Post by Vince on Jul 1, 2006 3:49:32 GMT -5
Below is a letter the guy who "runs" (i should say "owns" instead of "runs") received a few days ago. Sounds like the guys have finally decided to get a lawyer to get the domain name blindmelon.com back. Mark still thinks it's unfair... to read his story, click here
www.248am.com/mark/interesting/cybersquatting/
I don't want to judge him (i think he should give it up but it's just my opinion), actually i just want to let you know that Blind Melon got a lawyer to get the domain name back.
THE LAW OFFICES OF
DAVID RUDICH
0806883 9255 SUNSET BOULEVARD, SUITE 920
LOS ANGELES, CALIFORNIA 90069
TELEPHONE: (310) 550-8020
FAX: (310) 859-8651
To Mr. Mark:
We represent Blind Melon. According to the registration records provided by directNIC.com you are listed as the Registrant, Administrative Contact and Technical Contact for the domain name, BLINDMELON.COM (“Domain Name”).
As you know, Blind Melon achieved worldwide fame as a musical recording group. Their record sales received platinum status; they toured the world; and made a substantial impact on the music industry. Today, Blind Melon continues to have a worldwide fan base and is releasing an album in September 2006.
It is because of Blind Melon’s fame that you are able to receive a financial gain (as admitted in your email dated April 18, 2005 and enclosed herewith) from your registration and operation of the Domain Name. Your financial gain has been derived solely from your unlawful use of my client’s famous name and is intentionally trading on the goodwill of Blind Melon. Further, your use of the Domain Name causes Blind Melon fans and customers seeking Blind Melon merchandise and other items to mistakenly believe that Blind Melon sponsors or is someway connected with the operation of the Domain Name.
Despite our client’s efforts to negotiate with you to obtain rightful ownership in and to the Domain Name, you have refused citing, amongst other reasons, your financial gain from use of the Domain Name. Your actions constitute cybersquatting, a violation of our client’s rights, including without limitation the right of privacy, common law trademark rights, misappropriation, and related causes of action. Such actions expose you to significant general and punitive damages. .
We hereby demand that you immediately confirm that you shall cease and desist from any development in connection with the Domain Name, and to take all necessary steps to cancel your registration of the Domain Name, and transfer ownership to my client. In the event that I fail to receive such confirmation within seven (7) days of the date of this letter, we shall be forced pursue all available legal remedies.
This is not intended to and does not set forth a complete statement of the facts or the law relevant to this matter, or our client’s position with respect thereto. Nothing contained herein or submitted herewith is intended to nor should be construed as a waiver, relinquishment or limitation of any present or future rights, remedies, or cause or causes of action, whether legal, equitable or otherwise; all of which rights remedies and cause or causes of action, are hereby expressly reserved.
Very truly yours,
DAVID RUDICH
www.248am.com/mark/interesting/cybersquatting/
I don't want to judge him (i think he should give it up but it's just my opinion), actually i just want to let you know that Blind Melon got a lawyer to get the domain name back.
THE LAW OFFICES OF
DAVID RUDICH
0806883 9255 SUNSET BOULEVARD, SUITE 920
LOS ANGELES, CALIFORNIA 90069
TELEPHONE: (310) 550-8020
FAX: (310) 859-8651
To Mr. Mark:
We represent Blind Melon. According to the registration records provided by directNIC.com you are listed as the Registrant, Administrative Contact and Technical Contact for the domain name, BLINDMELON.COM (“Domain Name”).
As you know, Blind Melon achieved worldwide fame as a musical recording group. Their record sales received platinum status; they toured the world; and made a substantial impact on the music industry. Today, Blind Melon continues to have a worldwide fan base and is releasing an album in September 2006.
It is because of Blind Melon’s fame that you are able to receive a financial gain (as admitted in your email dated April 18, 2005 and enclosed herewith) from your registration and operation of the Domain Name. Your financial gain has been derived solely from your unlawful use of my client’s famous name and is intentionally trading on the goodwill of Blind Melon. Further, your use of the Domain Name causes Blind Melon fans and customers seeking Blind Melon merchandise and other items to mistakenly believe that Blind Melon sponsors or is someway connected with the operation of the Domain Name.
Despite our client’s efforts to negotiate with you to obtain rightful ownership in and to the Domain Name, you have refused citing, amongst other reasons, your financial gain from use of the Domain Name. Your actions constitute cybersquatting, a violation of our client’s rights, including without limitation the right of privacy, common law trademark rights, misappropriation, and related causes of action. Such actions expose you to significant general and punitive damages. .
We hereby demand that you immediately confirm that you shall cease and desist from any development in connection with the Domain Name, and to take all necessary steps to cancel your registration of the Domain Name, and transfer ownership to my client. In the event that I fail to receive such confirmation within seven (7) days of the date of this letter, we shall be forced pursue all available legal remedies.
This is not intended to and does not set forth a complete statement of the facts or the law relevant to this matter, or our client’s position with respect thereto. Nothing contained herein or submitted herewith is intended to nor should be construed as a waiver, relinquishment or limitation of any present or future rights, remedies, or cause or causes of action, whether legal, equitable or otherwise; all of which rights remedies and cause or causes of action, are hereby expressly reserved.
Very truly yours,
DAVID RUDICH
