Comments on: Domain question

Question: Domain question

KevinSkomsvold — Sat, 18 Jun 2005 02:13:22 -0800

Our band has been using a .cc domain name since 1999 in hopes that we could snap up to .com version. The .com version has been purchased by a domain registrar...

This domain registrar is moniker.com. They own it but are only accepting bids of $400.00 and higher. We've bid on it at least three times with no response. Is this normal? What recourse would we have? The band name is a registered trademark so I'm wondering if we have any legal ground to stand on. Desired outcome would be to 1- get the domain name and 2 - not pay $400.00 plus for it.

By: grouse

grouse — Sat, 18 Jun 2005 02:20:59 -0800

What Must a Trademark Owner Prove to Win a UDRP Arbitration? See also What is Bad Faith? Also the fees for arbitration.

By: KevinSkomsvold

KevinSkomsvold — Sat, 18 Jun 2005 07:52:29 -0800

Thanks grouse. I googled this last night but didn't find anything as concise. On all points, I think we'd have a good case.

By: grouse

grouse — Sat, 18 Jun 2005 09:12:29 -0800

Except for the fees point. I was hoping someone with some experience in this process would step in, but the arbitration fees are so high that $400 seems like a bargain.

By: mischief

mischief — Sat, 18 Jun 2005 09:18:06 -0800

$400 sounds fairly cheap to me. Hell, nowadays $400 is pocket change in the .com biz. Perhaps they have ignored you because you haven't offered enough. You will spend many times that $400 to get this arbitrated properly.

By: KevinSkomsvold

KevinSkomsvold — Sat, 18 Jun 2005 09:28:58 -0800

We'd pay the $400 and even higher if necessary. The problem is we've bid higher on many occasions and its the same story. No response, no yay or nay, nothing. Its been sitting there for over a year now so I can't understand why they'd be doing this.

By: grouse

grouse — Sat, 18 Jun 2005 10:08:44 -0800

Incomptence? There's no rational reason for it. In that case, hopefully they will not reply when you serve them with notice of the arbitration.

By: mischief

mischief — Sat, 18 Jun 2005 10:08:54 -0800

Are you trying to get the moniker.com domain itself? Or, is the domain name you want owned by moniker? If the latter, what domain are you trying to get?

By: mischief

mischief — Sat, 18 Jun 2005 10:11:49 -0800

btw, these guys are way ahead of you in terms of UDRP: http://www.moniker.com/news/vol4/articles/anticybersquatting.html

By: puke & cry

puke & cry — Sat, 18 Jun 2005 11:00:56 -0800

i don't see how you have a case against them. look at their about page. their name is 'Moniker Online Services, LLC'

By: ubernostrum

ubernostrum — Sat, 18 Jun 2005 11:17:41 -0800

puke & cry: 'moniker.com' doesn't appear to be the domain in question (check the nonexistent status of 'moniker.cc' to confirm this). Rather, moniker.com has, in typical shady registrar fashion, snapped up a bunch of potentially-useful domains and hopes to sell them off to the highest bidder. Which is pretty much the definition of bad-faith cybersquatting. Take 'em into arbitration, I say.

By: KevinSkomsvold

KevinSkomsvold — Sat, 18 Jun 2005 12:04:40 -0800

The domain is "antje.com". The trademark info is located here.

By: KevinSkomsvold

KevinSkomsvold — Sat, 18 Jun 2005 14:03:42 -0800

On postview: Sorry about that P&C and mischief. I didn't mention the domain in question. Moniker is the one holding it.

By: mischief

mischief — Sat, 18 Jun 2005 14:17:08 -0800

Hmm, well, Antje certainly isn't a widely used american word, but I wonder about europe. Is it possible you all have some competition overseas?

By: ijsbrand

ijsbrand — Sat, 18 Jun 2005 16:39:11 -0800

Antje is a Dutch girls name. Girls in traditional Dutch costumes nicknamed 'Frau Antje' are commercially used to promote cheese in Germany/German speaking countries

By: mischief

mischief — Sat, 18 Jun 2005 17:34:51 -0800

After googling "frau antje", I think ijsbrand found your competition for the domain name, Kevin.

By: dhartung

dhartung — Sat, 18 Jun 2005 22:22:03 -0800

I dunno, under US law you don't have a strong case; the 1999 Anticybersquatting Act mainly delineates protection for "distinctive" and "famous" marks (e.g. Nestlé).

Lots of bands go with names that would be, e.g. "bandnameband.com" or "bandnamemusic.com", e.g. eelstheband.com (eels.com is taken by a name vendor, similar to your case). And the Contagious Media experiment showed that you don't really need a short domain name to get spread around.

By: KevinSkomsvold

KevinSkomsvold — Sat, 18 Jun 2005 22:50:26 -0800

Thanks everyone for your answers. Gives us something to chew on before we pursue this. I really appreciate your expertise.

By: Goofyy

Goofyy — Sun, 19 Jun 2005 06:18:04 -0800

My Dutch-speaking partner says antje means "little ant". He's Flemish, so maybe they don't use it for a girl's name. He has seen the cheese use. I think I have seen it too. Wonder if its used here in South Africa.