. Re: domain ...bona fide interest??????

    On 4 Apr 2004 14:10:44 -0700, goibisgo@yahoo.com (azparaguy) wrote:

    >I am looking for a case decisions to backup my case that I'm planning
    >on filing.... I hope you can help
    >
    >For the sake of protection, I am using these "fake" names as examples:
    >
    >I own CheapCars.com (fake)
    >I am planning on filing a case against the owner of Cars.com (fake).


    One thing which you have not made clear is what is the desired outcome
    of the suit. Is it, for instance, to be able to take cars.com? Or is
    there some other desired outcome?

    >I have trademarks and have been commonly known in the market for 3+
    >years as Cheap Cars.
    >The domain owner originally registered the name Cars.com to sell used
    >vehicles. He registered the name in 1995 and attempted commerce with
    >the name until 1998. His business interest in the name was valid, but
    >is no longer bona fide, since he has not used the name or website
    >since 1998. His only use of the name since 1998 has been to sell it at
    >an exorbitant price ( I have the documentation). I know this
    >constitutes bad faith, but does his idle website for 6+ years void his
    >original bona fide interest ???
    >
    >I guess another question is: will my Trademark in Cheap Cars pass the
    >threshold for confusingly similar to cars.com


    With the example you've offered, cars.com vrs cheapcars.com, I tend to
    think, as a consumer, that these names are distinctly different and
    that confusion is not an issue. This is mostly because cars is
    non-brand specific. However, ford.com and cheapford.com would be a
    different story.

    My opinions are my own, and I'm not a lawyer so use these comments at
    your own peril. YMMV.




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