nstalk said:
I also noticed they have a trademark on nationalwind so why did they pay 5 grand for the dotcom?
:hi:
It's very simple.
If they filed a UDRP they most likely would lose and could be accused of
Reverse Domain Hijacking.
If they filed a lawsuit in court it would be expensive.
And if the owner of NationalWind.com was able to hire a lawyer and defend himself NationalWind.us folks would most likely lose, could be countersued
and would most likely have to pick up the court costs for the Defendant.
Because...
NationalWind.com was regged on March 09,2007.
NationalWind.us was regged on July 24,2007.
National Wind TM was regged on July 18,2007.
The TM holder would have to prove that the owner of the .com knew about their plans and registered and is using the domain in bad faith.
Unless the .com was being offered for sale to them this is not that easy to prove.
There's also TM reversal risk.
I don't know what plans the owner of NationalWind.com originally had.
But if he was making a viable business and could prove it,his lawyers could seek to have the National Wind trademark overturned.
See the CheapTickets.ca lawsuit.
Quote: " 'This dispute started off with the travel agency claiming that they had a right to my client's domain name, CheapTickets.ca, because they had registered trademarks. The dispute has ended with my client rightfully keeping its domain name, and the travel agency losing its registered trademarks. They should never have been issued them in the first place. This is a lesson for overreaching trademark owners. We are ecstatic about the decision. Justice was definitely served.' " :hehe:
Read about it here:
http://www.marketwire.com/mw/release.do?id=639627
Buying the .com was the right thing to do.
You might also be interested in the current lawsuit Florida-Weekly.com vs FloridaWeekly.com.
It should get you steamed up how a deep pocket company is trying to bully and steal a .com domain from "a little guy". :td:
Find it here:
http://www.floridaweekly.com/blog/?page_id=52
Patrick