I just received this email a few days back and was wondering if anyone else has received such a notice and what the implications are? From what I understand, common-law trademarks are not registered trademarks. The three leter domain I want is a very common initial ... while it is trademarked by various other people, no one else seems to have filed an IP challenge.
Any suggestions other than "go find a lawyer"? :)
By the way, anyone know of a lawyer who is not going to cost me a fortune?
Regards,
Shri
Register.com has submitted your domain name application(s) to NeuLevel, the .BIZ registry. The following communication comes directly from NeuLevel to inform you of an Intellectual Property claim on the domain for which you have applied.
***.biz 393063
According to our records you have applied for the above listed .BIZ domain name. The purpose of this E-mail is to formally notify you that the domain name for which you applied matches one or more Intellectual Property (IP) Claims that were received by the .BIZ Registry. In other words, one or more intellectual property owners believe that they have intellectual property rights in the domain name for which you have applied. You should be aware that if you choose to continue the application process, your domain name registration may be challenged under several Internet Corporation for Assigned Names and Numbers (ICANN)-approved dispute resolution mechanisms, including the Start-up Trademark Opposition Policy (STOP) [neulevel.BIZ...] and the Uniform Dispute Resolution Policy (UDRP) [icann.org...]
IN ORDER TO COMPLETE THE APPLICATION PROCESS, YOU MUST GO TO [extranet.neulevel.com...] IN ORDER TO INDICATE YOUR INTENT TO EITHER “PROCEED” WITH OR “CANCEL” YOUR REGISTRATION REQUEST. NOTE THAT PROCEEDING WITH YOUR REGISTRATION REQUEST IN NO WAY GUARANTEES THAT YOUR APPLICATION WILL BE SELECTED FOR REGISTRATION BY THE .BIZ REGISTRY. LOG INTO THE SITE WITH THE FOLLOWING USERID AND PASSWORD:
USERID:
Password:
Listed below is the following IP Claim information:
a. The Intellectual Property Claimant’s contact details;
b. Exact trademark or service mark (“trademark”) in which the IP Claimant is basing its claim. NOTE: If the Exact Trademark contains any non-alphanumeric characters, other than a hyphen, the exact trademark may be displayed below with the non-alphanumeric characters removed. For example, if the exact trademark is NeuLevel, Inc., then it is possible that only “neulevelinc” (without the “comma”, “space” or “period”) will be displayed;
c. The .BIZ Claim String and its associated identification number;
d. A description of the goods and/or services alleged to be used in connection with the trademark;
e. The date in which the trademark or service mark was either first used in connection with the associated goods and/or services or alternatively in which an “intent to use” trademark application was filed;
f. The country where the goods and/or services were alleged to have been first used;
g. Whether the trademark is “Registered” or has been “Applied For” in any national trademark office or whether the IP Clamant is alleging IP rights to the trademark based on common law or usage rights;
h. If the trademark has either been “Applied For” or “Registered”, the date in which the application was filed or the date the registration was issued;
i. If the trademark has either been “Applied For” or “Registered”, or if the IP Claimant voluntarily provided such information, the International Class in which the goods and/or services are alleged to be used.
Note: NeuLevel, Inc., the Registry Operator for .BIZ, has collected this information directly from the IP Claimant(s) through its IP Claim Service or through an ICANN-Accredited Registrar. Such information is provided to you by NeuLevel for information purposes only, that is, to assist you in deciding whether or not to proceed with the .BIZ domain name application process. NeuLevel is providing this information “AS IS” and has not validated or verified any of the data below. Therefore, it cannot guarantee its accuracy or completeness. After reviewing the information below, you may wish to consult with your intellectual property attorney or advisor on whether or not to proceed with the registration process.
The following are the details of each IP Claim for ***.biz.
1a. Intellectual Property Claimant's Contact Information
****** *Investments Limited
**********************************
Jersey
JE23RU
1b. Trademark or Service Mark: ***
1c. IP Claim String and Identification Number: ***.biz 12693
1d. Description of Goods and/or Services: A portal targeted to xxxxxxxxxxxxxxxxxxx
1e. Alleged Date of First Use: 2000-03-29 00:00:00.
1f. Country of First Use: ARE.
1g. Trademark Status: COMMON
1h. Date "Registered" or "Applied For":
1i. International Class: Not Applicable
For more information on this intellectual property claim, please contact:
[deleted]
AS A REMINDER, IN ORDER TO COMPLETE THE APPLICATION PROCESS, YOU MUST GO TO [extranet.neulevel.com...] IN ORDER TO INDICATE YOUR INTENT TO EITHER "PROCEED" OR "CANCEL" YOUR REGISTRATION REQUEST. NOTE THAT PROCEEDING WITH YOUR REGISTRATION REQUEST IN NO WAY GUARANTEES THAT YOUR APPLICATION WILL BE SELECTED FOR REGISTRATION BY THE .BIZ REGISTRY. LOG INTO THE SITE WITH THE FOLLOWING USERID AND PASSWORD:
USERID:
Password:
As a service to the international Internet community and businesses around the world, NeuLevel, Inc., the Registry Operator for .BIZ, is providing this notification to you in English and in the preferred language that you specified if other than English. NeuLevel is providing this foreign translation service "AS IS" and has not validated or verified the accuracy or completeness of such translation. Therefore, in the event of any dispute arising out of this notification, the "English" version shall control.
Registry for .BIZ
My advice is to proceed with your application, You've already paid for it.
MSR
Does anyone know of a good IP claims lawyer?
Shri
If its random, how come I never got a chance to dispute the other person's claim? All I got was a note that my claim was being disputed. I just assumed that I was on top of the list and the ones below me were allowed to dispute my claim to the domain.
Filing this claim merely provided a method to dispute the results later.
URL's are awarded based on the results of a random pick from queued pre-registrations.
