Poker Host, Inc. just popped my cherry...

[DutchBoyd]

with a UDRP complaint. I feel like I'm going through a rite of passage. lol.

Anyway, I've owned PokerHost.net for four years now and had plans to use it in relation to a tv hosting gig I had for a poker reality show. It didn't pan out, and I figured I could use the domain for something else... a VIP casino host network or maybe a hosting service dedicate to online poker sites once the doors opened up in the states. I figured I'd eventually sell it to an end-user if I didn't develop it, as all the other extensions were taken by different people. Sure enough, PokerHost.com developed into my ideal end-user... an online cardroom with deep, deep pockets.

One of their principles approached me at the World Series this year, drunk and pissed that I had "his" domain name. I kind of laughed it off and told him that I wasn't really too attached to it and I'd be willing to sell it. We parted ways amicably enough. Then I never heard back from him... I emailed a few times trying to get in touch with him, but eventually just let it drop and figured I'd hear from them eventually. Or not. Whatever.

Today I got a UDRP complaint. Kind of took me by surprise. I'd have thought I'd get a C&D letter or at least an email asking to buy the domain for some lowball offer before they'd spend money on an American lawyer and a complaint. Doesn't it cost like $1500 to file a UDRP complaint?

Anyway, I'm sure the same questions have been asked over and over, so I'm going to be reviewing the threads here... now I'm spending my next few hours and days becoming an amatuer IP expert. Doing a TESS search at uspto.gov, it doesn't appear that they even have a trademark for PokerHost.com or "Poker Host". I feel like it's a classic case of reverse hijacking...

My main concern is that my registrar, Fabulous, will get a letter in the next couple of days and suspend the domain until it's resolved. As of right now, they haven't received anything and the arbitration board hasn't set any dates or deadlines or anything... I assume I got the complaint at the same time they did.

Does anyone have any advice on what I should do with the domain while I'm disputing this claim? Does that Domainer accreditation thing actually help you at all in preventing a domain's suspension? What exactly happens at this point? Will the domain get suspended and stop resolving? If so, does that mean they could do the same thing to PokerHot.com, or even something like PH.com and bring the site down until the thing is resolved?

I had the domain parked, but when I got the complaint I decided to write an angry blog post about the whole situation and now the domain is redirecting to it. I want to keep the name, as it's made me a couple grand in PPC earnings since I registered it... and I definitely don't feel like handing it over to the first guy who wants it for nothing.

Maybe it's shooting myself in the foot writing the blog and redirecting the name to it, but whatever. It makes me mad and I want to make this as public as I can. Can someone suggest how I could get this story reported on some of the industry sites?

-Dutch

 

[Dave_Z]

I'd have thought I'd get a C&D letter or at least an email asking to buy the domain for some lowball offer before they'd spend money on an American lawyer and a complaint.

While it's typically expected, unfortunately a complainant doesn't really have
to send a C&D if they opt to file a dispute right away. It costs money, but it's
not a problem for some, I guess.

Doing a TESS search at uspto.gov, it doesn't appear that they even have a trademark for PokerHost.com or "Poker Host". I feel like it's a classic case of reverse hijacking...

Possibly. Trademarks don't actually have to be registered to exist, though it's
the complainant's burden to demonstrate when (or if) they started using the
term as a mark, and so on and so forth.

My main concern is that my registrar, Fabulous, will get a letter in the next couple of days and suspend the domain until it's resolved.

Bare minimum, Fabulous will lock the domain name to prevent any transfer or
registrant name changes. Not sure if they'll disallow any other changes so do
check with them.

Does that Domainer accreditation thing actually help you at all in preventing a domain's suspension?

Unfortunately no. The domain name gets locked up (and possibly any website
or email access suspended depending on Fabulous) pending resolution, and it's
part of your registration agreement.

On the side, you might want to "hide" your blog entry about it until this thing
is concluded. Just as anything you say can be used against you, so can what
you post online.

Hope it works out.

 

[DomainReseller]

Dutch,

I agree with Dave regarding the lack of disclosure at this point. Keep things quiet for the time being. The case appears to be rather week, so you may want to consider dragging your feet on this. If the individual who filed the claim is serious, let him continue to spend money trying to obtain the domain name. Another possible option would be to contact the owner of the .com directly and offer to sell. I wouldn't worry about spending too much time building a defense. The domain name probably isn't worth the hassle, although it would be a shame to let it go without at least a little fight.

 

[Michael]

Dutch,

I agree with Dave regarding the lack of disclosure at this point. Keep things quiet for the time being. The case appears to be rather week, so you may want to consider dragging your feet on this. If the individual who filed the claim is serious, let him continue to spend money trying to obtain the domain name. Another possible option would be to contact the owner of the .com directly and offer to sell. I wouldn't worry about spending too much time building a defense. The domain name probably isn't worth the hassle, although it would be a shame to let it go without at least a little fight.

Don't offer to sell to the .com owner, that'll give them proof of bad faith.

 

[OnlineDomainCom]

Unfortunately no. The domain name gets locked up (and possibly any website
or email access suspended depending on Fabulous) pending resolution, and it's
part of your registration agreement.

Hmmm... I am sorry but...
The domain can't be transfered and you can't change whois.
That's about it. Nothing more!
The domain will resolve as usual and if it has hosting and email attached these will function fine.

 

[flamewalker]

If you care about the name, you might see about getting a consult from the likes of John Berryhill or another experienced domain IP lawyer, to help you determine what rights you have (if any), and whether its worth fighting for.

 

[OnlineDomainCom]

The company Poker Host Inc. was probably created after 2004. (Date of registration of .net) Until then .com was owned by a company with a different name.

Do they include a Panama trademark in the UDRP?
If they do then since you are located in the US you can claim you never heard of them.

But these are only a couple of things to get you started. If they have advertised in the US etc. etc... then it's a different case.

 

[Dave_Z]

Hmmm... I am sorry but...
The domain can't be transfered and you can't change whois.
That's about it. Nothing more!
The domain will resolve as usual and if it has hosting and email attached these will function fine.

He he, that's why I said "possibly" and "depending on Fabulous". But that's good
to know!