MarkTime wrote:
> My brother is in the internet business, and offered
> to buy a domain for $5000, a domain that had his
> companies trademark.
> This was a few years ago, the kid who owned it,
> actually had the gumption to hold out for more
> money. After a year or two of negotiations, which
> they dutifully entertained...finally they decided he
> wasn't really ever going to be realistic. They
> brought in the lawyers and just took the domain,
> and paid him nothing.
What were the lawyers for? AFAIK you cannot sue for domain names, and ICANN is legally responsible for name disputes.
> It is a fact, that you cannot hold someone's
> trademark.
A domain name is an address, not a trademark. I could live on "13 Cocacola Road" and not be legally in breach of a trademark.
> There isn't a lot of legal wiggling that can go on
> here...Amiga is spanish word for girlfriend, but as
> amusing as it would be, for people to suggest this
> site is really a collection of girlfriends having
> discussions...lmao...dang that is funny...it just isn't
> reality. Amiga in this case, stands for the Amiga
> computer, the trademark is owned by Amiga Inc.
Amiga.ORG is in the ORG TLD, which is not reserved for business, in fact, if you look at the charter for the ORG top-level domain, it was specifically NOT meant for businesses.
let's not forget that Amiga.org was called Amiga.org long before Amiga Inc was a company. How can this be? how can Amiga Inc use the name then? because an address isn't a trademark.
it's kind of moot, they own Amiga.COM. you are not entitled to every Top level Domain containing your trademark in the title. Not legally, and not according to ICANN rules.
> With that said, I think Amiga, Inc. should offer to
> PAY for amiga.org, if they really want the name.
They have the name, as a .COM. The .ORG is unavailable, as it was taken before Amiga inc existed. You cant just start a company, then go out and commandeer preexisting websites. If that were so, I'm going to start a company called and take their name from them.
Why don't they want AMIGA.NET as well, they don't own that either? Oh yea, that wouldn't satisfy their grudge.
> They should realize amiga.org could continue
> easily under a different name.
So can any site. Does that mean Amiga.COM should be given up to one of the other companies named "Amiga"? like the Amiga hotel, etc?
This domain name bickering that happens all over the net is annoying. Addresses are not trademarks... If they were, then Wayne would own the Amiga trademark having had it first.
Oh, and my brother in law would own the trademark PowerAmiga since he owns that .com domain :-P Addresses arn't trademarks.
