>Mike Rowe Soft did not get "off the hook" because his name happened to be
>Mike Rowe. Apparently there are people stupid enough to confuse "Microsoft"
>with "MikeRoweSoft"
and...
>This is exactly the kind of "justice for sale" BS i was talking about in
>that other thread. Why shouldn't he be able to have his company called his
>name and what he does, and what possible hope has he got against those kind
>of Lawyer$.
The Mikerowesoft situation isn't applicable here. Mike Rowe basically shot himself in the foot, by registering the domainname and then when Microsoft called, he demanded money for it.
Generally, Microsoft needed to prove that
a) they had a known trademark
b) the domain in question was identical or confusingly similar, and
c) that Mike Rowe acted in bad faith to profit from the mark.
A and B were already in the bag, when Microsoft called Rowe, and when he demanded money, C could be checkmarked as well.
The proper response when someone contacts you and asks you to transfer your domain because they operate under a similar name, is to say 'No!'. You don't start talking about money, because then they can take away the domain.
Even if you think that they are suggesting to buy it, then get it in writing and then refuse, saying that you are not interested in selling because you were hoping to make a website about rare flowers etc.
Once they realize that you won't discuss selling the domain instead of transfering it, if they really want it, they will then make you an offer.
The key thing is to get them to acknowledge that you did not buy it in bad faith, before you negotiate.
>Mike Rowe. Apparently there are people stupid enough to confuse "Microsoft"
>with "MikeRoweSoft"
and...
>This is exactly the kind of "justice for sale" BS i was talking about in
>that other thread. Why shouldn't he be able to have his company called his
>name and what he does, and what possible hope has he got against those kind
>of Lawyer$.
The Mikerowesoft situation isn't applicable here. Mike Rowe basically shot himself in the foot, by registering the domainname and then when Microsoft called, he demanded money for it.
Generally, Microsoft needed to prove that
a) they had a known trademark
b) the domain in question was identical or confusingly similar, and
c) that Mike Rowe acted in bad faith to profit from the mark.
A and B were already in the bag, when Microsoft called Rowe, and when he demanded money, C could be checkmarked as well.
The proper response when someone contacts you and asks you to transfer your domain because they operate under a similar name, is to say 'No!'. You don't start talking about money, because then they can take away the domain.
Even if you think that they are suggesting to buy it, then get it in writing and then refuse, saying that you are not interested in selling because you were hoping to make a website about rare flowers etc.
Once they realize that you won't discuss selling the domain instead of transfering it, if they really want it, they will then make you an offer.
The key thing is to get them to acknowledge that you did not buy it in bad faith, before you negotiate.