--
Scott Delahunt | "Say please and thank you, and kick the other
cn...@freenet.carleton.ca | guy before he kicks you."
| - Princess Vi, "Princess Vi's Hippy Dippy
| Mom", Samurai Pizza Cats
Thanks for the heads up, Scott.
I'd suggest legal action on this domain name, either with WIPO or NAB.
- Jose
AmiCode(1.0.0)
MA:5[6]X:**O:d-a-hu++
Note: Junk block string attached to e-mail address
The cybersquatters are in Taiwan. :(
Yes but even so, legal action can be taken against the cybersquatters. WIPO and
NAB are international organizations.
WIPO is World Intellectual Property Organization, NAB is National Arbitration
Forum.
Basically to win a case you have to prove three things.
1) Complainant (in this case ASMR) must prove that the domain name of
respondent (in this case, the guys from Taiwan) is identical or confusingly
similar to a mark or phrase in which Complainant has rights.
Having used moonromance.com for a LONG time, I think it's safe to say that ASMR
would win on this issue.
2) Complainant must prove that Respondent has no rights or legitimate interests
in the domain name.
If respondent's plans are just to leave the web site dead, then respondent
would have no rights or legitimate interests in the domain name.
3) Complainant must prove that Respondent registered/is using the domain name
in bad faith.
If the guys from Taiwan were cybersquatters, i.e. they registered the web site
with a robot immediately when ASMR's license expired, then ASMR would win on
this too.
ASMR would also win if Respondent offered to sell domain to them for a large
amount of money.
Feel free to look on WIPO and NAB's web sites and review their decisions over
the past few years.
WIPO: http://arbiter.wipo.int/domains/
NAB: http://www.arbitration-forum.com
In the meantime, I've already updated my web page for the fanfic "The Saga of
Mercury" to reflect the change..... =D
Unfortunately it's been down for the last couple of days. The site is being updated.
Meech
I think the problem with Taiwan, though, is that it does not recognize
International Intellectual Propery agreements. So, anyone operating
there may be able to get around certain rules. I don't know the
details, but Son May takes advantage of this.
Part of this stems from the fact that Taiwan is not an officially
recognized country and whatever treaties it is a party to have to go
through delicate negotiations with China.
--
Peregrine-pyo
peregrine - at - lehigh - dot - edu
Hoping for sub-only Stars DVDs...
Is it just me, or would Haruko from FLCL make a great
Smash Bros. character?
Q: "What is your favorite American TV show?"
Yoko Kanno: "Sesame Street"
>In article <20021121094604...@mb-ft.aol.com>, Jose wrote...
>> >> I'd suggest legal action on this domain name, either with WIPO or NAB.
>> >
>> >The cybersquatters are in Taiwan. :(
>>
>> Yes but even so, legal action can be taken against the cybersquatters. WIPO and
>> NAB are international organizations.
>>
>> Feel free to look on WIPO and NAB's web sites and review their decisions over
>> the past few years.
>>
>> WIPO: http://arbiter.wipo.int/domains/
>> NAB: http://www.arbitration-forum.com
>
>I think the problem with Taiwan, though, is that it does not recognize
>International Intellectual Propery agreements. So, anyone operating
>there may be able to get around certain rules. I don't know the
>details, but Son May takes advantage of this.
Yeah, but if the international organizations actually oversee the
domains, they could just have the webhost manually reassign it back to
the MoonRomance people by force, couldn't they?
--Pook! ^_^
Check here to fight the cybersquatters:
http://www.enom.com/help/drp.asp
http://www.icann.org/udrp/udrp-rules-24oct99.htm
-Rob
- Jose
>Check here to fight the cybersquatters:
>http://www.enom.com/help/drp.asp
>http://www.icann.org/udrp/udrp-rules-24oct99.htm
AmiCode(1.0.0)
Reverse Domain Name Hijacking: using the Policy in bad faith to attempt to
deprive a registered domain-name holder of a domain name.
I THINK that this would be similar to cybersquatting.....
- Jose