Update on the Trademark Issue with WickedFire

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Jon

Jon

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Jun 21, 2006
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Like I said in that last thread, I would keep everyone updated of the status on the mess and spill the news on how everything is going.

Today's due date had passed and with no word from Gary, except random IM's from his cronies trying to start up with me, it's pretty obvious that the kid isn't taking any of this seriously.

I am also not going to sue his employer/friend Matt from Freshcoders because the guy seems genuinely sorry about the whole mess, and why kill off some kid's company for no reason. So we left off on good terms, and he's no longer on my shit list.

As for Gary Rae, my lawyers insisted that I don't play any games and just set out to get the domains into my posession, but I figured I'd be the nice guy and offer some incentives to keep it out of court. Unfortunately all of the diplomacy stuff has failed (how typical -- take note liberals), and again, Gary Rae seems to think this is a bunch of funny shit.

Overall, he has to be one of the dumbest people I've ever encountered. I'm not just saying it out spite too, I really mean it. Because here is a kid in the UK who is holding onto 2 domains (wickedfire.net and .org) and has openly admitted he purchased them and planned on using them for malicious reasons. Plus, if he'd hand them over, his total loss, dollar wise, would be about $16-$20. But instead he thinks I'm bluffing I guess.

Oh well, lawyers say I should have both domains in my posession by as late as Feb 2007, so I'm not complaining anymore. I'll make another post here when I have them. I also want to make a copy and scan it of the bill they are going to be sending Gary Rae's parents to cover the lawyer fees.

That's where it's at now. ;)
 


Jon,

If the trademark application on WickedFire has been approved, then why not just go to ICANN and use their trademark infringement process to have the domains handed over to you?

I can't think of anything funnier than simply having a higher authority take them away from him and give them to you for free. :-)
 
Atomm said:
Jon,

If the trademark application on WickedFire has been approved, then why not just go to ICANN and use their trademark infringement process to have the domains handed over to you?

I can't think of anything funnier than simply having a higher authority take them away from him and give them to you for free. :-)
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I agree, I think this should be the first-line of attack!

Other factors are whether the domain name consists of the legal name or common handle of the domain-name registrant and whether the domain-name registrant previously used the mark in connection with a bona fide business. The complaining trademark owner does not need to own a trademark registration for the mark that was incorporated into the domain name.

If bad-faith cyberpiracy is established, the trademark owner may be entitled to an order requiring forfeiture or transfer of the domain name, as well as the remedies available in other trademark cases: damages, profits, and fees. In addition, the trademark owner may elect to recover statutory (presumed) damages from $1,000 to $100,000 per domain name in lieu of actual damages and profits. Statutory damages, although long available for copyright infringement, are a new form of remedy in trademark law.

In general, the advantages of the ICANN policy are clearly its speed, its low cost, and its ability to resolve cross-border disputes. If a remedy is available under the Lanham Act, as amended by the Anticybersquatting Consumer Protection Act, the advantages are final adjudication and the availability of damages.
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Source: e-OTI: Trademarks and Domain Names-The New Remedies
 
Alternatively, I live only a few hundred miles away from the main culprit
nunu.gif
 
You should have just registered wickedfire.net/.org to begin with.... especially if you trademarked the name? It could have been done at the time of trademarking. I think this is a dumb move on your part.

Why don't you just let your lawyers take care of it instead of playing IM tag?

You mention you are trying to be a nice guy, but you are also humiliating him and making a mockery out of it. I would think with your age and experience this would be a little more civil.

Anyways, good luck.
 
In my opinion, Jon has been pretty nice guy about this. If I had been in Jon's position, I would have fucked the guy many times over after the guy refused to hand over the domains. I don't have time or patience to waste my time with fuckweeds like those guys.

Let your lawyers deal with these and concentrate in your businesses that actually makes you money.
 
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