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TheDomains.com

Meatloaf Files Suit Over Meatloaf.org Under ACPA & Asks For Domain + $100K

July 4, 2012 by Michael Berkens

According to TMZ, the pop singer Meatloaf, whose real name is Michael Aday, filed suit against a “Dean Torkington in L.A. County Superior Court, claiming Torkington registered MeatLoaf.org in “bad faith,” and has since exploited the domain name to mislead and confuse Meat Loaf fans into thinking he’s the real singer.”

“Torkington uses the website to promote his act — called “To Hell and Back: A Tribute to Meat Loaf.”

“Meat Loaf claims Torkington — who’s based in the UK — has no right to own or use the domain name, and is currently breaking the law by cybersquatting … in violation of the Anticybersquatting Consumer Protection Act.”

“Meat Loaf wants Torkington to shut down his website and hand over the domain”,  and the $100,000 statutory damages as provided by the ACPA.

 

Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. Acro says

    July 4, 2012 at 4:11 pm

    Meanwhile, the dot com is safe, due to its delicious parking page 😀

  2. Alan says

    July 4, 2012 at 4:12 pm

    I have no sympathy for Mr. Torkington, if he is stupid enough to exploit a celebrity like he
    has he deserves what he has coming.

  3. L says

    July 4, 2012 at 4:51 pm

    Sounds like a case of a pig-headed TM infringer.

    Oh well. This is the cost of ignoring all those C&Ds.

  4. dean torkington says

    July 4, 2012 at 5:10 pm

    HE HAS OFFERED TO BUY IT! BUT ITS NOT FOR SALE, I HAVE A GOOD LAWYER , HE HAS ALLOWED ME TO KEEP IT 12 YEARS , IN DOING SO HE HAS AQUISHED! MEANING YOU CANT COMPLAIN AFTER KNOWING ABOUT THE EVENT FOR ALL THESE YEARS

  5. Michael H. Berkens says

    July 4, 2012 at 5:29 pm

    L

    1st of all you may not get a C & D.

    We have talked about it for years and warned people that you don’t always get a chance to give you the domain 1st.

    Most times you do, but on occasion the first you hear about a dispute is when a UDRP lands in your email or a process server lands on your door.

  6. Michael H. Berkens says

    July 4, 2012 at 5:30 pm

    Dean

    How much did he offer you $50, $100, $1,000 or more?

    Did you quote a price to him?

  7. Cartoonz says

    July 4, 2012 at 5:37 pm

    umm… exactly how does the L.A. Superior Court supposed to have jurisdiction on this?

    The Registrant is in the UK and the Registrar is in Germany….

  8. Paul Keating says

    July 4, 2012 at 5:42 pm

    Dean. Just because he said yes before does not mean he says yes forever. I hope you do have a good domain attorney. If not call me. He needs a US trademark to prevail. (have not checked). Also, 9th circuit has said bad faith s measured from date of ORIGINAL registration and not when YOU got the domain. . paul@law.es.

  9. dean torkington says

    July 4, 2012 at 5:42 pm

    he offered me 2000 dollars!!! can stick it! he told me years ago he wanted it but never came for it, about 7 yrs ago!

  10. Paul Keating says

    July 4, 2012 at 5:43 pm

    Dean, I am offering to help not to defend you. I am not looking for clients.

  11. dean torkington says

    July 4, 2012 at 5:47 pm

    i have a lawyer dealing with this, im in good company he was suing his friend jim steinman for 25 million dollars over the right to call an album bat out of hell 3

  12. Aussie says

    July 4, 2012 at 6:17 pm

    All the best Dean. Meatloaf ruined the Australian Rules Football Grand Final, and I will never forget that. Don’t give that man anything, Cheers

  13. UDRPtalk says

    July 4, 2012 at 6:25 pm

    @Paul – RE: 9th Circuit – Is it still good faith if the domain fully deleted (Pending Delete) before it was reregistered? Can that scenario still be a safe-harbor?

  14. Josh says

    July 4, 2012 at 6:34 pm

    After his appearence on the apprentice you’d think you’d want to change acts lol

  15. Speculated says

    July 4, 2012 at 7:11 pm

    LOL ……domainerlawyer/com is still for sale

    I have always prefered stew in preference to meatloaf!

