There was a post recently on Namepros that a member was not sure what to do about a demand for a domain name they owned. Some of the comments felt the person should keep the domain, and at the end of the day it’s only a UDRP.
I posted in the thread that the first rule of domaining is to not take legal advice from domain investors with no background in law.
The other thing I mentioned was the tm holder does not have to go the UDRP route, they can make it more costly and more problematic.
Mike just uncovered one such case on TulsaWorld.com. Now to be fair this case probably had to go to court as the defendant spoofed emails and was placing orders according to the trademark holder.
From the article:
WPX Energy is suing an unknown individual for trademark infringement and related fraud.
The Tulsa-based petroleum and natural gas exploration company filed the lawsuit Tuesday in U.S. District Court for the Northern District of Oklahoma. The lawsuit alleges that a currently unknown defendant John Doe has violated WPX Energy’s registered trademarks and other intellectual property by creating a domain name that mimics the WPX domain name.
The article goes on to mention that Go Daddy is also being sued by WPX Energy.
WPX’s request for a temporary restraining was filed Wednesday. It states that neither GoDaddy.com, nor Domains By Proxy LLC, would provide the identity of John Doe but that WPX Energy intended to immediately issue a subpoena to Domains By Proxy LLC to ascertain the true identity of the defendant.
Read the full story here