If you already had the site developed then you would have been fine? i'm not really sure if you have any grounds here, seems like it's to late...
Say goodbye to the domain. You have it parked with ads that infringe on the sandwich maker.
You might as well contact them and begin transfer. If you have a wipo against you it will just make it worse if it happens again and you want to defend the domain...
Why must he hand it over? I mean if he actually develops it as he claims, what right do they have to it? I personally think it is wrong that they feel they have the right to the name...
You have grounds for a defence here, don't give it up easy!..
Most of the times I get suprised with people here that.
Are willing to give up their property so easily..
I know since most of you think this way you r probably right.
I wouldnt give this one...
Have you seen the parked page ? It's covered in ads for Subway sandwiches ! If thats not going to show bad faith I don't know what is....Hand it over as you don't stand a chance in WIPO.....
Its parked with trafficclub.com so they do auto templates.... I cant change it!!! also I cant change the dns because it's under wipo review!!..
Davy you r right on that,.
I m reffering to cases that dont use the same brand to make money..
You may aswell hand it over. I never checked over the page so I didn't see the parked page...
Its been a day since your first post of this and if you really wanted to keep the name you would of unparked it by now..
And pointed to an error page.
Alternatively you could always right a well written letter.
Stating your intentions for the domain.
Subwayfreshbuzz <.>..com created march06.
Your domain created april06.
I dont understand why they would waste a whole wipo fee with out first offering to buy the domain. or at least contacting you first..
If your going to defend yourself stop parking it asap and correct your simple oversight..
If it shows ads for Subway restaurant a UDRP case will likely find in Subway's favor. I understand that you didn't select which ads displayed so it's a shame, but consider it a lesson learned. Subway probably routinely checks for potentially infringing domain names in order to defend it's trademark, since failing to do so could affect it's trademark standing.
Were you not first contacted by Subway's legal counsel with a cease and desist letter? If so, that would have been the time to remove the ads and explain your intent.
If you do wish to retain the domain name, I strongly urge you to consider what it's worth to you and to retain an attorney who specializes in this kind of law. I can't stress enough that it should be an attorney who is versed in domain name law. I assume Subway has deeper pockets than you and I don't think your chances are good. My advice is that if you wish to retain the domain name your best bet is to find an attorney per above with the goal of convincing Subway of your original intent and agreeing to sign an agreement stating that you won't infringe in the future (which limits your ability to participate in ad programs that could serve their ads)...
This kind of domain wouldn't be worth the legal hassiles though.
Also he would never be able to have ads on it incase they infringe the trademark again?..
If it was my domain, I'd begrudgingly hand it over BEFORE the UDRP case commences. If I still wanted to pursue my biz idea I'd think of a domain name that doesn't include the word "subway". At this point, an option would be to relinquish it and register a new domain name with "subway" in it and no infringing additional words (like "sandwiches", "restaurant") or words that could be in past, present or future slogans and to immediately create a homepage explaining the future purpose of the site and showing no ads. They could still come after the registrant, and if they did and it was me, I'd probably consider it a $7 loss and move on.
I call what happened to the OP "buying a lesson".
No matter what, the OP in all cases would have to be EXTREMELY careful that he only shows ads he has full control over - no AdSense, trafficclub, etc. If ad even showed up for a competing restaurant Subway could claim bad faith...
Ok it's me again.
Plz explain me how money decide how is correct or not,.
I m used to have justice from courts regardless the money involved..
Also Yoshine this is the perfect oppurtunity to go into your portfolio of names.
THink about them c if their is any potential tm issues then check your parked pages and c what ads come up..
Thus taking a proactive approach..
Write them a letter of apology saying you were not aware there were ads from competing companies on your domain because you don't control the individual ads. Give them a written undertaking it won't happen again. Tell them how you propose to develop the domain. That way if they make a UDRP complaint, it makes them look bloodyminded and heavyhanded. First thing you must do is unpark the domain...
I make about 20 bucks a day with the domain name, thats the only reason I leave it parked..
Lawyers cost money. Bigger the better. either way your going to have to hand it over...
First off, there are several who need to read my sig....
Secondly, intent only goes so far. This was registered April 2006, you did ZIP with it in over a year. When it comes to domains, unless you have a clear drawn up DOCUMENTED business plan, for get the intent argument. It is based on how the domain is being used, brings me to point 3.
Thirdly, You have it parked with competitng ads. Then you admit to keeping it up becuase you make 20 a day. That is bad faith handsdown. You say you do not control the content, that is all fine and dandy. So tell, how did the parking company forcibly make you park the domain with them????.
Fourthly, (and this is to a reply here), after you are contacted, it almost never matters what you do with the domain, what matters is how you used it before you were contacted.
Fifth, if you are going to get into the domain game, pick you battles wisely. (hint- this may not be a wise one)..
And I guess the other party has kept certified screenshots. Unfortunately that is not a valid legal excuse. If you can't avoid TM-infriging advertisements do not park Not bad. 20 bucks a day and you never wondered how come ?
I think you can kiss the name goodbye. Sorry...
If you had registered subwaybuzz.com without thinking of subway food chain you would have a chance. Unfortunately Subway Restaurants is using the term buzz related to their products as well. They have a website at subwayfreshbuzz.com.
It is very likely that you heard subway using fresh buzz and then registered your domain. You might argue the opposite but there is no proof of genuine interest on your side.
