Olympic infringment case

[rneedham]

I own three domains which apparantly infringe on the Olympic trademark. 2010vancouverfever.com , 2010whistlerfever.com and 2010olympicfever.com

I can understand the last being infringed but what about the first two.

attached is a pdf file from the Olympics.

also below are email addresses.
any help on this would be greatful. thanks

------------First email --------------------
Forgot to note on last email:

How does 2010vancouverfever and 2010whistlerfever infringe on the "Olympic"
trademark? The name does not apply to anything about the "olympics". It
seems like the "Olympics" is taking ownership of the "2010" name. Come to
think of it, I can design this site that has nothing to do the olympics
which can still hold a reasonable objective for the year 2010, since it is
the year which will set high vibes through the whole city... Hence
2010vancouverfever.. or 2010whistlerfever

The domain which I knew for certain was infringing was 2010olympicmania.

Also.. I own whistlerfever.com and vancouverfever.com Both of these
domains are for sale. And are not infringing.

----------------Reply email------------------------

Ryan,

Thank you for both of your emails yesterday. Thank you too for agreeing to transfer the domains 2010vancouverwhistlerfever.com, 2010vancouverfever.com and 2010olympicmania.com to VANOC.

To answer your questions, 2010vancouverfever and 2010whistlerfever infringe on our marks by using "2010". This is an official mark. The $10 fee we state in our letter for domain registration is in US funds. Therefore, we would be willing to pay to you US$30 for the three above-noted domains. Do you have copies of the documented registration for each domain? We will only pay the amount stipulated in our letter, therefore your request for $20 per domain will not be agreeable.

Thank you for advising of the other domains you have registered, whistlerfever.com and vancouverfever.com. However, these domains are not infringing and therefore, we do not require a transfer request.

I look forward to hearing from you and beginning the transfer request of the three domains shortly.

Shannon

 

[drmaximus]

Vancouver 2010
http://strategis.ic.gc.ca/SSG/0915/trdp091504500e.html

Vancouver Whistler 2010
http://strategis.ic.gc.ca/SSG/0912/trdp091256400e.html

Whistler 2010
http://strategis.ic.gc.ca/SSG/0915/trdp091575600e.html

 

[rneedham]

Another question is:
my domains are 2010vancouver.... 2010whistler.....
according to those links.. the name appears before the number. do those trademarks also hold the opposite?

 

[rneedham]

Yes I live in Canada.

How would I get free advice from lawyer.?

 

[Gydian]

They can't touch you. According to their mark, as others have stated, the letters appear before the number. In your case, you have the number appearing before the letters. Unless they've taken out separate marks for both versions, they have absolutely no bearing over your domains. I'd fight it if I were you...it'll pay off nicely in the end due to their own stupidity.

 

[drmaximus]

Pretty good information on Trademark issues re domains
http://jip.kentlaw.edu/art/volume2/2-1-2.htm

 

[wisconsin]

Hi rneedham,

If I were you, I won't give up!

Reply with something like:

Dear .......,

After consulting past legal proceedings and ICANN regulations, I still believe that my domains are not infringing on your trademark, nor I am pocketing any commercial gain base on your mark, which is the basis of any violations of a trademark. I also blieve that you offer to transfer my domains to you is not fair.

I will consider $1000 as a fair offer to transfer these domains to you

Very truly yours,

Just something like this! Just don't give up. They know that your offer is reasonable comparing to going to WIPO + attorney fees or filling any kind of complaint.

Good luck

 

[drmaximus]

Regardless of your plan of action, I would personally advise against mentioning any $$ figure.

 

[cambler]

Regardless of your plan of action, I would personally advise against mentioning any $$ figure.

Indeed. Check UDRP requirements under "bad faith" and how it relates to asking for money. That's dangerous ground.

 

[Anthony]

Thanks for the latest updates. This is a very interesting situation. Please continue to keep us updated. Thanks!

 

[decker77]

Olympic Domians

Are people able to make a profit on olympic domains ?
I have 3 for the 2006 olympics (bought them before I knew of the IOC taking all the names back) and I guess I never thought I could make much (if any ) off them since people are afraid they'll get taken away and well they're not the greatest names

OlympicsItaly.com
OlympicsTorino.com
OlympicsTurin.com

 

[markts]

Olympics in question

I have the following domains and Sedo wouldn't let me list them. These are probably all infringing. What do you guys think?

olympic.ms
olympicbeachvolleyball.com
olympicbeachvolleyball.net
olympics.ms
olympics.tc
olympics.vg
olympicsbeachvolleyball.com
olympicsbeachvolleyball.net

 

[rneedham]

yeah markts.. all of those domains are bunk.

--
I emailed the olympic committee on wednesday and they havn't responded since.
I wrote a strong letter to them, im curious what they'll say. im sure we'll hear back next week with something.

ryan.

 

[Intense]

Status for 2010 Vancouver shows ADVERTISED. It is not yet final. If so it would say REGISTERED under status. As it sits, you in theory could contact CIPO and dispute their request for the trademark!

Also why is a Marketing assistant sending you the letter (might as well be thir janitor - no offense to janitors)? It should be from their lawyer.... Ask her to refer her lawyer or Trademark Registration firm to contact you DIRECTLY.

