jack111
2005-01-05, 08:45 PM
剛剛翻了下關於域名爭議的文章,看了好久= =.. 建議把這一類的綜合在一起置頂,感覺也非常有用...這樣從註冊到保護到售出需要注意的都直接可以看到就很方便了
看完以後大致有了些觀念
像帶有snoopyshop,xxxnba,cnnxxx,xxxdell,xxebay這樣關鍵詞
的域名
1.一定要建個頁把域名用掉 ,不要空著(最好有留言板之類的有點內容，)
2.不放和關鍵詞網站產生誤會的,相似的頁面
3.並聲明與該站不同(可選可不選 不確定這樣是好還是不好,雖然還可以間接說明本站名字和某某一樣知名 一石雙鳥)
4.出售的話也用委婉的方式就暗示說 對網站感興趣請聯繫xxx就好了
5.用縮寫單詞曲解原來的意思
因此總結了一個主頁格式大家幫忙看一下謝謝.. 讓它更完善吧...
以下為wedell.com的首頁格式(假設)
---------------------------------------------------------------------
IMPORTANT NOTICE: WE ARE NOT DELL.com
If you are looking for DELL, please visit their website at http://www.DELL.com
WEDELL.com has NO AFFILIATION with DELL.
To inquire about the status
of this domain name please email for details.
頁中間放些個人的內容 無關dell的內容和圖片,做一些實用連接
找個免費留言板 or bbs
最後
Last Update: 2005/1/1。Copyright (C) 2004 WEDELL.com. All Rights Reserved.
URL- http://www.wedell.com
e-mail: [email protected]
icq :xx
--------------------------------------------------------------------------
有關爭議的文
etech
http://www.domain.club.tw/viewtopic.php?t=3605&highlight=%AA%A7%C4%B3
104office的這仲裁
http://www.domain.club.tw/viewtopic.php?t=5573&highlight=%AA%A7%C4%B3
doorla帖子
http://www.domain.club.tw/viewtopic.php?t=4678&highlight=%AA%A7%C4%B3
taipei101 感興趣的可以搜索101可以學到很多知識
http://www.domain.club.tw/viewtopic.php?t=3508&highlight=101
這是ctv.com.tw的域名爭議判例......如果.........
http://domain.club.tw/viewtopic.php?t=6663
發完後找不到文了 才發現被置頂了 ~embarass:
英文相關資料站點
http://paypalsucks.com/domain-name-disputes.shtml
像名字裡含有paypal就會被paypal注意一樣 一般會收到類似下面的信,最好不要輕易回信, ~coolguy 上面的地址就此提了很多有意義的建議 更多的還是去上面看吧裡面還有其他類似站點的
When you register the domain, put up a site immediately. The more you put into the site, the better your case is to defend it. A page of links is a start, but don't depend on it. You should have more. Forums and guestbooks are required in my opinion. You need to be able to let others have their say too. Thus, not only does the domain in question allow you your freedom of speech, but it also facilitates that right in everyone, and that pretty much guarantees a First Amendment defense success.
Always state your gripes directly and without a lot of emotion. Eliminate the cursing and vulgarity if you want to be taken seriously. Don't put up a naked picture of a person with the CEO's head superimposed on it. Very bad form.
Read the sites listed above. There are a lot of laws in your favor. In fact, the only sites I'm aware of that have been taken down are those that didn't respond to the WIPO complaint or threat letters from the lawyers, and those that simply redirected the domain to a porn site.
Paypal的email
June 2002 - PayPal's attorneys send threat email!
Quote:
We are intellectual property counsel to PayPal, Inc. of Palo Alto, California. As you are well aware, PayPal provides financial services under the PAYPAL name and service mark and owns and operates the website at . Our client's name, service mark and website are among its most valuable assets.
We have recently been made aware of your operation of two websites, and , that infringe our client's service mark rights in the PAYPAL mark. Printouts of your websites are attached to the confirmation copy of this letter. We further understand that these websites provide a forum to criticize PayPal, Inc. Our client respects your right to do so--provided your websites do not contain any false, disparaging or defamatory statements. We must remind you that any such statements contained on your websites are actionable and can subject you to liability.
