Hi Guys
I've been notified of several intellectual-property-claim conflicts for some of the generic .biz domains I've preregistered. They're all generic, like words in a dictionary. One of these is monkey.biz, which I preregistered just because it's a fun name. I haven't filed any intellectual property claims because I don't own any trade marks. Nor have I put these names (like "monkey") to any prior use. As these domain names are generic, I had hoped of standing a statistical chance of winning them. NB: Although they have filed an IP claim, my rival registrants haven't officially registered the names. It says, "not applicable," which must be because the names are generic. They claim to have established prior use, however.
My question to you is if I should give up trying to register these domain names, because I don't stand a chance of winning them anyway, or if I should proceed with the registration and risk a lawsuit. I very much hesitate to do the latter. However, one should never be intimidated when it comes to domain names.
Thanks
Cheers
Anders

Originally posted by cybahomie
Hi Guys
My question to you is if I should give up trying to register these domain names, because I don't stand a chance of winning them anyway, or if I should proceed with the registration and risk a law suit. I very much hesitate to do the latter. However, one should never be intimidated when it comes to domain names.

Ask yourself this question: Is it worth it?

Is it worth going through all the trouble for this domain name? Is the domain name really important to you?

Don't put unnecessary and unneeded stress upon yourself over a domain name...

Thanks for your reply. If it's worth it or not, I can't say, cause I'm not sure what will happen next. I am surprised that I have been given this option in the first place. It really would be more reasonable to fight out the battle only between those who have filed IP claims. I'm just a $5-happy-go-lucky dude! Maybe some rival domain owners have entered phoney info? I don't know. Some have entered "warning lawsuit!" which I think is a little uncalled for. There has been a lot of criticism of Neulevel and ICANN ever since the registration process started, which is why I don't automatically back down. Monkey.biz worth it? Hell yeah!
Cheers
Anders

Originally posted by cybahomie
Thanks for your reply. If it's worth it or not, I can't say, cause I'm not sure what will happen next. I am surprised that I have been given this option in the first place. It really would be more reasonable to fight out the battle only between those who have filed IP claims. I'm just a $5-happy-go-lucky dude! Maybe some rival domain owners have entered phoney info? I don't know. Some have entered "warning lawsuit!" which I think is a little uncalled for. There has been a lot of criticism of Neulevel and ICANN ever since the registration process started, which is why I don't automatically back down. Monkey.biz worth it? Hell yeah!
Cheers
Anders

Monkey.biz? Nice. Yeah, I'd say that domain name is worth it...

Originally posted by cybahomie
Hi Guys
I've been notified of several intellectual-property-claim conflicts for some of the generic .biz domains I've preregistered.

Anders, sounds like a whole buch of bullfrog to me. Go gettum cowboy! :D

Hi Chicken
Thanks very much for your advice. Let me show you what they look like, these emails I've received. I continue using monkey.biz as an example. This email is even among the shorter ones, as it has only two rival claimants - others have more than seventeen! (I hope I have removed all sensitive details, indicated in square brackets.)
Best regards
Anders

monkey.biz

According to our records you have applied for the above listed .BIZ
domain name. The purpose of this E-mail is to formally notify you that
the domain name for which you applied matches one or more Intellectual
Property (IP) Claims that were received by the .BIZ Registry. In other
words, one or more intellectual property owners believe that they have
intellectual property rights in the domain name for which you have
applied. You should be aware that if you choose to continue the application
process, your domain name registration may be challenged under several
Internet Corporation for Assigned Names and Numbers (ICANN)-approved
dispute resolution mechanisms, including the Start-up Trademark
Opposition Policy (STOP) http://www.neulevel.BIZ/countdown/stop.html and the
Uniform Dispute Resolution Policy (UDRP)
http://www.icann.org/udrp/udrp.htm.

