[wplug] DNS Law...
David Brown
browndavidc at hotmail.com
Thu Sep 10 12:52:50 EDT 2009
This guy got more fame and money by writing a song about his experience with United.
United did pay attention to him when he got more than a million hits...
It is on YouTube:
United Breaks Guitars
http://www.youtube.com/watch?v=5YGc4zOqozoPerhaps getting more creative may be the better alternative....
David C. Brown, PMP
- Computer Forensics Investigator / CISSP (in training)
- Web site and application development
- Six Sigma Certified Professional
- Security+, CCNA, MCSE, MCDBA, MCSD
- 412.357.0266
> From: wplug-request at wplug.org
> Subject: wplug Digest, Vol 67, Issue 7
> To: wplug at wplug.org
> Date: Thu, 10 Sep 2009 12:00:03 -0400
>
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> Today's Topics:
>
> 1. DNS law? (Douglas Green)
> 2. Re: DNS law? (Zachary Uram)
> 3. Re: DNS law? (Mackenzie Morgan)
> 4. Re: DNS law? (George Larson)
> 5. Re: DNS law? (Tim Lesher)
> 6. Re: DNS law? (Bill Moran)
> 7. Re: DNS law? (Yaakov Nemoy)
> 8. Re: DNS law? (Bill Moran)
> 9. Re: WiFi Parts Pgh (Christopher DeMarco)
> 10. Re: DNS law? (Christopher DeMarco)
> 11. Re: DNS law? (Drew from Zhrodague)
> 12. Re: DNS law? (Bill Moran)
> 13. Re: DNS law? (Pat Barron)
> 14. Re: DNS law? (Michael Semcheski)
> 15. Re: DNS law? (Zachary Uram)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 09 Sep 2009 18:14:23 -0700
> From: Douglas Green <diego96 at mac.com>
> Subject: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID: <81BFF9F4-6AC8-4AE0-8DD9-84B35B2D8A36 at mac.com>
> Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes
>
> Hi Group-
>
> I understand that I'm not consulting an attorney by addressing your
> guys, and that your opinions don't constitute legal advice, etc.
> Nevertheless, many of you are pretty well informed regarding internet
> and The Law. Besides that, you're all pretty sharp.
>
> Some weeks ago I had a horrible customer experience with an airline.
> My issues were completely ignored by customer service, who actually
> didn't return email or phone calls. My final step was to register a
> domain name and put up a website, documenting the problems I've
> experienced with this airline.
>
> The airline owns "theirname".com.mx, but does not own "theirname".com,
> which is owned by some other travel-related company. I was able to
> purchase "theirname".us, just in time for them announcing US flight
> servce (previously, they only operated within Mexico).
>
> Today I got a cease/desist letter from a legal firm out of New York
> stating that my website is defamatory, and that I must immediately
> remove the website content AND give the airline company the Domain
> Name!!!
>
> It's this second point that I'm asking your opinions on- If I own
> airline.us, do I have to hand over the DNS to airline.com.mx who
> apparently failed to secure the top domain space despite their
> "tradename"? As far as the content being defamatory, AFIK if it's True
> then it ain't Slander!
>
> Thanks for your (non-legally binding) input! ;)
> -Doug
>
> PS- For the morbidly curious: www.volaris.us
>
>
> ------------------------------
>
> Message: 2
> Date: Wed, 9 Sep 2009 22:37:36 -0400
> From: Zachary Uram <netrek at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <ecfa260c0909091937p5df33875w398bf502155751c4 at mail.gmail.com>
> Content-Type: text/plain; charset=UTF-8
>
> Contact a lawyer. You get what you pay for in such matters is my
> experience. Whatever the letter of the law may be this is relatively
> new case law and a good attorney could make a huge difference,
> especially since the airline likely has much deeper legal pockets than
> yourself. You must also weigh how much this is worth to you. To
> litigate this case may be very expensive.
>
> Zach
>
> On Wed, Sep 9, 2009 at 9:14 PM, Douglas Green<diego96 at mac.com> wrote:
> > Hi Group-
> >
> > I understand that I'm not consulting an attorney by addressing your
> > guys, and that your opinions don't constitute legal advice, etc.
