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Subject:
I need to get my domain name back how can I dispute it?
Category: Computers > Internet Asked by: davidlpotter-ga List Price: $20.00 |
Posted:
29 May 2003 10:13 PDT
Expires: 28 Jun 2003 10:13 PDT Question ID: 210303 |
I developed a trademarked comerical game about 3 years ago, and the domain was left vacant by the holder of the rights to the game. I now have the rights to the game back and have found out someone in HK has the domain name locked up and doing nothing with it. The domain name is www.shatteredlight.com my trademarked game is shatteredlight, published by SSI and my company catware which is now ensigngames. What is the procedure to disbute it and get it back? (If I can) I need step by step procedures on who to contact and what proof is needed. Thanks David dpotter@ensigngames.com |
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Subject:
Re: I need to get my domain name back how can I dispute it?
Answered By: shiva777-ga on 29 May 2003 10:54 PDT Rated: |
Hi David. Your best and cheapest bet is to use the National Arbitration Forum: http://www.arb-forum.com/ They offer services to settle domain disputes that are far less costly than going through the official legal system which can cost thousands of dollars and lots of time. Some ofthe services the forum offers include: Mediation: "Mediation involves disputing parties assisted by a mediator, voluntarily attempting to reach their own agreement resolving their differences. Typically, an independent, neutral third party, a mediator, assists parties in negotiating the settlement of a dispute between them." $300 fee http://www.arb-forum.com/mediation/index.asp Arbitration: "Arbitration is a streamlined legal procedure used for hundreds of years to resolve legal disputes fairly and at low cost. An arbitration is a proceeding administered and managed by an independent third party for two or more parties with a legal dispute. The parties present their arguments and evidence to an arbitrator who in turn decides the case." http://www.arb-forum.com/arbitration/index.asp Assuming that the domain is worth less than $2,500 (likely) the fees would be as follows: $25 Filing Fee $25 Commencement Fee $200 Administrative Fee $150 Participatory Hearing Fee (fees gotten from http://www.arb-forum.com/code/code-7-1-02.pdf) You can make an arbitration claim here: http://www.arb-forum.com/arbitration/complaint.asp I would suggest reading through this site thoroughly as I think that it is easily your best bet in getting your domain back. If you go into the regular courts system with this it can be a messy business indeed. There are law firms that specialize in domain disputes including: http://www.esqwire.com/ http://www.cybertriallawyer.com/ You can also use Findlaw(http://lawyers.findlaw.com/) to find a lawyer in your area. Internet specialist are listed here: http://lawyers.findlaw.com/lawyer/practice/Internet%20--%20Cyberspace You can find an easy to understand guide to domain disputes at: http://www.domaindisputeresource.info/ I do suggest going through the arbritation forum or consulting a lawyer before contacting the domain owner yourself. I wish you the best in getting back your domain. Proof of your trademark should be enough to get it back. If you have any further questions please use the 'clarify answer' button before rating this answer. Thank you! -shiva777 |
davidlpotter-ga
rated this answer:
Good Answer thanks |
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