I believe it is held that a domain HAS no value beyond the $70 registration
fee (NSI) but for it's utility and what it suggests. Is "xyzootoomuch.com"
worth anything? No way! Something like the generic surf.com, however, has
utility value and suggests surfing. A domain like Citibank.com has no utility
or suggestive value but for that created by Citibank.
When the only arguable reason that a domain has value is due to a trademark --
JohnnyHazard.com has no apparent utility -- then the trademark holder will
argue that THEY created and own the value. The registrant will be painted as a
cyber-squatting. As a practical matter why fight this? There's really two
positions here:
(a) You pal, "Johnny Hazard," is really using it in a "legitimate,"
non-commercial manner, i.e., fan club, protest site, non-competing, etc.
(b) Johnny Hazard is really a cover story for a guy who hopes to do a little
value extraction.
You pal know which position he's in. Once money is discussed -- or demanded --
the lines are blurred. Sure everything has a price, but the that's not even
the question: The domain is perceived by the trademark holder as "stolen."
Negotiations tend to prove their point. It's nothing to rack up $5,000-
$40,000 in legal defense fees. I know I've got better things to do! Good
luck.
Best, Loren
Kevin <cog@iwz.com> wrote:
I'm just curious about this. If the guy agrees to accept money for
it, can't the company then use that as evidence to show he's a
squatter? Up until that point he could say he wasnt using it
commercially whatever, but when he agrees to take money for it, and a
nice sum of money at that, does it change?
-- Kevin <cog@iwz.com>--
>> > Johnny Hazard. At some point he registered >> > the corresponding domain >> > name. Well, he just got a letter from Hearst >> > corporation who apparently >> > think they should own it for some reason.
> I want to make up a nickname for myself too, but I can't decide between > "Batman", "Mighty Mouse" or "Wile E. Coyote, Super Genius". :)
> Johhny Hazard was a (US) comic book character from the 1940's and 1950's, by > Frank Robbins. Hearst is a publishing company, who probably now owns the > rights to the books and character.
> Check with a lawyer to see for sure, but your friend is probably screwed. > That's what you get for being Johnny Hazard.
> - Colin
This archive was generated by hypermail 2.1.3 : Tue Oct 19 2004 - 23:36:24 EDT