> > Nevertheless, many of you are pretty well informed regarding internet
> > and The Law. Besides that, you're all pretty sharp.
> >
> > Some weeks ago I had a horrible customer experience with an airline.
> > My issues were completely ignored by customer service, who actually
> > didn't return email or phone calls. My final step was to register a
> > domain name and put up a website, documenting the problems I've
> > experienced with this airline.
> >
> > The airline owns "theirname".com.mx, but does not own "theirname".com,
> > which is owned by some other travel-related company. I was able to
> > purchase "theirname".us, just in time for them announcing US flight
> > servce (previously, they only operated within Mexico).
> >
> > Today I got a cease/desist letter from a legal firm out of New York
> > stating that my website is defamatory, and that I must immediately
> > remove the website content AND give the airline company the Domain
> > Name!!!
> >
> > It's this second point that I'm asking your opinions on- If I own
> > airline.us, do I have to hand over the DNS to airline.com.mx who
> > apparently failed to secure the top domain space despite their
> > "tradename"? As far as the content being defamatory, AFIK if it's True
> > then it ain't Slander!
> >
> > Thanks for your (non-legally binding) input! ;)
> > -Doug
> >
> > PS- For the morbidly curious: www.volaris.us
> > _______________________________________________
> > wplug mailing list
> > wplug at wplug.org
> > http://www.wplug.org/mailman/listinfo/wplug
> >
>
>
> ------------------------------
>
> Message: 3
> Date: Wed, 9 Sep 2009 23:39:18 -0400
> From: Mackenzie Morgan <macoafi at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: wplug at wplug.org
> Message-ID: <200909092339.18709.macoafi at gmail.com>
> Content-Type: Text/Plain; charset="iso-8859-1"
>
> On Wednesday 09 September 2009 9:14:23 pm Douglas Green wrote:
> > Today I got a cease/desist letter from a legal firm out of New York
> > stating that my website is defamatory, and that I must immediately
> > remove the website content AND give the airline company the Domain
> > Name!!!
> >
> > It's this second point that I'm asking your opinions on- If I own
> > airline.us, do I have to hand over the DNS to airline.com.mx who
> > apparently failed to secure the top domain space despite their
> > "tradename"? As far as the content being defamatory, AFIK if it's True
> > then it ain't Slander!
>
> Yeah, pretty sure they can demand the domain name if they've trademarked it.
> However, THEIRNAMEsucks.com ... well...that'd be safe for you to buy.
>
> --
> Mackenzie Morgan
> http://ubuntulinuxtipstricks.blogspot.com
> apt-get moo
>
>
> ------------------------------
>
> Message: 4
> Date: Thu, 10 Sep 2009 06:58:33 -0400
> From: George Larson <george.g.larson at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <a623739c0909100358t4a063d5bwa79fd85c5310dd38 at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> On Wed, Sep 9, 2009 at 11:39 PM, Mackenzie Morgan<macoafi at gmail.com> wrote:
> > On Wednesday 09 September 2009 9:14:23 pm Douglas Green wrote:
> >> Today I got a cease/desist letter from a legal firm out of New York
> >> stating that my website is defamatory, and that I must immediately
> >> remove the website content AND give the airline company the Domain
> >> Name!!!
> >>
> >> It's this second point that I'm asking your opinions on- If I own
> >> airline.us, do I have to hand over the DNS to airline.com.mx who
> >> apparently failed to secure the top domain space despite their
> >> "tradename"? As far as the content being defamatory, AFIK if it's True
> >> then it ain't Slander!
> >
> > Yeah, pretty sure they can demand the domain name if they've trademarked it.
> > However, ?THEIRNAMEsucks.com ... well...that'd be safe for you to buy.
> >
> > --
> > Mackenzie Morgan
> > http://ubuntulinuxtipstricks.blogspot.com
> > apt-get moo
> > _______________________________________________
> > wplug mailing list
> > wplug at wplug.org
> > http://www.wplug.org/mailman/listinfo/wplug
> >
>
> 10 US Laws Every Domainer Needs to Know [
> http://www.avivadirectory.com/domain-law/ ]
>
> If we assume that site is credible, it looks like they can demand
> their trademarked name.
