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  #1  
Old 07-02-2003, 01:10 PM
xpguy xpguy is offline
 
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Default Need your help badly, anyone ms want my domain

i recieved this email from microsoft corp today:

Check the post here please:

http://www.windowsos.com/forum/showt...?threadid=1869

I need help alot please what should i do?
  #2  
Old 07-02-2003, 01:15 PM
filburt1 filburt1 is offline
 
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Do what they tell you to, unless you like lawsuits
  #3  
Old 07-02-2003, 02:31 PM
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corsacrazy corsacrazy is offline
 
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THAT IS SUCH A LOVLY SITE MATE bloodu microsoft hav 2 spoil everything !
  #4  
Old 07-02-2003, 03:47 PM
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My thoughts are to fight them into buying it. People have gotten tons of money that way. There is no way they can make a lawsuit that would stand in court towards you. If a judge saw that, he or she would immediately throw it out. But if you aren't into taking risks, you know the other option.
  #5  
Old 07-02-2003, 07:44 PM
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Dean C Dean C is offline
 
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Wow i'm not going to offer advice on this one. I'm sure Erwin will come across this thread. He's studying internet law so he may be able to give you soom good advice on this matter

- miSt
  #6  
Old 07-02-2003, 08:31 PM
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Chris M Chris M is offline
 
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IMO, you got there first, and regged that domain

You aren't pretending to be Microsoft, so literally they cannot sue you for using a name which refers to something everyone has in their houses and everyone can look out of

Just find an abbreviation / name which could stand for OS, like, erm, open shutters (something windowy), and there is nothing they can do about it really...

Satan
  #7  
Old 07-02-2003, 11:25 PM
mackers8923 mackers8923 is offline
 
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I agree with hellsatan, you purchased the domain name and they want you to just simply fill in and hand over the domain. "I don't think so".

You would be foolish to sign that document anyway with out seeking legal advice in the first instance. At the end of the day you have to protect yourself from these people.

As for the logo's, I' don't know if they belong to Windows or not, but if they do simply get rid of them, what are they going to do once they have gone. Sue you because you have a domain name that may be mistaken for one of their's. "Thats not your fault"

Stick by your guns, however just incase follow the advice of hellsatan and create a name for the OS part of your domain.

Good luck!!!!
  #8  
Old 07-03-2003, 01:42 AM
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xpguy,

You need to give this a lot more thought.

Like it or not, your use of their Windows name is not coincidental and the term (domain registration) is being used (publicly) in the context of it being an Operating System...... which is exactly that their product is. Though you may not like being told what to do by a large, powerful corporation in this situation, you really are infringing upon a trademark that belongs to them. And they have every right and legal opportunity to go after you to the fullest extent of their interests and the law.

Holding out at this point because you think you "might" make a lot of money from this would not be very smart, as you're the one infringing upon them. They owe you nothing more than "fair notice" of the problem..... and they've taken care of that now by contacting you.

At the moment, you can't even claim ignorance of this matter (which wouldn't have excused you, anyway). Should you go on now to worsen your legal position by trying to hide the real (and innocent) purpose of your use of this domain by creating some cute/bogus "open shutters" connection..... then you'd be doing this "after the fact." (You must realize that they would have already researched and documented every bit of information displayed at your domain and your registration BEFORE they contacted you.) So, making changes now would only demonstrate an intentional motivation on your part to hide, cover up, falsify, or defraud people about this.

Be careful..... and good luck.

(Let us know how this works out, ok?)

Talis.
  #9  
Old 07-03-2003, 03:42 AM
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Quote:
Yesterday at 10:42 PM Talisman said this in Post #8
xpguy,

You need to give this a lot more thought.

Like it or not, your use of their Windows name is not coincidental and the term (domain registration) is being used (publicly) in the context of it being an Operating System...... which is exactly that their product is. Though you may not like being told what to do by a large, powerful corporation in this situation, you really are infringing upon a trademark that belongs to them. And they have every right and legal opportunity to go after you to the fullest extent of their interests and the law.

Holding out at this point because you think you "might" make a lot of money from this would not be very smart, as you're the one infringing upon them. They owe you nothing more than "fair notice" of the problem..... and they've taken care of that now by contacting you.

At the moment, you can't even claim ignorance of this matter (which wouldn't have excused you, anyway). Should you go on now to worsen your legal position by trying to hide the real (and innocent) purpose of your use of this domain by creating some cute/bogus "open shutters" connection..... then you'd be doing this "after the fact." (You must realize that they would have already researched and documented every bit of information displayed at your domain and your registration BEFORE they contacted you.) So, making changes now would only demonstrate an intentional motivation on your part to hide, cover up, falsify, or defraud people about this.

Be careful..... and good luck.

(Let us know how this works out, ok?)

Talis.
You have a nice avatar :-p
  #10  
Old 07-03-2003, 03:54 AM
caffeine20 caffeine20 is offline
 
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you need a lawyer, period no question about it, if you plan on pursueing this.
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