Regardless of your purported mission, your use of our client's PAYPAL mark in connection with the operation of websites and in domain names constitutes trademark infringement. Quite simply, use of the PAYPAL mark in a commercial manner is not protected free speech. It is quite evident from your websites that you are profiting off of the PAYPAL mark by selling banner advertisements, offering competing financial services, and using your site to attract PayPal's customers for your own commercial gain. For such infringement, you can be held liable for monetary damages (tripled), an injunction and our client's attorneys' fees.
On behalf of our client, we must insist that you immediately cease all further use of the PAYPAL mark and transfer the domain names to our client. We further demand that you provide an accounting of the profits that you have received in connection with your operation of these websites.
Your swift and full cooperation would enable us to resolve this matter quickly and on an amicable basis. Please contact me as soon as possible, and no later than June 7, 2002, so that we may facilitate a prompt resolution of this matter.
Very truly yours,
Anthony J. Malutta
TOWNSEND and TOWNSEND and CREW LLP
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111-3834
Tel: 415.576.0200
Fax: 415.576.0300
ebay式email
http://www.paypalsucks.com/forums/showthread.php?fid=16&tid=6498&old_block=30
> We are writing concerning your registration of ebaywhores.com which
> contains the famous eBay trademark.
>
> As you undoubtedly know, eBay is the leading provider of online
> person-to-person trading services and related goods and services. eBay
> adopted the name and trademark eBay in September 1995 and, since that
> time, eBay has actively used the eBay name and trademark in connection
> with its online trading and related services, including maintaining the
> web site www.eBay.com. The coined term eBay is one of the most famous
> trademarks on the Internet. eBay owns exclusive trademark rights to the
> eBay name in the United States and internationally, including related
> common law rights. Accordingly, eBay enjoys broad trademark rights in its
> name.
>
> eBay has made a substantial investment in developing and providing its
> services. As a result of eBay's pioneering efforts and its devoting
> substantial effort and resources to providing only high quality services,
> the eBay name and trademarks are widely known among the consuming public
> worldwide, and the name and trademarks embody substantial and valuable
> goodwill.
>
> Accordingly, we were concerned when we learned of your registration of the
> ebaywhores.com. As we hope you can understand, protection of its
> trademarks is very important to eBay. We have filed several successful
> federal court actions in the United States against companies and
> individuals employing the famous eBay trademark in their domain names, as
> well as more than six proceedings before the United Nation's World
> Intellectual Property Organization's arbitration panel. eBay prevailed in
> each case and the domain names at issue were all ordered to be transferred
> to eBay.
>
> In addition to the above, the United States Patent and Trademark Office
> ("USPTO") has recently denied registration of the mark "ebaysecurities" by
> a third party. Like your domain name, "ebaysecurities" incorporated the
> entire eBay trademark, adding only a generic term to eBay's famous mark.
> The USPTO recognized that eBay is a famous trademark and denied
> registration of ebaysecurities. eBay is concerned that any use of the
> domain name in question, will cause confusion as to whether you or your
> company's activities are authorized, endorsed or sponsored by eBay when,
> in fact, they are not.
>
> We understand that you may have registered ebaywhores.com without full
> knowledge of the law in this area. The Anticybersquatting Consumer
> Protection Act
> (http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides
> for serious penalties (up to $100,000 per domain name) against persons
> who, without authorization, use, sell, or offer for sale a domain name
> that infringes another's trademark.
>
> While eBay respects your right of expression and your desire to conduct
> business on the Internet, eBay must enforce its own rights in order to
> protect its valuable and famous trademark. For these reasons, and to avoid
> consumer confusion, eBay must insist that you not use the domain name for
> any purpose, do not sell, offer to sell or transfer the domain name to a
> third party, and instead simply let the domain registration expire.
>
> Please confirm in writing that you will agree to resolve this matter as
> requested. If we do not receive confirmation from you that you will comply
> with our request, we will have no choice but to pursue all available
> remedies against you.