>
>
> ------------------------------
>
> Message: 5
> Date: Thu, 10 Sep 2009 07:28:34 -0400
> From: Tim Lesher <tlesher at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <9613db600909100428v4f511f54w1cc5490e001e2db at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> On Wed, Sep 9, 2009 at 21:14, Douglas Green <diego96 at mac.com> wrote:
>
> > Hi Group-
> >
> > I understand that I'm not consulting an attorney by addressing your
> > guys, and that your opinions don't constitute legal advice, etc.
> > Nevertheless, many of you are pretty well informed regarding internet
> > and The Law. Besides that, you're all pretty sharp.
> >
> >
> [standard IANAL disclaimer applies]
>
> Outside of the allegation of defamation, you're in ICANN dispute resolution
> territory:
>
> http://www.icann.org/en/udrp/udrp.htm
>
> The short version is that when you register a domain name, you are
> representing to the registrar that the domain name you register does not, to
> the best of your ability, infringe on anyone else's rights (including
> trademark). That's been the case for the past 10 years.
>
> A C&D is usually just the first line of defense (primarily because it's the
> least expensive option for the trademark holder); after that, it gets real
> legal real fast.
>
> Even shorter version: if you do intend to refuse the request, talk to a
> lawyer.
>
>
>
> --
> Tim Lesher <tlesher at gmail.com>
> -------------- next part --------------
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> ------------------------------
>
> Message: 6
> Date: Thu, 10 Sep 2009 07:56:30 -0400
> From: Bill Moran <wmoran at potentialtech.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Cc: Douglas Green <diego96 at mac.com>
> Message-ID: <20090910075630.e4f3ce7c.wmoran at potentialtech.com>
> Content-Type: text/plain; charset=US-ASCII
>
> In response to Douglas Green <diego96 at mac.com>:
>
> > Hi Group-
> >
> > I understand that I'm not consulting an attorney by addressing your
> > guys, and that your opinions don't constitute legal advice, etc.
> > Nevertheless, many of you are pretty well informed regarding internet
> > and The Law. Besides that, you're all pretty sharp.
> >
> > Some weeks ago I had a horrible customer experience with an airline.
> > My issues were completely ignored by customer service, who actually
> > didn't return email or phone calls. My final step was to register a
> > domain name and put up a website, documenting the problems I've
> > experienced with this airline.
> >
> > The airline owns "theirname".com.mx, but does not own "theirname".com,
> > which is owned by some other travel-related company. I was able to
> > purchase "theirname".us, just in time for them announcing US flight
> > servce (previously, they only operated within Mexico).
> >
> > Today I got a cease/desist letter from a legal firm out of New York
> > stating that my website is defamatory, and that I must immediately
> > remove the website content AND give the airline company the Domain
> > Name!!!
> >
> > It's this second point that I'm asking your opinions on- If I own
> > airline.us, do I have to hand over the DNS to airline.com.mx who
> > apparently failed to secure the top domain space despite their
> > "tradename"? As far as the content being defamatory, AFIK if it's True
> > then it ain't Slander!
>
> Part of this boils down to "how much are you willing to spend to prove
> that you're right?" You can be totally in the right, but if you
> haven't got thousands or more to spend defending your position, the
> airline can use the court system to effectively win the case, simply
> because you'll have to back down.
>
> See http://www.potentialtech.com/cms/node/69
>
> That being said, I don't think they can "demand" the site back. If you've
> paid for it, they have a legal obligation to at least reimburse you for
> your expense. Again, is it worth thousands in lawyer fees to recoup a
> $25/year domain registration?
>
> However, on the rest of the points, I believe the others are correct.
> Based on precedents in other areas of trademarks, it's on _your_ shoulders
> to ensure that you're not wasting your money buying something that you
> can't use.
>
> Look at it this way: I open a restaurant and put a bit sign on it calling
> it "McDonalds" because I figure people will gravitate to that name. When
> "McDonalds evil corporation LLC" files a cease and desist order, would
> anyone be surprised or argue their right to do so? If I cry, "well, it's
> MECLLC's responsibility to reimburse me for the cost of the sign" will
> anyone care?
