Quote:
Originally Posted by Deputy Chief Command
This guy was not using ipodnano.com to sell ipodnano's but rather to get personal information from people looking for information on ipod nano's . If that guy had just sold ipodnano's on it , or made a site about the nano I think there would never have been an issue
So I am not too sure if the wording in the links you provided is too hard for you too understand or something ? but basically it contradicts everything you are trying to say. Why would you provide links that speak in my favor ?
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First, I don't know where you get the idea you have any kind of "rights or legitimate claim" to the name buyipodnano.com. I'm going to hazard a guess that buyipodnano.com is not your legal name, and you're not Apple, Inc, therefore you have zero rights or legitimate claims to the name.
As to the third element:
Quote:
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The Panel, in addressing the last element, bad faith, explained that Respondent?s use of the disputed domain intentionally caused a likelihood of confusion. Additionally, Respondent commercially benefitted by gaining marketting leads through the web site. For these reasons, the Panel found this third element was satisfied.
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If simply collecting names and addresses is considered 'commercially benefiting' I'm pretty sure the actual making of money (via Amazon and Google) is too.
Fact is, if you really believed what you were saying, and really thought it was possible to make money with the domain, without any hassle from Apple, you would have spent the last 6 years doing it, rather than being too terrified to use it in case Apple noticed.
However, there are always people stupid enough to buy useless names with trademarks (ahem), so work out what you have made in the last 6 years, divide by six, and that's the value.
Personally, I would just let it expire.