>
> Sincerely,
>
> Edith
> eBay Legal Department
看完以後大致有了些觀念
像帶有snoopyshop,xxxnba,cnnxxx,xxxdell,xxebay這樣關鍵詞
的域名
1.一定要建個頁把域名用掉 ,不要空著(最好有留言板之類的有點內容，)
2.不放和關鍵詞網站產生誤會的,相似的頁面
3.並聲明與該站不同(可選可不選 不確定這樣是好還是不好,雖然還可以間接說明本站名字和某某一樣知名 一石雙鳥)
4.出售的話也用委婉的方式就暗示說 對網站感興趣請聯繫xxx就好了
5.用縮寫單詞曲解原來的意思
因此總結了一個主頁格式大家幫忙看一下謝謝.. 讓它更完善吧...
以下為wedell.com的首頁格式(假設)
---------------------------------------------------------------------
IMPORTANT NOTICE: WE ARE NOT DELL.com
If you are looking for DELL, please visit their website at http://www.DELL.com
WEDELL.com has NO AFFILIATION with DELL.
To inquire about the status
of this domain name please email for details.
頁中間放些個人的內容 無關dell的內容和圖片,做一些實用連接
找個免費留言板 or bbs
最後
Last Update: 2005/1/1。Copyright (C) 2004 WEDELL.com. All Rights Reserved.
URL- http://www.wedell.com
e-mail: [email protected]
icq :xx
--------------------------------------------------------------------------
有關爭議的文
etech
http://www.domain.club.tw/viewtopic.php?t=3605&highlight=%AA%A7%C4%B3
104office的這仲裁
http://www.domain.club.tw/viewtopic.php?t=5573&highlight=%AA%A7%C4%B3
doorla帖子
http://www.domain.club.tw/viewtopic.php?t=4678&highlight=%AA%A7%C4%B3
taipei101 感興趣的可以搜索101可以學到很多知識
http://www.domain.club.tw/viewtopic.php?t=3508&highlight=101
這是ctv.com.tw的域名爭議判例......如果.........
http://domain.club.tw/viewtopic.php?t=6663
發完後找不到文了 才發現被置頂了 ~embarass:
英文相關資料站點
http://paypalsucks.com/domain-name-disputes.shtml
像名字裡含有paypal就會被paypal注意一樣 一般會收到類似下面的信,最好不要輕易回信, ~coolguy 上面的地址就此提了很多有意義的建議 更多的還是去上面看吧裡面還有其他類似站點的
When you register the domain, put up a site immediately. The more you put into the site, the better your case is to defend it. A page of links is a start, but don't depend on it. You should have more. Forums and guestbooks are required in my opinion. You need to be able to let others have their say too. Thus, not only does the domain in question allow you your freedom of speech, but it also facilitates that right in everyone, and that pretty much guarantees a First Amendment defense success.
Always state your gripes directly and without a lot of emotion. Eliminate the cursing and vulgarity if you want to be taken seriously. Don't put up a naked picture of a person with the CEO's head superimposed on it. Very bad form.
Read the sites listed above. There are a lot of laws in your favor. In fact, the only sites I'm aware of that have been taken down are those that didn't respond to the WIPO complaint or threat letters from the lawyers, and those that simply redirected the domain to a porn site.
Paypal的email
June 2002 - PayPal's attorneys send threat email!
Quote:
We are intellectual property counsel to PayPal, Inc. of Palo Alto, California. As you are well aware, PayPal provides financial services under the PAYPAL name and service mark and owns and operates the website at . Our client's name, service mark and website are among its most valuable assets.
We have recently been made aware of your operation of two websites, and , that infringe our client's service mark rights in the PAYPAL mark. Printouts of your websites are attached to the confirmation copy of this letter. We further understand that these websites provide a forum to criticize PayPal, Inc. Our client respects your right to do so--provided your websites do not contain any false, disparaging or defamatory statements. We must remind you that any such statements contained on your websites are actionable and can subject you to liability.
