Can microsoft claim my domain?

[kayley]

Hi,

I registered a domain back in may of 2003. Lets call it XYZvista.com. This was long before anybody had even heard of WindowsVista. Now I see that Microsoft has registered the .net extention of XYZvista.

What I am worried about is whether they can register a trademark for this name, that is XYZvista, and claim my domain, without any compensation.

Please help.

 

[mwzd]

If you booked it before vista was tm'ed or announced I guess you're home free.

In fact, by booking the .net instead of coming after you for the .com just shows they don't have much of a case. (Then again, being MS maybe they're building a case!)

If they file a trademark, file an injunction. If you can prove prior IPR it just might work.
Though it would totally depend on your usage of the domain till date.

 

[muttley]

Don't forget that in the good old days before Google everyone used AltaVista for searches.

I can't see Microsoft trying to claim that domain name

 

[DNQuest.com]

If you booked it before vista was tm'ed or announced I guess you're home free.

/QUOTE]

If bad faith is established, then you are not home free. Though intention cannot be proved, if it is established you participated in unfair business practices, then expect to lose the domain.

So usage is very important and you are never home free... just wanted to clear that up.

Now, if the domain is used and has been used for a noncompeting service (I seriously doubt it used as a OS site before Vista came along), then thye cannot prove bad faith intentions and cannot prove bad faith usage.

If they file a trademark, file an injunction. If you can prove prior IPR it just might work.
Though it would totally depend on your usage of the domain till date.

You may want to check the 1378 hits in the USPTO database for Vista, plus the unregistered Vista TMs I think we are beyond challenging lol

 

[kayley]

Thanks for the replies.

I have no intention of using the domain for an OS site. When I registered it I wanted to have a site with information (related to the word XYZ) or sell it (since the name really is a nice brandable name) if I got a good price. Nothing has been done as to the plans of developing it or selling it. It has just been lying there with a private registration, so even if somebocy wanted to buy it they would have had a hard time finding me.

As for the word vista, it is not something MS put together. It is a dictionary word. I have other domains with vista, also registered long before MS Vista was announced. Vista is in fact a nice word, and in my (humble) opinion, Microsoft spoilt it by calling their OS Windows Vista.

I don’t think they can prove any bad faith from my side, after all nobody knew that they were going to call the then Longhorn OS, Vista. And also as I understand the TM Microsoft holds is for the entire name i.e Windows Vista.

They might trademark XYZvista, but then I can claim that I had this domain before their TM, and that I don’t intend to use it for an OS site; and really I don’t.

 

[DNQuest.com]

As for the word vista, it is not something MS put together. It is a dictionary word. I have other domains with vista, also registered long before MS Vista was announced. Vista is in fact a nice word, and in my (humble) opinion, Microsoft spoilt it by calling their OS Windows Vista.

Ms didn't make up "Windows" either. And Apple, Champion, Cheer were not made up from the companies that have registered marks on them.


So right now, from your statements, you have whois protection and the domain is passively held. So basically, you greated no interest in the domain (which is criteria #2, Do you have rights to the domain, right now the answer is no). If it is something you want to develop, then develop it, created the rights to the name adn protect yourself.

As I stated before, if they prove unfair business practices, it is not good for you. Be proactive, nt reactive. And since you posted, it seems you may be worried about it.

It has just been lying there with a private registration, so even if somebocy wanted to buy it they would have had a hard time finding me.

It is very easy to find you if there is a challenge to this domain, unless you have fake whois data.

 

[kayley]

Thanks again for answering DNQuest.

I agree completely on your point as to the rights to use the trademark names you mention. But my point is XYZvista is not a registered trademark yet.

I have no fake information on WHOIS. Why should I do that? (In reference to fake information, I really can't understand why and how people do it. You have to pay for the domain, and that means you are using your credit card. This again means that the registrar has all the information they need.... and I don’t see the point in having fake information ie a fake owner for something I own. And if you really make a sale you will have to prove that you are the true owner. That's another topic, but its amazing what people do - like the idiot highjacker in thread hacked). The reason for having a private registration is that some people appreciate their privacy. And I am one of them.

DNQuest wrote: ''And since you posted, it seems you may be worried about it''. Well, yes and no. Who is not ''worried'' if Microsoft is after their domain? lol. If I am worried then it is because I don't want to waste time with unnecessary legal issues. If it comes to that they will have a hard time getting the domain from me, and I think they have a weak case or rather no case at all.

I agree very much that one should avoid situations where there is a need to be reactive. But I really can’t see how anybody could prove unfair business practices on my side. I have simply registered a domain, which I have not used up to date. As far as I understand there are no requirements as to the use of a domain to own it and as long as I have not registered a trademark or copyrighted word, I wouldn’t be violating any rights or trying to benefit from another person’s/company’s trademark. I have done some checking and searching, and as far as I can see, there was no record of the use of these two words together at the time I registered this domain.

