legal Pawn Stars HATES Squatters!

[DomainVP]

Nothing a $1500 UDRP won't remedy. I can't believe that "Patrick Keys" thought it was okay to not only register the domains, but to then offer them for sale. 20 years of domain selling should have told him otherwise.

Here is the article:

http://www.tmz.com/2017/08/14/chumlee-candy-store-website-cybersquatting/

CHUMLEETHREATENS TO SUE CANDY MAN

Chumlee's in a battle for the domain name domination over his candy store ... and winning won't be as easy as taking candy from a baby.

The "Pawn Stars" star had his lawyers fire off a letter to Patrick Keys -- the current owner of chumleescandy.com and chumleescandyontheblvd.com -- threatening to take legal action if he doesn't hand over the rights to the sites. Keys has no association to the brick and mortar store that Chumlee opened 2 months ago in Vegas.

Keys tells TMZ ... he's been making his living for 20 years buying and selling domain names, and when news broke in May that Chumlee was opening the candy store ... he made a smart business move by swiping the domains. He says he tried contacting Chumlee several times to work out a deal for the names, but never heard back.

Chumlee's legal team's not having it. His rep tells us ... cybersquatter Keys jacked their trademarks while Chumlee was in the process of planning a site ... and that's why the cease and desist letter.

 

[Alessandro Couteau]

Lol, the biggest news I got from this is that Chumlee from Pawn Stars has opened a candy store ?! lol

Didn't he recently get arrested for sexual assault and drug possession, think the police found a whole lot of drugs in his place ~ so he likes to party and make candy, not that bad a guy, lmao ... But what about the MP sub machine gun they found? Is he the next Walter White, hahaha

 

[Nick]

For what it's worth, Chumlee filed the trademark after the domain was registered and the trademark application states his first-use of that trademark was after the domain was registered.

 

[johname]

"Chumlee" was trademarked in 2011. The candy domain in 2017

 

[Nick]

"Chumlee" was trademarked in 2011. The candy domain in 2017

Does that mean anything? (I don't know, I'm seriously asking)

I.E. if Apple has a trademark on "Apple", does it mean the owner of AppleAle.com is a cybersquatter?

 

[johname]

Does that mean anything?

It means everything. Would be like saying Microsoft can't win a UDRP for MicrosoftAle.com base on the domain age vs Ale idea

There are apples but there are not Chumlees

Perhaps this thread will be moved to the legal section where there are better experts to comment

 

[Nick]

There are apples but there are not Chumlees

I disagree with this.

"Chumlee" , while not as common as "John" or "Smith", is an actual name and not exclusive to this one person.

Chumlee Surname, Family Crest & Coats of Arms. The name Chumlee was brought to England by the Normans when they conquered the country in 1066. The ancestors of the Chumlee family lived in the township of Cholmondley in the parish of Malpas in Cheshire. The name is traditionally pronounced Chumley.

https://www.houseofnames.com/chumlee-family-crest

 

[Jv1999]

It is bizarre that he holds those domains.
Someone should ask him why.

BECAUSE THOSE COMPANIES HAVE TO SPEND $2,000 FOR EACH NAME I THINK FOR THE UDRP.

 

[premkumar]

It means everything. Would be like saying Microsoft can't win a UDRP for MicrosoftAle.com base on the domain age vs Ale idea

There are apples but there are not Chumlees

Perhaps this thread will be moved to the legal section where there are better experts to comment

It depends, if you say I am going to name my child Chumlee and own this for that purpose than you can win the case but noway you can contact them and offer it. An example Maruti.com owner won against Maruti Suzuki Car Manufacturer on this basis.Again I believe Trademark is for particular line of product or service & country.

 

[Jason.tv]

this is stupid; let me sum this up for everyone.

Clearly The candy store has first use in commerce; simply by registering a domain name does not make you first rights to use in commerce. The person who registered this domain is in clear violation of UDRP, cybersquatting, and IP infringement; moreover, there is a reason why these laws are in place.

The domain registrant is trying to profit from these names by clearly intent of registration to the rightful owners.

The forum post should end here.

 

[Hemanttilotia]

I reached out n suggested Chumlee to go for chumlee.shop or chumlees.shop, both available to hand register as of now..but he seems to be just interested in going with the case.

 

[Charles Carreon]

I can explain rather easily.
You can own a TM domain and have a lot of fair use reasons for ownership, shooting the TM owner a BIN price is not one of them.

Take it to the bank. I had a dear friend ask me to present a direct offer to sell a one-word four-letter domain to a huge entity with a solid trademark on that very word. Had to say no way would I do it, because if I were the lawyer for the huge entity, I'd be obliged to tell my client: "Pay him nothing. I'll get it for the cost of having our outside lawyer file a UDRP." Why? Because the mere offer to sell to the markholder at a high profit margin establishes bad faith intent to profit from another's mark -- the central focus of the arbitrator's inquiry. First rule in the law business: Don't manufacture evidence against yourself.

 

[DnEbook]

The comments in the article say the store is closed, is that correct?

 

[lock]

At the end of the day domainers will have the domain and they still won't have a birth certificate.

 

[drakeholm]

what I learned is that apparently you can quasi-squat if its a fansite review site or satirical content.like maybe political cartoons or something.
But can you legally derive ad revenue from a site of this type and still bust under the limbo stick of "good faith"? Will Google AdSense issue revenue from possibly hijacked keyword serp soup?