The only think that counts is what you were thinking when you registered that domain. You were thinking of the TM holder. You lose the domain...
I going to make a statement that may seem contradictory to my usual stances...
The true form of cybersquatting IS the intent at the time of the registration. The OP could very well have registered the domain as he stated. He stated his intent and by written rule, should be able to win a dispute. It is the burden of the complainant to prove the intent.
Now the realization: The OP did nothing to develop the domain, he had over a year. He parked the domain , and admitted making money from the TM. So his intent could have been good, but did all the wrong things. Unfortunately, the criteria is now interpreted as "registered and/or used in bad faith". Sometimes, decisions work backwards to determine if the name was registered in bad faith. Meaning- he is using the domain in bad faith, he has no rights to the name, so he must have registered the domain in bad fiath. Regardless if this is right or wrong, that is the reality...
I agree, WHY? If major brands come up with anything they can just get what they want, whats next on Subways list, FreeSubWays.whatever..
"Why must he hand it over? I mean if he actually develops it as he claims, what right do they have to it? I personally think it is wrong that they feel they have the right to the name.".
Please read post #21, First line... please...
As already stated, IF he did what he "intended" to do, that is one thing. But how the domain is actually being used is another. He has clearly demostrated bad faith. Did you even look at the site? Yes, Subway does have a right to their name, that is why there are Trademarks. But shouldn't the real question be, why does the OP have rights to the name? (and please don't give me the "regged in the open market" argument. If you read the TOS when you register a domain, it states you won't register TM domains).
I do believe Subway has been around before the domain was registered. Please correct me if I am wrong. So it is not like they created something new and are now trying to get the name. They are protecting thier TM...
After reading DNQuest.com's last 3 posts and the poster who pointed out that Subway uses their name in conjunction with "buzz", there's almost 100% chance the OP would lose a UDRP case. Posting that he makes $20/day from the ads seals the deal. I've lost a UDRP case I should have won according to the 3 elements which must be proven in such cases. I've also surrendered a domain name I would have retained had it gone to UDRP, but I didn't pursue it for several reasons - it may have bankrupted me, it wasn't a revenue generating site and was never going to be (I ran it for 5 years before getting the C&D), it wasn't worth the time and it would have been bad for me overall.
Like I said before "buying a lesson"...
Sorry to hear that doc. There have been decisions that did not make sense to me...
This thread is the perfect example of the phase "keep your big mouth shut.".
Lawyers and their help learn about this industry from visiting forums like this..
The subway legal team is no different..
YTou said you wanted it for a site about subways but your blatently displaying food ads and have acknowlaged making 20 a day from it.
Its still parked showing the same ads.
Obviously you dont care about others property.
Which is blatently disrespectfull and shows a serious lack of judgement.
Which also equals no class, you convicted yourself right here on namepros enjoy your 20 a day..
You will lose the domain.
Not disputing the conclusions, but he is now unable to change the nameservers, if I am not mistaken - there is not necessarily a "continuing maliciousness" on his part.
I would surrender.
If you give them the domain, do you need to pay wipo's fee for them?..
Yes, he cannot change the nameserves but I'm not saying hes right at all..
Well this is subway's owned website http://www.SubwayFreshBuzz.com.
Domain Name: SUBWAYBUZZ.COM.
Created on: 05-Apr-06.
Expires on: 05-Apr-08.
Last Updated on:.
Domain Name: SUBWAYFRESHBUZZ.COM.
Record created on 07-Mar-2006.
Just hand it in...
I sincerely hpe this is a lesson learned although I highly doubt it..
You'd be amazed how often I hear this... as if traffic magically arrives at oddly contrived domain names.
Look at it this way, if the domain name makes $20 a day, then you can get, what, three sandwiches a day - that's breakfast lunch and dinner - for the next month while you wait for the process to run and take the domain name away.
No, that's NOT legal advice...
Subway could actually be overreaching, and thus there tm could in theoy be attacked. I did this to intel when they tried to bully asite from me. I would fight..
I'm usually in BIIIIG favor of "stickin' it to the corporate suits - call me "the guy with an authority problem"", but in this case, the corporate suits are going to clean multiple subway restaurant floors with you.....
Enjoy the fruits of the domain's labor until it's gone, surrender, hand it over, give up - this one is definitely not worth the hassle. Because even when you consider $20/day x 12 mths = $7200, that's going to barely cover your legal fees, with zero assurance that you're going to win and then you're probably facing subsequent legal battles for revenue, damages, paying their legal fees, etc. In short, it was a nice ride, the car has come to a stop - get out...
Keep in mind that if a WIPO case is decided, the decision (which can include a lot of detail) will be posted to the WIPO site and elsewhere, may be referenced in future decisions and could come up in Web searches for your name (and company if you have one). That could harm your reputation, which may not be worth milking $20/day for another month. YMMV.
You may want to read a few WIPO decisions to see what detail is included about the respondent (that would be you) and what logic is used by panels in cases similar to yours.
Yoshine, also, you said it was under WIPO review - did you submit a response? In other words, is the panel review underway? If it is and you didn't submit a response you automatically lose and if you did, did you address all of the elements of a UDRP case?..
Did you bother to type in the domain name and actually look at it. IT would have been nice if you did, would have saved me a post...
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John, this is more in reference to us here at the forum where someone is looking for vindication and tries to portray themselves as victims. And then they post something that shows bad faith adn we no longer feel sorry for them...