>
> The "I registered it first" mentality doesn't really stand up to US and
> other country's trademark law. Early on in the history of the internet
> there were some crazy things that happened with companies spending big
> $$$ to buy domain names that other people had scarfed first, but if you
> think about it, those were usually names like "business.com" which are
> not trademarkable.
>
> --
> Bill Moran
> http://www.potentialtech.com
> http://people.collaborativefusion.com/~wmoran/
>
>
> ------------------------------
>
> Message: 7
> Date: Thu, 10 Sep 2009 14:02:29 +0200
> From: Yaakov Nemoy <loupgaroublond at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <7f692fec0909100502h41a881b5ie345a267aa497367 at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> 2009/9/10 Douglas Green <diego96 at mac.com>:
> > Hi Group-
> >
> > I understand that I'm not consulting an attorney by addressing your
> > guys, and that your opinions don't constitute legal advice, etc.
> > Nevertheless, many of you are pretty well informed regarding internet
> > and The Law. Besides that, you're all pretty sharp.
> >
> > Some weeks ago I had a horrible customer experience with an airline.
> > My issues were completely ignored by customer service, who actually
> > didn't return email or phone calls. My final step was to register a
> > domain name and put up a website, documenting the problems I've
> > experienced with this airline.
> >
> > The airline owns "theirname".com.mx, but does not own "theirname".com,
> > which is owned by some other travel-related company. I was able to
> > purchase "theirname".us, just in time for them announcing US flight
> > servce (previously, they only operated within Mexico).
> >
> > Today I got a cease/desist letter from a legal firm out of New York
> > stating that my website is defamatory, and that I must immediately
> > remove the website content AND give the airline company the Domain
> > Name!!!
> >
> > It's this second point that I'm asking your opinions on- If I own
> > airline.us, do I have to hand over the DNS to airline.com.mx who
> > apparently failed to secure the top domain space despite their
> > "tradename"? As far as the content being defamatory, AFIK if it's True
> > then it ain't Slander!
> >
> > Thanks for your (non-legally binding) input! ;)
>
> IANAL here, but asking such advice is potentially illegal to respond
> to. None of us can give legally binding advice, and anything that we
> say could set a precedent against you that could backfire. In
> otherwords, you should really only ask a lawyer these questions. There
> may be ways out of this situation to your advantage, but i don't want
> to comment on them too deeply.
>
> Generally the rule is that if your domain violates some trademark,
> they have to enforce it by taking all legal action they can, and that
> means that they're probably going to get the trademark. As for the
> content and any other legal liability, and even the fact that another
> travel related company also uses the same trademark makes this
> entirely the domain of lawyers. Asking for real advice here is a
> really bad idea.
>
> -Yaakov
>
>
> ------------------------------
>
> Message: 8
> Date: Thu, 10 Sep 2009 08:37:32 -0400
> From: Bill Moran <wmoran at potentialtech.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID: <20090910083732.54e54a3c.wmoran at potentialtech.com>
> Content-Type: text/plain; charset=US-ASCII
>
> In response to Yaakov Nemoy <loupgaroublond at gmail.com>:
>
> > 2009/9/10 Douglas Green <diego96 at mac.com>:
> > > Hi Group-
> > >
> > > I understand that I'm not consulting an attorney by addressing your
> > > guys, and that your opinions don't constitute legal advice, etc.
> > > Nevertheless, many of you are pretty well informed regarding internet
> > > and The Law. Besides that, you're all pretty sharp.
> > >
> > > Some weeks ago I had a horrible customer experience with an airline.
> > > My issues were completely ignored by customer service, who actually
> > > didn't return email or phone calls. My final step was to register a
> > > domain name and put up a website, documenting the problems I've
> > > experienced with this airline.
> > >
> > > The airline owns "theirname".com.mx, but does not own "theirname".com,
> > > which is owned by some other travel-related company. I was able to
> > > purchase "theirname".us, just in time for them announcing US flight
> > > servce (previously, they only operated within Mexico).