IN ORDER TO COMPLETE THE APPLICATION PROCESS, YOU MUST GO TO
<url removed bye me, Anders>
IN ORDER TO INDICATE YOUR INTENT TO EITHER "PROCEED" WITH OR "CANCEL"
YOUR REGISTRATION REQUEST. NOTE THAT PROCEEDING WITH YOUR REGISTRATION
REQUEST IN NO WAY GUARANTEES THAT YOUR APPLICATION WILL BE SELECTED FOR
REGISTRATION BY THE .BIZ REGISTRY. LOG INTO THE SITE WITH THE USERID
ASSIGNED TO YOU BY YOUR REGISTRAR AND THE FOLLOWING PASSWORD: <removed>

Listed below is the following IP Claim information:

a. The Intellectual Property Claimant's contact details
b. Exact trademark or service mark ("trademark") in which the IP
Claimant is basing its claim. NOTE: If the Exact Trademark contains any
non-alphanumeric characters, other than a hyphen, the exact trademark
may be displayed below with the non-alphanumeric characters removed.
For example, if the exact trademark is NeuLevel, Inc., then it is
possible that only "neulevelinc" (without the "comma", "space" or "period")
will be displayed
c. The .BIZ Claim String and its associated identification number
d. A description of the goods and/or services alleged to be used in
connection with the trademark
e. The date in which the trademark or service mark was either first
used in connection with the associated goods and/or services or
alternatively in which an "intent to use" trademark application was filed
f. The country where the goods and/or services were alleged to have
been first used
g. Whether the trademark is "Registered" or has been "Applied For" in
any national trademark office or whether the IP Clamant is alleging IP
rights to the trademark based on common law or usage rights
h. If the trademark has either been "Applied For" or "Registered", the
date in which the application was filed or the date the registration
was issued
i. If the trademark has either been "Applied For" or "Registered", or
if the IP Claimant voluntarily provided such information, the
International Class in which the goods and/or services are alleged to be used.

Note: NeuLevel, Inc., the Registry Operator for .BIZ, has collected
this information directly from the IP Claimant(s) through its IP Claim
Service or through an ICANN-Accredited Registrar. Such information is
provided to you by NeuLevel for information purposes only, that is, to
assist you in deciding whether or not to proceed with the .BIZ domain
name application process. NeuLevel is providing this information "AS IS"
and has not validated or verified any of the data below. Therefore, it
cannot guarantee its accuracy or completeness. After reviewing the
information below, you may wish to consult with your intellectual
property attorney or advisor on whether or not to proceed with the
registration process.

The following are the details of each IP Claim for monkey.biz.

1a. Intellectual Property Claimant's Contact Information

<contact details removed>

1b. Trademark or Service Mark: Monkey
1c. IP Claim String and Identification Number: monkey.biz <Number removed>
1d. Description of Goods and/or Services: We own the cTLD "Monkey" in
32 countries around the world such as: monkey.<removed>
<removed> etc. We own the "Monkey" trademark in <removed> in class 9. We own
"Monkey" companies in <removed>.
1e. Alleged Date of First Use: 2000-02-01 00:00:00.
1f. Country of First Use: <removed>.
1g. Trademark Status: Common Law
1h. Date "Registered" or "Applied For": Not Applicable
1i. International Class: Not Applicable

For more information on this intellectual property claim, please
contact:

<contact details removed>

2a. Intellectual Property Claimant's Contact Information

<contact details removed>

2b. Trademark or Service Mark: monkey
2c. IP Claim String and Identification Number: monkey.biz <number removed>
2d. Description of Goods and/or Services:
2e. Alleged Date of First Use: 2001-05-22 00:00:00.
2f. Country of First Use: <removed>.
2g. Trademark Status: Common Law
2h. Date "Registered" or "Applied For": Not Applicable
2i. International Class: Not Applicable

For more information on this intellectual property claim, please
contact:

<contact details removed>

AS A REMINDER, IN ORDER TO COMPLETE THE APPLICATION PROCESS, YOU MUST
GO TO
<url removed>
IN ORDER TO INDICATE YOUR INTENT TO EITHER "PROCEED" OR "CANCEL" YOUR
REGISTRATION REQUEST. NOTE THAT PROCEEDING WITH YOUR REGISTRATION
REQUEST IN NO WAY GUARANTEES THAT YOUR APPLICATION WILL BE SELECTED FOR
REGISTRATION BY THE .BIZ REGISTRY. LOG INTO THE SITE WITH THE USERID
ASSIGNED TO YOU BY YOUR REGISTRAR AND THE FOLLOWING PASSWORD: <removed>

As a service to the international Internet community and businesses
around the world, NeuLevel, Inc., the Registry Operator for .BIZ, is
providing this notification to you in English and in the preferred language
that you specified if other than English. NeuLevel is providing this
foreign translation service "AS IS" and has not validated or verified the
accuracy or completeness of such translation. Therefore, in the event
of any dispute arising out of this notification, the "English" version
shall control.

