毎日.jp - 1st IDN.jp in dispute - Page 3 - IDN Forums

sunsei21 · #41 12-24-2007, 01:23 AM

Quote:

Originally Posted by burnsinternet

I have far too many JPs to take this lightly. I don't think anyone is advertising the actual unicode.jp for any of my domains, so I should be OK.

ditto here really makes me want to stick to .com to be safe

i have a feeling we have about a snowballs chance in hell at winning if it came to it

thegenius1 · #42 12-24-2007, 02:10 AM

Quote:

Originally Posted by sunsei21

ditto here really makes me want to stick to .com to be safe

i have a feeling we have about a snowballs chance in hell at winning if it came to it

If you have alot and loose a few no big deal. Like Ryu and others have said the Japanese aren't big on litigation. Also .com's have been approached and handed over in the past.

sunsei21 · #43 12-24-2007, 02:34 AM

Quote:

Originally Posted by thegenius1

If you have alot and loose a few no big deal. Like Ryu and others have said the Japanese aren't big on litigation. Also .com's have been approached and handed over in the past.

logic is good buy the beach and u wont miss a few grains of sand i am with that
i dont doubt .coms have been lost just think chances are better in .com well back to buying the beach

burnsinternet · #44 12-24-2007, 02:36 AM

Hope that is correct. I am not holding Japanese TMs, but anyone claiming my JPs would scare me a bit. Generics are supposed to be generic.

touchring · #45 12-24-2007, 03:17 AM

Quote:

Originally Posted by burnsinternet

Hope that is correct. I am not holding Japanese TMs, but anyone claiming my JPs would scare me a bit. Generics are supposed to be generic.

Even for dot com, generics are not totally safe. The only criteria are these 3, generic or not doesn't matter:

Quote:

Originally Posted by Rubber Duck

For UDRP to be successful the plaintiff has to prove all three. Which from memory are simply:

1) Infringement of existing TM (includes generic).
2) No legitimate interest in domain
3) Registered in Bad Faith[/duck]

But for generic, if there's no bad faith, 3 cannot be proven and the complainant is denied.

Of cos, 3 can be proven if you park the name! Say supposing you registered apple.com, parked it, complainant does a screen capture and ipod ads appears, astalavista!

Of cos, there are cases whereby pple hire lawyers to argue their way out, e.g. adam dicker's elephant.com, but these are unique cases whereby his lawyer prepared 3000 pages legal notes. The panel does not want to waste time reading, so the respondent wins.

For cctld, i suspect that 1 and 2 is sufficient.

Ryu · #46 12-24-2007, 04:14 AM

Do you want to know how Japanese people will perceive foreign domainers?

Got the picture?

btw, the Mainichi dispute seems to be not over yet. it appears that Tokyo Yusho decided to bring it to a Japanese court.

burnsinternet · #47 12-24-2007, 04:17 AM

Ryu, are you trying to get my JPs?

As we say in America, you can have my IDNs when you pry them from my cold, dead fingers....

IDNCowboy · #48 12-24-2007, 04:31 AM

Not all of the top .com's in English are owned by westerners

Aren't alot of the three number .com's owned by the Chinese or Japanese in their countries
Scavengers!

markits · #49 12-24-2007, 04:38 AM

What I get here is that dot com is the king.
毎日.com, hihi..

Ryu · #50 12-24-2007, 04:43 AM

Quote:

Originally Posted by IDNCowboy

Aren't alot of the three number .com's owned by the Chinese or Japanese in their countries

those are Hindu-Arabic numerals used all over the world. NOT ENGLISH!

touchring · #51 12-24-2007, 04:46 AM

In the future, when idns prove to be valuable, you'll start to see people setting up companies, buying trademarks, and then go after generic names.

markits · #52 12-24-2007, 04:56 AM

True. Just once again proves this.
The Asian cctlds need a bit more civilised management with less hostile altitude towards investors.

touchring · #53 12-24-2007, 05:59 AM

a few days ago, i read a chinese news that someone registered the a company using the chinese version name of Google 谷歌 just days before Google launched that brand. That company is now suing Google for cybersquatting on its name!

News here, it's very funny.

http://web.jrj.com.cn/news/2007-12-13/000003049840.html
translation: http://translate.google.com/translat...hl=en&ie=UTF-8

burnsinternet · #54 12-24-2007, 06:16 AM

So-o-o.... Is there a danger to idn.CN?

touchring · #55 12-24-2007, 06:23 AM

Quote:

Originally Posted by burnsinternet

So-o-o.... Is there a danger to idn.CN?

This is not a domain dispute. the chinese company wants google to change its chinese name.

Well, this isn't the first time google got ripped off in china. rumors are that they paid a million dolllars for google.cn and google.com.cn.

http://english.peopledaily.com.cn/20...22_210189.html

But the good thing in china is that most things can be settled amicably using some money - the complainant is happy, and the judge who definitely gets a cut, is happy also. But if google wants to fight for its trademark, maybe the proceedings can take another 5 years.

If Google, a top american company with all the lobbying, international news publicity behind, and unlimited legal monies can't take back its trademark legally....

jacksonm · #56 12-24-2007, 09:34 AM

Quote:

Originally Posted by Ryu

Do you want to know how Japanese people will perceive foreign domainers?

Nice, they will view us as playing an integral and important role in the ecosystem

If the Japanese view foreign domainers as garbage collectors, then it means that they didn't want those domains anyway. That's great news for us garbage collectors.

.

Rubber Duck · #57 12-24-2007, 10:00 AM

Quote:

Originally Posted by touchring

Even for dot com, generics are not totally safe. The only criteria are these 3, generic or not doesn't matter:

But for generic, if there's no bad faith, 3 cannot be proven and the complainant is denied.

Of cos, 3 can be proven if you park the name! Say supposing you registered apple.com, parked it, complainant does a screen capture and ipod ads appears, astalavista!

Of cos, there are cases whereby pple hire lawyers to argue their way out, e.g. adam dicker's elephant.com, but these are unique cases whereby his lawyer prepared 3000 pages legal notes. The panel does not want to waste time reading, so the respondent wins.

For cctld, i suspect that 1 and 2 is sufficient.

I think it has to be a bit more than that. The reason an iPod would normally appear is that the scum bag with the generic would then deliberately infringe the TM by using Keyword that call it up. If Apple themselves pay for Apple as a keyword and then pull up the iPod then that is there problem, as it is also if there is confusion of what is a genericised domain name. Bad Faith means exactly what it says on the tin. You can always go over the heads of UDRP panel to the courts to get justice if you have a case and the resources.

The main difference between dot com and dot JP is jurisdiction.

Quote:

Originally Posted by burnsinternet

So-o-o.... Is there a danger to idn.CN?

You bet your ass!