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

 

[redhippo]

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?

thats great! i was bit worried that my name would be dragged into the google mine fields!!

 

[stjjchs]

huh? i thought there isn't any olympics in 2010...

 

[armstrong]

huh? i thought there isn't any olympics in 2010...

Perhaps the winter Olympics?

 

[rneedham]

olympic..

If I write them back with a decision, not to hand over the domains, then would I be charged or have to incure any fee's? I need to know for certain. what will they do if I write back an email like that?

 

[Gydian]

Well...

If you write back indicating that you're choosing not to adhere to their demands, then their next step will most likely be to issue a court order...in other words, if you intend to stand up to them, I'd be finding a pretty decent lawyer.

If you haven't done so already, I advise taking an hour with a lawyer and going over this with them. They'll know whether or not it's worth fighting for...

Since those lawyer fees will come out of your own pocket, make sure you keepa receipt and when tax time comes around, write it off as an expense for your site. :P

 

[Acroplex]

If I write them back with a decision, not to hand over the domains, then would I be charged or have to incure any fee's? I need to know for certain. what will they do if I write back an email like that?

The real question you need to ask yourself, is why you registered the domains in the first place. This will help you justify the course of action: proceed with fighting the case or dropping it. If you bought the domains with no plan in mind, you'll be breaking even, after the registration fees are paid by the other party.

 

[rneedham]

When I purchased the domains - with 2010whistlerfever and 2010vancouverfever, I didn't have the intent to profit from cybersquatting. my intent was to setup an informative community page to inform travellers of the vancouver area. sports, recreation, hotels, lifestyle, restaurants, etc.
but as for 2010olympicmania.. yeah.. this one is clearly an olympic infringement.

when they quoted: "If you fail to refuse to comply with VANOC demands, we will seek instructions to commence appropriate legal proceedings against you without further notice."

This message is clearly a statement to push fear into me and cave into there demands. I guess what i need to do now is weight the pros and cons of going further.

 

[jberryhill]

It doesn't matter whether the posts are indexed by Google or not.

 

[wisconsin]

Hello-
From my experience, if the trademark holder believes that they indeed have a genuine reason, to start a legal proceeding, regardless of the domain procedures and regulations, and skip the administrative one [wipo/udrp] because they realized that you had been gaining commercial profit on behalf of their mark, which is the basis of “unfair trade” and they want you to pay them for damages; however, no judge will agree to their findings because you are not pocketing anything in your case!

When you send an email to the attorney, stating that their claim of trademark violation has no basis, here, as there is no “commercial” gain, you need to copy your email to their client. Just incase, the lawyer’s intent is to proceed with legal action, even though, he/she knows that they have no merit but they still want to make $$ on behalf of the case.

Send them your reply with your terms ($500). you can always handle them the domains for free as a last solution before any proceedings take place. Don’t get scared with their deadline. It’s a routine thing! I strongly feel that they will pay you the $500 if you’re ok with it.

 

[wisconsin]

I think your first reply to them may have been perceived as you were not giving them the domains period, that's why they choose to pass it on to a lawyer instead of negotiating directly with you. Perhaps if you suggested the $500 compesation for them, they may have agreed to it instead of going to a lawyer and having to pay them, possibly more, for drafting and writing you the letter. It would have cost them less! Anyway, I think you still can twist it to your side. Good luck!

 

[America First]

I would say that not having a site up and running could hurt you, showing that you have intent to help not profit from the site is the best way to deflate the problem. This is not open and shut by no means, ask your self this what will you do if you keep it? Is it worth this? Are you going to pay to fight them? Or are you going to give it to them when they file so you don`t have to pay any fees? If you feel that these names are worth all this then fight , but i would say it`s not worth it. You seem new to this business, and a nice guy that ment NO harm, keep that rep. and you will prove in future sales of other domains you might have that its never your intent to "SQUAT"

 

[rneedham]

If I genuinely ask for $500. what would there next action be?
would they send me a bill for lawyer fees... or any fees?
would it hurt in any way if i ask for $500?

