Originally Posted by Fatbat

Actually, I wouldn't bother with a cease and desist. All I would have to do is file a UDRP or WIPO case, pay my $1500 for one panelist for up to 5 domains, and you would lose all those domains because the trademark predates your registration and you clearly registered them in bad faith.



Fuck me, this thread is so full of fail and innernet tough guys it's not even funny. If you never owned a trademark, or if your mark has expired, you've got fuck all.

This isn't rocket science people, it's pretty cut and dried. Twisty's can take buddy to UDRP or WIPO arbitration, pay $1,500 for one panelist, or $4,000 for three and run a case for up to 5 domains or more if they want to pay a few extra bucks. Both sides then present their evidence and the panel decides. The winner gets to keep the domain(s) barring any further legal action in the courts.

In this case it would appear to be a simple case of reverse hijacking on Twisty's part, as from what I have read the domain registration predates any TM. However, stranger things have happened at WIPO hearings (look up the WIPO case for knot.com, probably one of the worst decisions ever), so both parties have the option of taking the case to court after the fact if either one of them feels they were wronged.

Every WIPO decision that has ever taken place, and there are dozens every day, is online for you to search. You'll see that most of you are talking complete shit with all your chest thumping "send me your C&Ds" "I'll whup your ass" "I'm not scared of you" bullshit.

This isn't fucking 1996. This was all sorted out a long time ago. Name squatting, typosquatting, registrations of existing marks... there are mechanisms in place that protect against this kind of activity and there's not a damn thing you can do to stop someone from taking a domain that has their mark in it, as long as you registered it after the mark was in place. As soon as a WIPO case is filed, the registrar is contacted and they freeze the domain to lock it in place until a decision is handed down.