Barry-xlovecam |
12-31-2014 08:28 AM |
Quote:
Originally Posted by Barry-xlovecam
(Post 20343166)
|
S̶c̶r̶a̶t̶c̶h̶ ̶t̶h̶i̶s̶ I read it backwards first thing in the morning ...
Amazon is trying to protect their brand using trademark dilution in their pleadings with the court (*this lawsuit). This looks to me as a bluff. Fyre spends his cash or capitulates by default. There is probably enough merit in the filing on the suit (just enough) ...
The lawsuit should be dismissed as without merit to proceed past preliminary hearing. I think they are going for a default and then plan on demanding the surrender of the name or using the court case to negotiate a purchase. Fyre may have seen ''deep pockets'' in Amazon and asked (demanded) an unreasonable price for the domain -- I have no actual knowledge and say this in speculation ... Nor should this be construed as ''legal advice''.
They would stand no chance in a UDRP mitigation so they took the civil suit route -- there are 3 criterion that must be met.
- The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- The registrant does not have any rights or legitimate interests in the domain name; and
- The domain name has been registered and the domain name is being used in "bad faith".
|