Comments on: Now That The Rays Are Winning, Pepsi Wants Tropicanafield.com?: Why Doesn’t Laches Apply To This One

By: Dave Zan

Dave Zan — Fri, 27 Mar 2009 23:49:38 +0000

Sigh: http://domains.adrforum.com/domains/decisions/1235498.htm

By: VirtualSex.com WIPO Action Rejected Despite Trademark: This Is A Good Decision | The domain industry's news source

Thu, 26 Mar 2009 04:30:24 +0000

[...] timely act to protect their mark should be barred from claiming it at a much later date. We have blogged about the legal theory of latches before, and how it should apply to claims for [...]

By: Pepsi Belatedly Wants TropicanaField.com | Domain Spats & Disputes

Pepsi Belatedly Wants TropicanaField.com | Domain Spats & Disputes — Wed, 05 Nov 2008 23:38:00 +0000

[...] Pepsi snoozed while Chris Dunne was hard at work building a useful and informative web site. Read more about this case at thedomains.com. [...]

By: Tammy

Tammy — Wed, 22 Oct 2008 18:18:24 +0000

OK your right. Thank You for the help.
MHB and Ken

By: Tammy

Tammy — Wed, 22 Oct 2008 18:16:24 +0000

The first deadline is today to turn over the domain. We were told that this letter that we got from them doesnt mean very much. Lawyers have been giving so much different advice as far a this letter. I don’t want to be in hot water and the deadline is today.
That’s why this phone call is important.

By: MHB

MHB — Wed, 22 Oct 2008 18:15:21 +0000

Tammy

Your way out of your league here.

No attorney is going to take this case and be paid on the basis of you selling the domain.

If you call Pepsi and tell them you want them to buy it your going to get sued for sure and your offer to sell will be used against you.

It’s so damn complicated and expensive because it’s the US legal system and that’s the way it is.

I would take Ken’s advice and consult with a good trademark attorney before taking any action with Pepsi or their counsel

By: Tammy

Tammy — Wed, 22 Oct 2008 18:00:34 +0000

Basicially I would like to call Janet and ask her if we can sell the domain name to Pepsi come to an agreement and be done with it. I don’t want Chris hiring a lawyer for such a simple question for them. If they were to say no then OK I will find a lawyer who wants to take the case and get paid if the lawyer ends up getting them to buy it. So with such a simple question for them why does it have to be so dam complicated and expensive. By the way my daughter is sick I have not worked for weeks She has Chrones Disease and has been in the hospital for weeks. I have not gone to work because I work 10 to 12 hour shifts and I cant not see her while sick and in the hospital. Before we did not have insurance that is why he started using to site because without my income things are very tough. So he knows how I feel about leaving her home or in the hospital without me, so he was supportive about me not working, thats why he started building this site. For the money from the advertising Plain and simple. Bills still have to get paid. Would it be great if Pepsi would buy it Of Coarse, So again should I put a call into Janet and stick to the basic question and leave it there? If we have to give it up then so be it. But what makes me so mad is that we have contacted them a couple of times asking if they wanted this site and they said no.

By: Ken

Ken — Wed, 22 Oct 2008 17:23:54 +0000

First, anything posted here is non-legal advice. It’s always best to seek the advice of a lawyer. Even then, don’t be manipulated; use common sense and humility. Lawyers always want you to fight.

The domain is registered under Chris’ individual name. Are you claiming ownership as an individual or a business?

You can represent yourself pro se with the UDRP and Federal court as an individual. If you are operating as a business, Federal court requires that you have legal counsel; unless you were a lawyer yourself at which point you could represent yourself in Federal court.

/ “So, bottom line, should we contact Pepsi’s Lawyer and ask for a meeting.” Tammy /

Absolutely …. BUT, I would NOT speak with any companies lawyers without having your own representation. That’s a big no no. They would take advantage of your position. Seek representation to at least negotiate a settlement. But don’t allow your counsel to start battles with the other side; which they’re always inclined to do. Realize what your position is; its weaknesses and strengths. In this case Pepsico has the upper hand and they can beat you with trademark rights and monetarily.

/ “I just want to see what they want to do first.” Tammy /

You already know what they want to do. It’s not smart to play games here or “point fingers”. Pepsico wants the domain name. That’s it. Anything else is just a side show. What you want is to avoid a UDRP decision and/or Federal court.

/ “If we don’t contact them What would there next step be? Pepsi” Tammy /

Pepsico will either file with the UDRP or Federal court. Either way you are looking at expenses here. The only way to avoid substantial costs (hopefully) would be to simply comply with their demand and hand over the domain name per their instructions.

I know it sounds crass to just give in to an entity with more power and money. I know. But, you fight the good fights and end those that aren’t worth the heartache, headache, or the money.

Hopefully, as amicably and equitably as possible for both sides.

By: MHB

MHB — Wed, 22 Oct 2008 17:14:14 +0000

If you don’t contact them they will wind up filing suit.

What do you hope to get from this?

You are not going to talk them into letting you use the domain. The only chance your going to have to keep the domain is though a legal determination which is going to cost.

By: Tammy

Tammy — Wed, 22 Oct 2008 16:46:32 +0000

So, bottom line, should we contact Pepsi’s Lawyer and ask for a meeting. I don’t want to get a lawyer yet, I just want to see what they want to do first. Is this the smart thing to do??? If we don’t contact them What would there next step be? Pepsi