So right now, from your statements, you have whois protection and the domain is passively held. So basically, you greated no interest in the domain (which is criteria #2, Do you have rights to the domain, right now the answer is no). If it is something you want to develop, then develop it, created the rights to the name adn protect yourself.

If using a domain is a requirement to own a domain with all the rights to it, without any doubts about future use and future trademarks that others might come up with, I think nobody can register a domain, without first having all the plans for it and having a real need for the domain.

If registering a domain which nobody had any claims on, at the time of registration is considered unfair business practice, there won’t be a domain industry in the scale we see today and all the sites where they list domain names for sale or parking sites etc will be redundant. Moreover it will mean that the owners don't have the rights to the domain names listed on these sites, since they are not using them. So if somebody really wants a highprice domain and don't want to pay the asking price, they can get a trademark, and claim the domain for free.

But as you say it is best to be proactive. Also it is a very overdue project so I’ll start on putting a good website together soon.

 

[Sam]

Come on now :yell: . This domain has NO tm implications, this is quite obvious. This is almost like registering BobsApple.com. Vista is a GENERIC word and as long as you dont do anything microsofty, you should be fine.

Who cares if its not developed? :yell: :yell: You can't get your name taken away just because you have it parked/idle.

 

[DNQuest.com]

Kay- I do understand where you are coming from, but I will tell you this, UDRPs sometimes DO NOT follow common sense. I am telling you the reality of domain names. I consistantly say squatters give domainers a bad rap. Unfortunately, laws have been passed to curb squatting and in the process, have hurt people who are not squatters.

nobody can register a domain, without first having all the plans for it and having a real need for the domain.

I think I read that only 15% of domains are actively used for a real purpose. That means 85% of domains are either parked, portaled or 404ed.

now . This domain has NO tm implications, this is quite obvious. This is almost like registering BobsApple.com. Vista is a GENERIC word and as long as you dont do anything microsofty, you should be fine.

Who cares if its not developed? You can't get your name taken away just because you have it parked/idle.

You say there are no implications, then you say there can be if you don't do "anything microsofty". You should have don't do anything that competes against them. As far as not developing a domain, nobody cares, but if the question of "rights to a domain" comes up and a domain owner cannot show rights, that works against them.

You can't get your name taken away just because you have it parked/idle.

I will give you that, that alone cannot do it, but in connection with other criterea, it will not help.

 

[kayley]

Come on now. This domain has NO tm implications, this is quite obvious. This is almost like registering BobsApple.com. Vista is a GENERIC word and as long as you dont do anything microsofty, you should be fine.

Who cares if its not developed? You can't get your name taken away just because you have it parked/idle.

That's what I think too. But the points DNQuest states could be relevant too, when it comes to Microsoft, we never know. they are big giants and they usually get their way. So I'll take his advice and start using the domain.

Kay- I do understand where you are coming from, but I will tell you this, UDRPs sometimes DO NOT follow common sense. I am telling you the reality of domain names. I consistantly say squatters give domainers a bad rap. Unfortunately, laws have been passed to curb squatting and in the process, have hurt people who are not squatters.

As I imply in my previous post, I think your explainations and points are quite relevant and applicable. I am not an active domainer and I really don't have that many domains. If the authorities can pass even more rules to get the squatters I for one would be really happy. The price to pay is that one has to put on a bit more work than checking in to the domain world once or twice a year, as I have been doing.

 

[DNQuest.com]

http://wipo.int/amc/en/domains/decisions/html/2007/d2007-0036.html

http://wipo.int/amc/en/domains/decisions/html/2004/d2004-0127.html

(ii) that Respondent has no rights or legitimate interests in respect of the domain name;

The second decision is used as a reference decision. If the doman owner doesn not create interest (or rights) to the domain, that is 1/3 of teh criterea of a successful challenge to a domain name. The first being similar or confusingly similar. Many times, 1 and 2 are used to determine criterea #3..

In my personal opinion, I do believe domainers are behind the eight ball going into a challenge. It is up to the complainant to prove their points, but sometimes, it seems respondants must defend their actions without proper proof from the complaintant. It is sad but true.

 

[Element]

If you registered the name before they Trademarked Vista, then you should be fine.

 

[DNQuest.com]

If you registered the name before they Trademarked Vista, then you should be fine.

Read post #4, I think you missed it.

 

[MeanerDomainer]

Quickly develop a site and then send Microsoft legal a Cease & Desist letter. Tell them that they need to strap their kneepads on extra tight if they even think about doing anything with XYZVista.net before "procuring" consent from you. Let us know what happens next! :hehe:

 

[DNQuest.com]

Quickly develop a site and then send Microsoft legal a Cease & Desist letter. Tell them that they need to strap their kneepads on extra tight if they even think about doing anything with XYZVista.net before "procuring" consent from you. Let us know what happens next! :hehe:

ugh