  16. Smurf says

    July 4, 2012 at 7:11 pm

    Dean Torkington is a mild mannered man who can get a little excited to say the least when upset. Mr Aday knew about Dean’s tribute act for years. Invited him back stage when ontour..knew about the website years ago and now suddenly he wants the domaine…why?

    Mr. Aday you should be ashamed of yourself. Look at the site.. You should be honoured that this man keeps your fan base going here in the UK. People had forgotten about you until they attended a tribute gig performed by Mr T. I know of several 16 year olds recently who went out to buy your music after hearing Mr. Torkington.

    Could it be that you have heard of Mr. Dean Torkington touring with the National Symphony Orchestra?

  17. bnalponstog says

    July 4, 2012 at 8:24 pm

    I could swear Meatloaf stopped being relevant about six and a half months following his first album.

  18. Domainer Extraordinaire says

    July 4, 2012 at 9:57 pm

    $2K for meatloaf.org is not bad. I’d take that and some signed musical instrument and call it a day.

  19. L says

    July 4, 2012 at 10:07 pm

    @ Berkens

    I know that. It was a lighthearted barb at an otherwise blatant example of TM infringing.

    I know of a few product oriented forums with huge user bases- founded in the early cowboy days of domain registrations- that were ultimately forced to acquiesce to HUGELY favorable advertising deals or face an uphill suit because they didn’t understand the basics of TMs when they registered back in the 1990’s.

    Anyway, I’m off to play in my ‘tribute band’ . We call ourselves The Apples. We dress in turtlenecks like Steve Jobs and play iPhone instruments. (<– anyone is welcome to steal that concept)

  20. fizz says

    July 5, 2012 at 12:23 am

    @Dean Torkington – I think the word is acquiesced.

    @Aussie – your comment piqued my interest about his Aussie Rules performance – which I wasn’t aware of – and in one article Meatloaf labelled his critics as “butt smellers” LOL

    http://www.couriermail.com.au/entertainment-old/confidential/meat-loaf-rips-into-afl-jerks-over-grand-final-performance/story-e6freq7o-1226174054027

  21. David Carter says

    July 5, 2012 at 6:01 am

    Any tribute acts should come to tributeact.com – especially if they are in the UK.

    My son will be taking over this site soon (along with some others) and hopes to attract a lot of good quality tributes.

  22. Smurf says

    July 5, 2012 at 6:17 am

    The trouble is here in the UK Tibute Acts are considered bad taste…however, if one listened carefully it is quite obvious many are on par with the celebrity they tribute. Sometimes and I reiterate ‘sometimes’ the tributes are able to do a better job vocally on some tracks live.

    Mr. Carter, I wish your son every success in his quest to bring recognition to these tribute acts which is long overdue.

  23. Paul Keating says

    July 5, 2012 at 7:27 am

    UDRPtalk. The answer is no. The 9th Cir. decision was largely based on the notion that the transfer of the domain from 1 owner to another meant a transfer and not a registration occurred. Thus, the “registration” under the ACPA was considered to have taken place only by the original registrant. In the case of a deleted domain, IF it went through the actual deletion process then no. The tougher case is what typically occurs with registrars taking or selling the domain somewhere between expiration and deletion.

  24. BrianWick says

    July 6, 2012 at 9:32 am

    Only defense in Laches.
    MeatLoaf is a MeatHead for not doing something earlier
    -something stinks – rotten meatloaf.

  25. Smurf says

    July 6, 2012 at 10:12 am

    The original registerant was MR.Torkington .. Mr. Aday registered
    http://www.Meatloaf.org.uk in 2009/2010
    Currently being used as a wrestling webite – perplexing but there you have it.

    He WANTS the domaine obmitting the UK element considered too restricting possibly for merchandising – who know with Mr. Aday.

    Also, you can’t check out the owner of the owner of the domaine mentioned – conveniently they have frozen the domaines with anything named ‘meatloaf’. ummmmm

  26. Tinydancer says

    July 6, 2012 at 10:14 am

    The original registerant was MR.Torkington .. Mr. Aday registered
    http://www.Meatloaf.org.uk in 2009/2010
    Currently being used as a wrestling webite – perplexing but there you have it.

    He WANTS the domaine obmitting the UK element considered too restricting possibly for merchandising – who know with Mr. Aday.

    Also, you can’t check out the owner of the owner of the domaine mentioned – conveniently they have frozen the domaines with anything named ‘meatloaf’. ummmmm


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