Wanted: Domain Appraisal Just looking for a BALLPARK

[stevefizz]

Hi any chance you can give me a ball park on this one

Fan Site / Forum

6 weeks old


arctic monkey biz

 

[texidriver]

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[stevefizz]

Sorry mate, im having a problem with your link

This search session has expired.

 

[FC Domains]

Hi any chance you can give me a ball park on this one

Park your balls where you like. Their lawyers will be along to kick them momentarily.

 

[stevefizz]

so whats the worst case scenario?


Whats the best i can hope for?

 

[texidriver]

Word Mark ARCTIC MONKEYS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Films, videos, cassettes, records, compact discs, discs, software; sound and/or video recordings

IC 016. US 002 005 022 023 029 037 038 050. G & S: Stationery, printed matter, books, magazines, stickers, photographs, posters, bags, prints, albums, cards

IC 025. US 022 039. G & S: Articles of outer clothing, clothing accessories; footwear; hats and headgear

IC 041. US 100 101 107. G & S: Film production; presentation of live performances; publishing; sound recording services; performing of music and singing; audio visual performances; production of text; entertainment services
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78824289
Filing Date February 27, 2006
Current Filing Basis 1B;44D
Original Filing Basis 1B;44D
Owner (APPLICANT) James Cook INDIVIDUAL UNITED KINGDOM c/o Wildlife Entertainment Limited, 21F Heathmans Road; London UNITED KINGDOM SW6 4TJ

(APPLICANT) Andrew Nicholson INDIVIDUAL UNITED KINGDOM c/o Wildlife Entertainment Limited, 21F Heathmans Road; London UNITED KINGDOM SW6 4TJ

(APPLICANT) Matthew Helders INDIVIDUAL UNITED KINGDOM c/o Wildlife Entertainment Limited, 21F Heathmans Road; London UNITED KINGDOM SW6 4TJ

(APPLICANT) Alex Turner INDIVIDUAL UNITED KINGDOM c/o Wildlife Entertainment, 21F Heathman s Road; London UNITED KINGDOM SW6 4TJ
Attorney of Record Jeffrey L. Costellia
Priority Date January 26, 2006
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[stevefizz]

so am i completely screwed?

 

[charlie]

i think tex's reply says "youre COMPLETELY screwed" in a lawyer speak

best hope is that you get some parking revenue and they DONT sue for your earnings off it

see you in court!

 

[bb99]

I thought that it was entirely legitimate use of a domain name to run it as a fan site (which would of course include a discussion forum).

Having said that, I'm not familiar with the .biz equivalent of the DRS.

 

[seanc]

if its got members and its all about the Arctic Monkeys then
it could classed as a fan site.

 

[BFTUK]

It would'nt look good if they sued one of their own fan sites would it?

 

[texidriver]

I thought that it was entirely legitimate use of a domain name to run it as a fan site (which would of course include a discussion forum)...

"Do .BIZ domain names have restrictions?

Yes. The .BIZ domain can only be used for a "bona fide business or commercial use". A bona fide business use is one of the following:

1. To exchange goods, services, or property of any kind;
2. In the ordinary course of trade or business; or
3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation does not constitute a "bona fide business or commercial use" of that domain name.

For illustration purposes, the following do not constitute a "bona fide business or commercial use" of a domain name:

1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose)."

http://www.neulevel.biz/faqs/biztld_faqs.html

 

[texidriver]

I thought that it was entirely legitimate use of a domain name to run it as a fan site (which would of course include a discussion forum)....

Is this now case law for .co.uk domains?

"4. How the Respondent may demonstrate in its response that the Domain Name is not an Abusive Registration....

b. Fair use may include sites operated solely in tribute to or in criticism of a person or business."

http://www.nic.uk/digitalAssets/5112_alliance-leceister.pdf