Regardless of your purported mission, your use of our client's PAYPAL mark in connection with the operation of websites and in domain names constitutes trademark infringement. Quite simply, use of the PAYPAL mark in a commercial manner is not protected free speech. It is quite evident from your websites that you are profiting off of the PAYPAL mark by selling banner advertisements, offering competing financial services, and using your site to attract PayPal's customers for your own commercial gain. For such infringement, you can be held liable for monetary damages (tripled), an injunction and our client's attorneys' fees.
On behalf of our client, we must insist that you immediately cease all further use of the PAYPAL mark and transfer the domain names to our client. We further demand that you provide an accounting of the profits that you have received in connection with your operation of these websites.
Your swift and full cooperation would enable us to resolve this matter quickly and on an amicable basis. Please contact me as soon as possible, and no later than June 7, 2002, so that we may facilitate a prompt resolution of this matter.
Very truly yours,
Anthony J. Malutta
TOWNSEND and TOWNSEND and CREW LLP
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111-3834
Tel: 415.576.0200
Fax: 415.576.0300
ebay式email
http://www.paypalsucks.com/forums/showthread.php?fid=16&tid=6498&old_block=30
> We are writing concerning your registration of ebaywhores.com which
> contains the famous eBay trademark.
>
> As you undoubtedly know, eBay is the leading provider of online
> person-to-person trading services and related goods and services. eBay
> adopted the name and trademark eBay in September 1995 and, since that
> time, eBay has actively used the eBay name and trademark in connection
> with its online trading and related services, including maintaining the
> web site www.eBay.com. The coined term eBay is one of the most famous
> trademarks on the Internet. eBay owns exclusive trademark rights to the
> eBay name in the United States and internationally, including related
> common law rights. Accordingly, eBay enjoys broad trademark rights in its
> name.
>
> eBay has made a substantial investment in developing and providing its
> services. As a result of eBay's pioneering efforts and its devoting
> substantial effort and resources to providing only high quality services,
> the eBay name and trademarks are widely known among the consuming public
> worldwide, and the name and trademarks embody substantial and valuable
> goodwill.
>
> Accordingly, we were concerned when we learned of your registration of the
> ebaywhores.com. As we hope you can understand, protection of its
> trademarks is very important to eBay. We have filed several successful
> federal court actions in the United States against companies and
> individuals employing the famous eBay trademark in their domain names, as
> well as more than six proceedings before the United Nation's World
> Intellectual Property Organization's arbitration panel. eBay prevailed in
> each case and the domain names at issue were all ordered to be transferred
> to eBay.
>
> In addition to the above, the United States Patent and Trademark Office
> ("USPTO") has recently denied registration of the mark "ebaysecurities" by
> a third party. Like your domain name, "ebaysecurities" incorporated the
> entire eBay trademark, adding only a generic term to eBay's famous mark.
> The USPTO recognized that eBay is a famous trademark and denied
> registration of ebaysecurities. eBay is concerned that any use of the
> domain name in question, will cause confusion as to whether you or your
> company's activities are authorized, endorsed or sponsored by eBay when,
> in fact, they are not.
>
> We understand that you may have registered ebaywhores.com without full
> knowledge of the law in this area. The Anticybersquatting Consumer
> Protection Act
> (http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides
> for serious penalties (up to $100,000 per domain name) against persons
> who, without authorization, use, sell, or offer for sale a domain name
> that infringes another's trademark.
>
> While eBay respects your right of expression and your desire to conduct
> business on the Internet, eBay must enforce its own rights in order to
> protect its valuable and famous trademark. For these reasons, and to avoid
> consumer confusion, eBay must insist that you not use the domain name for
> any purpose, do not sell, offer to sell or transfer the domain name to a
> third party, and instead simply let the domain registration expire.
>
> Please confirm in writing that you will agree to resolve this matter as
> requested. If we do not receive confirmation from you that you will comply
> with our request, we will have no choice but to pursue all available
> remedies against you.
>
> Sincerely,
>
> Edith
> eBay Legal Department