 

[rneedham]

And the sega continues.
Here is my message to them..
and after 4-5 days of waiting I finally got a response. Posted is a pdf file which is from there lawyers. What shall we do now? :?

-------------------
Dear Shannon,

After consulting past legal proceedings and ICANN regulations, I am continuing to stand my ground on my domains. For the past days I have read extensive material on domain names and trademarking, and the legal implications behind them. The dispute at hand is whether or not these domains would confuse users into believing they are Olympic websites. When I purchased these domains it was not my intent to sell or promote goods or services that are related to the Olympic goods or services. The year 2010 will be a unique year for Vancouver, hence the city has never hosted such a large event in its history. And as stated in my prior email the web domains will hold a reasonable objective which will not pertain to the Olympic events or services. Also, it is not my intent to divert customers from the Olympic trademark to harm the goodwill of the mark, nor to have commercial gain or to tarnish or disparage the mark by creating a likelihood of confusion as to the source, affiliation or sponsorship of the mark. Nor is it my intent to gain a new customer by “appropriating the goodwill” of the Olympic trademark. Along with the information provided it is important for me to mention, I am not cyber-squatting and prior to our engagement I have not offered to sell or assign the domain name for a “bad faith intent to profit.”, which according to the ICANN is the pattern behavior of cyber-squatters.

Through my research I have found the Olympic trademark on these webpages and non of which imply the reversal 2010 Vancouver or 2010 Whistler.

Vancouver 2010
http://strategis.ic.gc.ca/SSG/0915/trdp091504500e.html

Vancouver Whistler 2010
http://strategis.ic.gc.ca/SSG/0912/trdp091256400e.html

Whistler 2010
http://strategis.ic.gc.ca/SSG/0915/trdp091575600e.html


The fact I have the word "fever" is clearly a distinctive difference to the official Olympic mark and is not diluting, or "lessening the distinctive quality" of the mark. And even if there was momentary confusion it does not seem substantial enough to be legally significant. I have spent many hours in research and have found the value of my time has superseded the value of my domains and at the present time would like to resolve the matters at hand. And im sure the Olympic commitee holds the same stature towards this issue. The integrity of the Olympics is strong, and so is one man.

Sincerely,

Ryan Needham.

 

[drmaximus]

You really should spend some time reading this site http://www.taubmansucks.com/

I myself had spent hours reading every page and in fact recommend it to domainers as required reading. Even though it may not be 100% similar to your problem, you can learn lots from it including whom to contact for legal aid, etc

 

[Gydian]

Very nicely worded, Ryan. Don't back down just because they attempt to throw a little heat. Most large organizations try to intimidate the little guy, and in most cases they back down. Keep going forward.

 

[Acroplex]

Unfortunately, Ryan, in your responses you have unveiled your strategy and plan of action and showed that you are 'the little guy', whereas in such cases it's advisable to disclose as little as possible and serve the other party documents via a lawyer. Additionally, you posted the full information in a public forum that - once indexed by search engines - can become evidence to be used in a court, should they decide to take that route.

 

[armstrong]

Unfortunately, Ryan, in your responses you have unveiled your strategy and plan of action and showed that you are 'the little guy', whereas in such cases it's advisable to disclose as little as possible and serve the other party documents via a lawyer. Additionally, you posted the full information in a public forum that - once indexed by search engines - can become evidence to be used in a court, should they decide to take that route.

Threads posted within the Legal Issues & Disputes area are no longer indexed by the search engines. The only way they'll get thier hands on this is if someone actually tells them to come over here. Now who would want to do that?

 

[Acroplex]

Threads posted within the Legal Issues & Disputes area are no longer indexed by the search engines. The only way they'll get thier hands on this is if someone actually tells them to come over here. Now who would want to do that?

The actual question to ask would be "Now when would that be done?"
I've seen password-protected texts and images make it to the web and frankly, if one needs legal advice on such matters the less they disclose - including exact domain names - the better.

 

[wisconsin]

Hi rneedham,

Don't get intimidated by the attorney letter! You should expect letters like that when you are in this business of domains!

Just tell them that you still maintain your position and you strongly believe that you are not infringing on their mark nor you're making any commercial gain on behalf of their mark. Consequently, your believe that their complaint has no merit. Therefore, you believe that settling under their terms is not fair.

Say something, like....Mr. XXXX, You have put me in a situation where, either, I have to fight your complaint, should an adminstrative or court proceedings take place, or "put a price tag" on my domains and consider a fair amount of $500 ( rneedham, if you're ok with $500)for the transfer of domains.
Also say something, like....Please understand that this email does not constitute and offer to sell you my domains nor to wave my rights for their use. In fact, I would much like to keep my domains for my personal project and not be forced to sell them to your client; however, if your client insits on acquiring these domain, I will consider above terms.

Very truly yours,

The attorney and their clients know very well that it will cost them a lot more than what you're offering them.

Re: other similar domains, (if you don't have any) just tell them that you have no other domains that are similar to their mark. Even if you do but you "believe" they are not infringing on their mark, you may state so!


Good luck and keep us updated!