General discussions : Non mobile discussion : Oprah trying to sue me.
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i know. i think there's an argument to be made that since it is a word already in common usage they don't have the right to control or restrict it's use.
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Posted: 2005-08-30 03:39:09
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The main thing is amnesia that you don't give in, and don't fall prey to their bullying. Make sure your domain isn't set to expire anytime soon so that they can't sniper it.
I'd say the general concensus is that you're in no way at fault, and its just heavy handed bullying.
Since you registered the domain first and actually made something out of it they can't dispute that you're mearly parking the domain for financal gains - thus making it an issue for icann or others to step in on. I wonder if they've already tried that route and been shot down?
When i was out of work for an extended period I lost my old domain name, only to find out some company was parking it with one of those horrible search pages and wanted $300 US + transfer fees + whatever to get it back. Sod that.
Don't let them bully you off the internet, if you decide to sell to them because its in your own interest and reimburses you for the time put into it - then make sure you get something that says they won't go after any localised (eg .co.uk, .co.nz etc) version of the domain in writing.
Heck the only thing I associate with Oprah is the name Harpo studios.
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Posted: 2005-08-30 05:04:42
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yeah, you cannot copyrite an everyday word. i think her company believes that .com is specific only to america. from my understanding .com means company, like .gov means government etc...
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Posted: 2005-08-30 05:05:58
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.com actually means "commercial", and is open to be registered by any public commercial entity or individual.
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Posted: 2005-08-30 05:19:06
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thanks for the correction
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Posted: 2005-08-30 05:20:20
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been to my laywer.
Says that under the 5 rules of domain name transferal and protection of a 'famous' entity, they have 4 out of 5.
The law is strict in the sense that 5 out of 5 must be fulfilled.
So I guess I've won.
However, he's said I should sell it as I could get around 25-30 thousand since it's valuable to them. I'll be happy with just 20 to be honest to pay off tuition fees.
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Posted: 2005-08-30 16:43:11
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@cornhollio: no worries mate
@amnesia: what are the five criteria, and which ones don't they meet?
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Posted: 2005-08-31 05:51:23
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Quote:
On 2005-08-30 01:09:22, gelfen wrote:
...EDIT: actually, i had some ideas for your new domain name
lackofoxygen.com
chokedbyoprah.com
asphyxiatedbyuslawyers.com
stagnationtlungs.com
oprahsatonmyurl.com
Hahaha
Laughed so hard I started a coughing fit (I have a cold).
Edit: killedbygelfenshumour.com?????
@amnesia
How many of the 5 criteria do you meet?
_________________
The Official Rugby Topic[ This Message was edited by: carkitter on 2005-08-31 12:08 ]
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Posted: 2005-08-31 13:05:02
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bloody bastard!
she think she's robin hood helping other people... yeah theief is a theief, thief steal from others 2... damn!
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Posted: 2005-08-31 13:46:00
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the degree of knowledge or recognition of the mark in the relevant sector of the public;
the duration, extent and geographical area of use of the mark;
the duration, extent and geographical area of any promotion of the mark, including advertising or publicity and the presentation, at fairs or exhibitions, of the goods and/or services to which the mark applies;
the duration and geographical area of any registrations, and/or any applications for registration, of the mark, to the extent that they reflect use or recognition of the mark;
the record of successful enforcement of rights in the mark, in particular, the extent to which the mark was recognized as well known by courts or other competent authorities;
the value associated with the mark; and
evidence of the mark being the subject of attempts by non-authorized third parties to register the same or confusingly similar names as domain names.
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Posted: 2005-08-31 15:02:33
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