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domain name dispute, (SM) trademark

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K

kfc7

Guest
[California]

I own www.lansomniac.com and some guy owns the sm trademark for lansomnia. he wants my domain name or he will sue me.

The reasons I belive that I have the right to own this name is that no one really own the internet. If anyone has control over a domain name it is with http://www.icann.org/udrp/udrp-policy-24oct99.htm

And with all of the requierments that they request Web2Zone/Samsung only has this covered.

(I) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

the dont have

(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.

or anything else on their side.

As you know www.whitehouse.com isn't the white house's website And there are tons of examples out there if you just misspell any one celebrities name minus one letter. As long as the site is in good faith, not bashing the celeb they seem to stay in business.

Also the meaning of our two names are different, even if they may appear to be alike. Our names are not as similar as lets say (dog) and (dogs). In this case one letter in the word LANsomnia makes a larger difference.

for example our name LANsomniac is derived from the word "Insomniac" which means "One who suffers from insomnia."

Lansomnia is derived from "Insomnia" and that definition is "Chronic inability to fall asleep or remain asleep for an adequate length of time."

so what do you think?

BTW will this go to small claims or a real court? My guess is that they will also sue for damages so that they can take it to a larger court with a jury.

Later!
 


racer72

Senior Member
If the guy owns the trademark for the name, he can and will successfully sue you in court. It is called cybersquatting. Your white house anology doesn't work, the name 'white house' is not a registered trademark for the purposes it is being used. And small claims court is a real court.
 

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