why are you inter-mixing point 1 and 2 ?
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Originally Posted by helterskelter808
First, I don't know where you get the idea you have any kind of "rights or legitimate claim" to the name buyipodnano.com.
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(2) Respondent has no rights or legitimate interests in respect of the domain name;
I have an impression you don't really know what "legitimate" means so I post the definition here for you to slowly read and wrap your mind around.
The part in bold applies to this case.
Able to be defended with logic or justification So you are stating I can not defend with logic or justification that I have reasons to own the domain name buyipodnano.com?
You don't see the logic in me wanting to own buyipodnano.com to use to sell ipod nano's ? It is my legal right to sell Ipod nano's if I want to, or refer people to websites where they can buy Ipod nano's. If this is my legal right to do so then don't I have a more than acceptable logic for wanting to own the domain name buyipodnano.com?
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le·git·i·mate
adjective /liˈjitəmit/
Conforming to the law or to rules
- his claims to legitimate authority
Able to be defended with logic or justification
- a legitimate excuse for being late
(of a child) Born of parents lawfully married to each other
(of a sovereign) Having a title based on strict hereditary right
- the last legitimate Anglo-Saxon king
Constituting or relating to serious drama as distinct from musical comedy, revue, etc
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Quote:
Originally Posted by helterskelter808
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.
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this indeed is point 1 and yes I obviously am not apple.inc
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
(3) the domain name has been registered and is being used in bad faith
Quote:
Originally Posted by helterskelter808
As to the third element:
If simply collecting names and addresses is considered 'commercially benefiting' I'm pretty sure the actual making of money (via Amazon and Google) is
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I think the main issue here was that he was using their name to make money. Anyone that sells ipod nano's in any kind of setting is automatically also doing that. But of course with one big difference they are actually selling apple products. Best Buy uses Apples name and trademarks in promotions/ on their website/ in print ads/ and what not. This of course is acceptable as they are selling apple products. Amazon does it . All retailers do it. This is not the issue. The issue is using the name and not selling apple products. I am not doing this.
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Originally Posted by helterskelter808
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.
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I do believe you can make money refering sales to amazon.com. Amazon uses apple images and brand names in many banners and text ads. This is allowed because they are selling apple product. With buyipodnano.com you can make commision on every sale you send to amazon. I think in this kind of setup legally you should not have too many issues.
Quote:
Originally Posted by helterskelter808
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.
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I thank you for your opinion but I never drove traffic to this domain and thus I did indeed barely made any money off it. But I don't think anyone picking up this domain for a couple of hundred bucks who can incorporate this domain in a strong mainstream network will have any issues making his money back.
bottom line, you need to have a pretty wild imagination to come to the conclusion that using buyipodnano.com to sell ipod nano's on constitutes to "bad faith"
