Quote:
Originally Posted by Barry-xlovecam
WIPO Domain Name Decision: D2016-1926
The registrar acts on the UDRP decision only.
Plaintiff would have burden of proving trademark damages.
US Law 9th Federal Circuit 15.29 Trademark Damages?Defendant?s Profits | Model Jury Instructions
Another thing is jurisdiction -- he has to come to your 'home court' to sue.
Since you just registered the domain and have made no money there are no damages.
If your domain contains his trademark of 'chatroulette' you will lose if it is also used in bad faith and you have no rights or legitimate interests in the name.
" Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. "
Under the circumstances, if it were my domain, I would just default and lose the registration fee. Not intended as legal advice and for discussion purposes only.
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TY a bunch Barry!
Well i read some of his previous cases, since i only own this domain, it is not cybersquating.
But he has registered his name/company name as trademark, and linked it to webcam chat, and i have a webcam plugin on the domain, so i will loose for sure.
Just figuring out the best way to proceed...
In the letter it says:
Consent to remedy. You may consent to the remedy requested by the Complainant and agree to transfer or cancel the disputed domain name.
So if i cancel it, i loose it, and he has to register it again?
(maybe some one else does before him though... )
If so does the case get recorded if i cancel the domain?
If i can cancel and not get recorded, i would like that option more than handing it over.