Registry for .BIZ

Aloha

do remember just cause they filled it out does not meant they actually have a real claim to the domain you are trying to get.
it just means they paid the money to try to secure it.
now most people are not going to lay down $100 just to ecure something they are not willing to try to fight for ?
so you have a chance cant hurt to much to try off the returns ya might get from the site

SOrry, but is the writer of the English language still alive, because I think he is going to hve to be the one charging you with IP claims. Gosh, I hope there aren't any trademarks on "Wonderful"

<added>

Besides, if you win or lose, take it to the media, they'll eat it up.

</added>

From what you posted it seems someone (more than one person) wants it and figured out that if they submit a challenge, many people will freak out and drop their request for the domain, increasing their chance to get it.

I meant, 17 people all think they have 'rights' to the domain? As I said, sounds like a buch of bullfrog and I'd personally click continue. I will mention however it seems as though if you were selected for the domain, you'd have to hire a lawyer and have some fun defending your 'right' to own it.

I've not been someone who has thought that the answer to the claimed 'shortage' of domains, is to create additional extensions. This works out great for domain registrars who stand to make tons of cash on people fighting for and registering their existing domains. Trademark lawyers will also do pretty well in these deals, but the common schmuck will just have aggravation.

If the jillions of foreign extensions didn't solve the 'domain shortage problem' (of which there isn't one) then I'm no so certain what makes anyone think that having some more extensions is the way to solve everything.

These 'Internet Corporation for Assigned Names and Numbers (ICANN)-approved dispute resolution mechanisms' will be inundated with complaints as every domain worth having will most likely be challenged and tied up in legal schmegal bullfrog. The only thing I wonder are the next dismal steps everyone will take to solve the 'shortage of domains' problem.

:rolleyes:

Originally posted by Chicken
I meant, 17 people all think they have 'rights' to the domain? As I said, sounds like a buch of bullfrog and I'd personally click continue.
That's right, there are 19 claimants for show.biz. But you know, more people can legitimately own the same trademark as long as they're in different types of business.

In the space where you enter your "Description of Goods and/or Services," someone has put this ugly-looking thing (concerns a third domain name): "WARNING! LAWSUIT #<number removed> IN THE U.S. DISTRICT COURT WAS FILED TO RESTRICT THE TRANFER OF THIS DOMAIN. YOU WILL BE A DEFENDANT UPON REGISTERING THIS DOMAIN. We've 100% win ratio, $100K+ each. Registerd in State & U.S. Patent & Trademark Offices.

I have written my registrar, as well as nameprotect.com and icannwatch.org to hear what they suggest. I doubt if they will have time to answer me personally. But I would expect that some general advice on this issue must appear soon somewhere.

Best regards
Anders

My registrar comes back with this reply:

There are actually many lawsuits going on against .biz and the.info Registry because many believe you can not claim an IP on a generic name. My suggestion is to wait it out and see if you have a chance.

Originally posted by cybahomie
WARNING! LAWSUIT #<number removed> IN THE U.S. DISTRICT COURT WAS FILED TO RESTRICT THE TRANFER OF THIS DOMAIN. YOU WILL BE A DEFENDANT UPON REGISTERING THIS DOMAIN. We've 100% win ratio, $100K+ each. Registerd in State & U.S. Patent & Trademark Offices.

This is an obvious scare tactic, pathetic, just pathetic.

Nice domain, i would only fight for it if i really needed it. Example: designed a 20+ page website with Monkey.biz writen all over it. But else, you should just wait and see what happens. But befware, look what yahoo did to that guy...

Fight on cybahomie. It's a great name. No wonder others want it.

:eek:

monkey.biz ??? whats the point?

monkey business - guess you've never heard the phrase.

Ooops how silly of me. I was thinking preregistring .biz can lead to a lot of troubles. Sensitive domains could result in huge lawsuits. Just my toughts.

how can someone(s:rolleyes:) trademark a word? It's like trademarking the dictionary. If every word was TM'd you would post messages like this:

how™ can™ someone™(s:rolleyes: ) trademark™ a™ word™? It™'s like™ trademarking™ the™ dictionary™.

geez™!

Hi Guys! :wavey:
Thank you so much for your encouraging comments! I have now decided to proceed with my monkey business. I'll let you know what happens. (But that could take a month or so.)
Best regards
Anders

Good luck. Hope u get ur domain ;)