Just got a UDRP complaint sent to me

[Monolith]

The domain in question is a blatant copyright violation. I used to use a script that would try to grab every dropping name with a certain amount of traffic, and before i narrowed its capabilities, it picked up quite a few copyright infringing names. This was one of them.

So, what should i do? Contact the law firm and try to transfer the name? In the brief they sent me, the only "relief" Caterpillar is requesting is that they get the domain transferred to them. Or should i wait to hear something from NAF before proceeding?

 

[Peter]

on your own admission you are obviously in the wrong. It is surprising they did not send you a cease and desist email prior to getting the UDRP complaint.

I personally have never dealt with UDRP's nor am I a law expert but is there no section on what action you can take? I personally would be tempted to contact the complainant and offer to hand over the domain name as you are going to lose it anyway, there is no need to prolong the proceedings.

 

[DNQuest.com]

Let's see, you admit to being in the wrong and you are deciding between settling easily or waiting until a decision is made where you are labeled a cybersquatter (and then possibly other civil actions)..... seems like an easy choice to me.

 

[.X.]

Caterpillar! OOOOOOOOOOOOOOO....get that name tranfered to them asap imo.

 

[labrocca]

In the brief they sent me, the only "relief" Caterpillar is requesting is that they get the domain transferred to them.

Comply and quickly.

 

[duceman]

If you have never had any content related to CAT's business, I would put up a site dedicated to caterpillars.

 

[accent]

If you have never had any content related to CAT's business, I would put up a site dedicated to caterpillars.

Only if the domain name really could mean little crawly critters. Even then it is perhaps an expensive option. It would be a real PITA to fight them. Apple computers, for example, should not have any power over a site about fruit. But they have a very big stick.

Remember lawyers always lead with more threat than they really have plans to use. But also remember that it is not a fair game.

Your above post hurts your case, if they find it.

 

[Dave_Z]

If you have never had any content related to CAT's business, I would put up a site dedicated to caterpillars.

Which might be too late if the other party captured screenshots (if any) by
then.

 

[IAmAllanShore]

If you have never had any content related to CAT's business, I would put up a site dedicated to caterpillars.

Let's go ahead and not do this.

Don't wait for NAF or for anything else. Are you sure you didn't get any other communique first? I know it's becomming more common - but it costs them a lot to get it either way, they might as well try the "free" way first...

-Allan

 

[DNQuest.com]

If you have never had any content related to CAT's business, I would put up a site dedicated to caterpillars.

You've got to be kidding?? right??

How is this going to help anything? What would you hope to accomplish? You think this will actually fool someone that it was being used in good faith? geesh

 

[SEO Montreal]

I'd say the potential consequences in $ costs, reputation, time, energy and further legal issues (other companies deciding to protect their marks and rights) aren't worth it. Transfer it quick and you might be ignored by any other companies whose TMs you infringe.

On a related note, how do you find dropping domains with traffic? How can a program figure that out? Or is it actually based on finding links to dropping domains?

 

[greggish]

You've got to be kidding?? right??

How is this going to help anything? What would you hope to accomplish? You think this will actually fool someone that it was being used in good faith? geesh

I don't think he's kidding. You do realize that caterpillar is a common word? If the domain he owns isn't a combination of caterpillar + tractor, combine, backhoe... then he's well within his rights to have and use such a domain. Also, you don't have to show "good faith". It's enough just not to show "bad faith".

 

[NP41215]

The domain in question is a blatant copyright violation.

What makes you say that? So what's the exact domain name we're talking about?

 

[DNQuest.com]

I don't think he's kidding. You do realize that caterpillar is a common word? If the domain he owns isn't a combination of caterpillar + tractor, combine, backhoe... then he's well within his rights to have and use such a domain. Also, you don't have to show "good faith". It's enough just not to show "bad faith".

Do you realize he was hit with a UDRP... just read the title. What this means is that he was contacted already about the domain which he freely admits is in TM violation. So at this point, no one gives a crap how it can be used, it is how it was being used before being contacted. I am sure that the legal representation has screen shots and any panel would clearly see right through any attemt to be used in "good faith". So next time, read the whole thread and understand the situation.

Sorry to be short, but people ignoring major details tend to get to me.

