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Ash
07-10-2001, 03:23 AM
The WWF are getting domain names off people, they got wwfwcw.com , they tried to get rajahwwf.com . Where would I stand if they tried to get mine wwfwcwzone.com I think nowhere but what do you guys think.

Im promoting there fed, no cost to them. Im spending me money on a thing I enjoy watching. What is really the problem?

whkoh
07-10-2001, 04:15 AM
If you have a fan site online at the URI, they probably cannot do anything. But if not, they can accuse you of "squatting" and legally force you to give up your domain.

kevin
07-10-2001, 07:57 PM
The problem might be that they can make it a hassle for you if they file a complaint with the ICANN or bring an actual court case against you, even if its pretty much a frivolous lawsuit for trademark violations.

See the ICANN website for details.

http://www.icann.org/udrp/udrp.htm

Regards,
Kevin

SteveS235
07-10-2001, 09:33 PM
I don't know.....

Someone had a site (something like wwfstonecold.com) and the WWF got the site name from him. He was a kid that was just doing a fan site.

The problem is, is that WWF, WCW, and all of the werstlers names and likenesses are copyrighted trademarks.

If they wanted to create a show, TV program, building, event or whatever and call it the WWFWCW Zone and they wanted the name, they could very well try to get the name from you. They ahev a domain name for everything they do, and they also register many different variations of it.

Take this from the dispute policy at http://www.icann.org/udrp/udrp-policy-24oct99.htm

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) 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.

If Vince and the WWF feel that this an infringement upon the trademarks, they have full legal right to fight for it. Also, they have very high powered attorneys and piles of money, so I would imagine their chance of getting it would be pretty good.

That being said, I think that if a fan is using the name in good faith for a fan site, they should respect the fact that people take the time to help spread the word about their product.

Dr. Web
07-11-2001, 01:58 AM
I've got to agree. If the site is a fan site, it should have some protection by law. Fan sites do help promote the cause.

and you know the old saying:
"Even bad publicity is still publicity."

cfhosting
07-25-2001, 02:07 AM
I agree with Dr.Web - Its like - we don't like you cause you have a fan site... its almost as if they were saying it

who knows domain names cause problems

try getting a .ws or such something they probably wouldnt want to register... just might work