PS: If the olympics is reading these threads I could be kyboshing my plans.

ryan

 

[wlspro]

In most cases they would take your $500, even though it is pushing the nuisance amount offer to its limit but given the Olympics history and position they most probably will not.

Now if you can justify this amount as your direct out-of-pocket expenses you would be in a much better position.

You should also present this as an “offer of compromise” under rule 408 for settling a dispute and not a demand for sale. Details of such settlement offers are not admissible in court, and have been ruled inadmissible under UDRP, though not in all cases. There should be a real dispute and threat of legal / administrative proceeding for the this to apply.

For Rule 408 see http://www.touchngo.com/lglcntr/ctrules/evcom/EVC-19.htm

 

[wisconsin]

Hi,
Any updates, rneedham?

 

[suthra]

I too am waiting to hear the same

 

[QBert]

i assume they killed him.

 

[rneedham]

Hi.. sorry for the massive slow response.
I forgot along the lines.
well... it turned out in the end i was either going to head to court or make the decision to give em over for reg fee's.
it was agreed upon for a transaction of $20 CAN each domain. - $60

this was the last email from the lawyers:

This message is intended only for the named recipients. This message may contain information that is privileged, confidential or exempt from disclosure under applicable law. Any dissemination or copying of this message by anyone other than a named recipient is strictly prohibited. If you are not a named recipient or an employee or agent responsible for delivering this message to a named recipient, please notify us immediately by telephone at 604-***-****, local 4530, and permanently destroy this message and any copies you may have. Warning: Email may not be secure unless properly encrypted.

Mr. Needham:

VANOC has considered your position regarding the domain names 2010vancouverfever.com and 2010whistlerfever.com. VANOC remains of the view that your registration and use of those domain names infringes VANOC’s rights and is prohibited by law.

In answer to some of the matters set forth in your September 13, 2004 email, we comment as follows:

1. VANOC and its licensors have adopted and are using the following Canadian official marks: VANCOUVER 2010, VANCOUVER 2010, 2010 VANCOUVER AND FLAG WITH MOUNTAINS AND SAILS DESIGN, 2010 VANCOUVER DESIGN, 2010 VANCOUVER WHISTLER & DESIGN, VANCOUVER WHISTLER 2010, WHISTLER 2010, WHISTLER 2010. (Click on the mark for details regarding the registration.)

2. As noted above, there is a registration for 2010 VANCOUVER as part of three different design marks.

4. The domain names are unlawful because they include number 2010 in combination with the city names Whistler and Vancouver, combinations that are identical or confusingly similar to a number of the Olympic Marks.

5. VANOC is taking appropriate steps regarding other domain names that infringe the Olympic Marks.

VANOC will not agree to your demand for payment of $500 in exchange for the domain names.

We ask that you reconsider this matter, and advise us whether or not you are willing to transfer the domain names to VANOC. Upon completion of the transfer of the domain names, VANOC will reimburse you for your documented out-of-pocket costs incurred in registering the domain names (which we expect to be approximately $10 per domain name). VANOC will not make any other payments to you or any other person regarding this matter.

This letter is not an exhaustive statement of VANOC’s legal position. VANOC reserves all of its rights and remedies.

We are not acting on your behalf and we are not protecting your interests. Accordingly, we recommend that you obtain legal advice regarding this matter.

We look forward to hearing from you by no later than October 12, 2004

----------

The funny thing is a month later in the Vancouver Sun (newspaper), they had an article about the 2010 olympics and trademarking and infringing on the mark. I think my incident with them sparked the article. I was also told the trademarking and infringing issue was on CBC radio.

On another not about the olympics: goto this website.
http://www.unknowncountry.com/news/?id=4062

 

[vimkar]

about olimpics ...

i own 2006olimpics and sedo refused to add it to my portofolio ....

 

[Lyte]

Just outta curiosity I checked out...

20WHISTLER10.COM - Gone and for sale... hmm!

 

[NP41215]

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

Too bad the jurisdiction was not challenged right at the beginning. It would have saved a lot of time and effort and resulted in a more favorable forum.