Subject:
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Re: Emergency! Everyone, please read this.
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Newsgroups:
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lugnet.publish
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Date:
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Tue, 28 Aug 2001 07:10:26 GMT
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Viewed:
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1838 times
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In lugnet.general, Todd Lehman writes:
> there isn't much point in resurrecting anything at the old place except to
> oust the squatter and put up some redirects or something. I haven't decided
> yet how aggressively I'll pursue the squatter issue.
Hey Todd,
Here's some info I ran across while researching another topic. It is
relevant and timely if you choose to persue anything regarding fibblesnork.com.
For anyone who doesn't know the story: the domain www.sting.com was
registered by a Quake gamer who used the name Sting as his handle. He didn't
do anything with the domain for years, until contacted by rock star Sting
about selling the domain. The resolution to the initial argument is here:
http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0596.html
Relevant quotes from the arbitration agreement (and the complaints could be
used almost verbatim for fibblesnork.com):
"The Complaint
5.1 The Complainant contends that each of the three elements specified in
paragraph 4(a) of the Uniform Policy are applicable to the domain name the
subject of this dispute.
5.2 In relation to element (i) of paragraph 4(a) of the Uniform Policy, the
Complainant contends that the domain name is identical in its substantive
part to the Complainant’s unregistered trademark and service mark STING.
5.3 In relation to element (ii) of paragraph 4(a) of the Uniform Policy, the
Complaint contends that the Respondent has no rights or legitimate interests
in respect of the domain name in issue.
5.4 In relation to element (iii) of paragraph 4(a) of the Uniform Policy,
the Complainant contends that evidence of bad faith registration and use is
established by the following circumstances. First, the Respondent offered to
sell the domain name to the Complainant for $25,000, an activity which
corresponds to that listed in paragraph 4(b)(i) of the Policy as evidence of
bad faith registration and use of a domain name. Secondly, the Respondent
has used the domain name mark to link to the "GunBrokers.com" web site, and
as such is intentionally attempting to attract, for commercial gain,
Internet users to an on-line location by creating a likelihood of confusion
with the STING mark as to source, sponsorship, affiliation, or endorsement,
being an activity which corresponds to that listed in paragraph 4(b)(iv) of
the Policy as evidence of bad faith registration and use of a domain name.
In addition, that site is personally offensive to the Complainant and
contrary to his established reputation, and tarnishes the STING mark in
violation of 15 U.S.C. § 1125(c). Thirdly, because the Complainant’s STING
mark has a strong reputation and is world famous, the Respondent can make no
good faith use of the domain name, and "it is not possible to conceive of
any plausible actual or contemplated active use of the [D]omain [N]ame by
the Respondent that would not be illegitimate, such as by being a passing
off, an infringement of consumer protection legislation, or an infringement
of the Complainant’s rights under trademark law".
Now, in this instance, Sting didn't convince the WIPO that the gamer was
intentionally trying to tarnish his name. With fibblesnork.com pointing to
pornography, that argument could be much stronger. But get from it what you
will.
(BTW, I was trying to find a news article about the fact that Sting now owns
and finally operates sting.com as a fan site...still haven't found
anything...anyone have any idea what happened, and when?)
Matt
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Message is in Reply To:
 | | Re: Emergency! Everyone, please read this.
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| (...) Well, long ago, it may have been, but everything that was LEGO-related (except for the backgrounds) eventually migrated to lugnet.com. And now that the backgrounds reside at a new home (URL) isn't much point in resurrecting anything at the old (...) (23 years ago, 28-Aug-01, to lugnet.general, lugnet.publish)
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