 

[Monolith]

Yeah, im obviously going to transfer the domain to them, im just wondering if anyone has experience dealing with this type of thing. If the only relief they ask for is the transfer of the domain, can the NAF give them compensation for legal fees or damages? Or can they only give the complainant what they ask for?

 

[DNQuest.com]

The only thing NAF or WIPO can do is to decide to transfer the domain or not. The TM holder can recover monies via court route, but since they filed a UDRP, all they want is the domain.

 

[stscac]

...but since they filed a UDRP, all they want is the domain.

...which is a very good thing for you.

-Steve

 

[dna]

A caterpillar is an insect and was an insect long before
the company came into existance. The Caterpillar Company
has no right to the name. It is not a copyright violation
or a trademark violation for you to own this name.
Don't let them bully you into giving it to them for nothing.
Don't be a wimp.

At least sell it to someone that is willing to fight for it.

 

[DNQuest.com]

A caterpillar is an insect and was an insect long before
the company came into existance. The Caterpillar Company
has no right to the name. It is not a copyright violation
or a trademark violation for you to own this name.
Don't let them bully you into giving it to them for nothing.
Don't be a wimp.

At least sell it to someone that is willing to fight for it.

DNA - you have obviously did not read and/or comprehend this thread. I am not going to retype what has alrady been established. But there is a newpoint you do bring up....

By selling the domain, the domain owner is still liable for the resgistration and this could make the lawyers mad. They could then break him for everything he has (unless he can cover the $100,000.00 with no problem plus legal fees and loss of revenue and all the other fun penalties cybersquatters can be slapped with).

So to say this in simple English, the OP is beyond all the cybersquatter tricks andd has been caught redhanded, anything he does now will not matter...

please read more carefully next time.

 

[dna]

How has he been caught redhanded?
He caught the name with a script.
Obviously, he was not registrating the name in an attempt
to sell it to the Caterpiller Company or cybersquating.
Caterpiller is a generic dictionary word.
If that is what he owns, he has a right to own it.
If Caterpiller wants his name, they should pay for it.
Monolith should not transfer it. He should talk with a lawyer.
I own plenty of trademarked names, such as dna, and I assure
that no corporate bully will take any of them from me.

 

[Peter]

dna it really all depends on the way he has used the domain name. If he has used it for trying to profit from the name (this includes parking the domain name) then that is an indication of bad faith and will be used by the company when it goes to a UDRP.

Even if no bad faith has occurred it is still possible to lose unfortunately sometimes it just boils down to who has the best lawyer.

 

[DNQuest.com]

How has he been caught redhanded?
He caught the name with a script.
Obviously, he was not registrating the name in an attempt
to sell it to the Caterpiller Company or cybersquating.
Caterpiller is a generic dictionary word.
If that is what he owns, he has a right to own it.
If Caterpiller wants his name, they should pay for it.
Monolith should not transfer it. He should talk with a lawyer.
I own plenty of trademarked names, such as dna, and I assure
that no corporate bully will take any of them from me.

He used a domain in bad faith by his own admission and was served a UDRP. Right now, the domain should be locked which makes it impossible to transfer the domain. It is very obvious you are not grasping the situation and don't understand how the UDRP process works or even the consequences involved. You are trying to show tricks of the cybersquatter and are not helping in this matter. As teh header cleary states, he was served a UDRP... so all the squating BS you are offering advice will not help him at all. But you are not getting it.

 

[Dave_Z]

I assure that no corporate bully will take any of them from me.

Good luck to you, then. If one ever happens, kindly let us know so we'll keep
abreast of it.

 

[AdoptableDomains]

It sounds like the domain is probably not generic enough to apply to instects.

I would offer to transfer the name immediatedly WHEN AND IF they agree to drop the UDRP case. Once they follow through with a UDRP, you will have that record hanging over your head forever. Another not so clear case could use that previous case to prove a past history. If you explain your situation about the script catching blindly, they may be lenient and save themselves and yourself time and additional costs by a friendly transfer.

 

[Monolith]

The only thing NAF or WIPO can do is to decide to transfer the domain or not. The TM holder can recover monies via court route, but since they filed a UDRP, all they want is the domain.

So if they wanted legal fees AND the domain, they would have sued me in a regular court... but if they only want the domain, they're just going through the NAF? Do you think they might come after me in court for legal fees AFTER the NAF gives their decision?

Also, do you think i should even respond to the NAF proceedings, or just default and let them take the domain without any response?