Same thing as now, needs vs. wants. If I'm already successful without the .com I'll have shown I don't need it. He's shown no attempt to put the name to use and he's made no attempt to negotiate a reasonable price. If he increases the price after I've built the brand then I'd gladly spend $1500 on an ICANN arbitration hearing.
"He's shown no attempt to put the name to use and he's made no attempt to negotiate a reasonable price. If he increases the price after I've built the brand then I'd gladly spend $1500 on an ICANN arbitration hearing."
Sorry but you are wrong. (I won't even get into the "made no attempt to negotiate a reasonable price" and skip right to the action you think you will file.
That's not what a UDRP (what you call an "ICANN arbitration hearing") is for or how it is used or what it is intended for. (Sure every now and then pigs fly just like people sometimes win crappy cases or OJ is acquitted.)
While there are certain circumstances that would allow someone to use a UDRP to get a domain the situation you are describing is most definitely not one of them. In short he owns it prior to your use of the mark. And if you did have a case you would not be doing yourself any favors by trying to DIY this process you'd have to hire an attorney with experience (and not all attorneys who claim expertise in this area actually have it.) Further if the domain is owned by someone who is in the business you have even less of a chance even if you think (or an attorney thinks) you have a case.
(I'm not an attorney but this is most definitely my area of expertise and I am quite involved in different aspects of this business...)
It's been a while since I read all the regs on this stuff, but at one point I read them enough that I believed I understood them and the definition of fair-use (at one point I was threatened for squatting on a name I owned).
Obviously the purchase date in relation to any trademarks may be relevant. Maybe what I should have said originally was that if I felt he was attempting to extort me, I'd handle it in a manner other than paying what he asked because he beat me to the purchase.
That being said, this bridge is a long way away from being crossed and the .com doesn't even warrant an entry on my todo list.
Comments
Same thing as now, needs vs. wants. If I'm already successful without the .com I'll have shown I don't need it. He's shown no attempt to put the name to use and he's made no attempt to negotiate a reasonable price. If he increases the price after I've built the brand then I'd gladly spend $1500 on an ICANN arbitration hearing.
"He's shown no attempt to put the name to use and he's made no attempt to negotiate a reasonable price. If he increases the price after I've built the brand then I'd gladly spend $1500 on an ICANN arbitration hearing."
Sorry but you are wrong. (I won't even get into the "made no attempt to negotiate a reasonable price" and skip right to the action you think you will file.
That's not what a UDRP (what you call an "ICANN arbitration hearing") is for or how it is used or what it is intended for. (Sure every now and then pigs fly just like people sometimes win crappy cases or OJ is acquitted.)
While there are certain circumstances that would allow someone to use a UDRP to get a domain the situation you are describing is most definitely not one of them. In short he owns it prior to your use of the mark. And if you did have a case you would not be doing yourself any favors by trying to DIY this process you'd have to hire an attorney with experience (and not all attorneys who claim expertise in this area actually have it.) Further if the domain is owned by someone who is in the business you have even less of a chance even if you think (or an attorney thinks) you have a case.
(I'm not an attorney but this is most definitely my area of expertise and I am quite involved in different aspects of this business...)
It's been a while since I read all the regs on this stuff, but at one point I read them enough that I believed I understood them and the definition of fair-use (at one point I was threatened for squatting on a name I owned).
This section in particular seems related: http://www.icann.org/en/help/dndr/udrp/policy#4b
Obviously the purchase date in relation to any trademarks may be relevant. Maybe what I should have said originally was that if I felt he was attempting to extort me, I'd handle it in a manner other than paying what he asked because he beat me to the purchase.
That being said, this bridge is a long way away from being crossed and the .com doesn't even warrant an entry on my todo list.