> > >
> > > Today I got a cease/desist letter from a legal firm out of New York
> > > stating that my website is defamatory, and that I must immediately
> > > remove the website content AND give the airline company the Domain
> > > Name!!!
> > >
> > > It's this second point that I'm asking your opinions on- If I own
> > > airline.us, do I have to hand over the DNS to airline.com.mx who
> > > apparently failed to secure the top domain space despite their
> > > "tradename"? As far as the content being defamatory, AFIK if it's True
> > > then it ain't Slander!
> > >
> > > Thanks for your (non-legally binding) input! ;)
> >
> > IANAL here, but asking such advice is potentially illegal to respond
> > to. None of us can give legally binding advice, and anything that we
> > say could set a precedent against you that could backfire. In
> > otherwords, you should really only ask a lawyer these questions. There
> > may be ways out of this situation to your advantage, but i don't want
> > to comment on them too deeply.
> >
> > Generally the rule is that if your domain violates some trademark,
> > they have to enforce it by taking all legal action they can, and that
> > means that they're probably going to get the trademark. As for the
> > content and any other legal liability, and even the fact that another
> > travel related company also uses the same trademark makes this
> > entirely the domain of lawyers. Asking for real advice here is a
> > really bad idea.
>
> Yes! Fleee!!! Hide in your homes!!! Be afraid of your own shadow!!!
>
> What a bunch of bull. In _The_Art_of_Unix_Programming_, Eric Raymond
> makes an excellent point about how people mindlessly flee from legal
> crap by constantly making claims like "I am not a lawyer" and refusing
> to answer legal questions. I agree with him that it's stupid to be
> afraid to discuss it. If you're going to take a stand in this (which
> I think is a bad idea) you'll _need_ a lawyer. However, talking about
> what it makes sense to do with people in general is fine. When the
> law makes it dangerous to discuss this kind of thing in public, we're
> all fucked.
>
> --
> Bill Moran
> http://www.potentialtech.com
> http://people.collaborativefusion.com/~wmoran/
>
>
> ------------------------------
>
> Message: 9
> Date: Thu, 10 Sep 2009 08:53:45 -0400
> From: Christopher DeMarco <demarco at maya.com>
> Subject: Re: [wplug] WiFi Parts Pgh
> To: General user list <wplug at wplug.org>
> Message-ID: <20090910125345.GA27501 at owl.prv.maya.com>
> Content-Type: text/plain; charset=us-ascii
>
> On Fri Sep 4 09:23:16 2009 -0400, James LaSalle wrote:
> > Is there a store in the Pittsburgh/Cranberry area that sells WiFi
> > parts? When the Monroeville Mall hosted "computer shows" there were
>
> I don't know for sure, but the Graybar store over in the Northside
> might have what you need... but don't go tonight unless you like
> Steeler traffic :-)
>
>
>
> --
> Christopher DeMarco <demarco at maya.com>
> IT Director
> MAYA Group
> +1-412-708-9660
>
>
>
> ------------------------------
>
> Message: 10
> Date: Thu, 10 Sep 2009 08:56:24 -0400
> From: Christopher DeMarco <demarco at maya.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID: <20090910125624.GB27501 at owl.prv.maya.com>
> Content-Type: text/plain; charset=us-ascii
>
> On Thu Sep 10 08:37:32 2009 -0400, Bill Moran wrote:
>
> > Yes! Fleee!!! Hide in your homes!!!
>
> Dude! 90% of deaths occur in the home!! Please don't advocate such
> dangerous behavior on this list.
>
>
> --
> Christopher DeMarco <demarco at maya.com>
> IT Director
> MAYA Group
> +1-412-708-9660
>
>
>
> ------------------------------
>
> Message: 11
> Date: Thu, 10 Sep 2009 09:49:04 -0400
> From: Drew from Zhrodague <drew at zhrodague.net>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID: <4AA903D0.2040101 at zhrodague.net>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
> Christopher DeMarco wrote:
> > On Thu Sep 10 08:37:32 2009 -0400, Bill Moran wrote:
> >
> >> Yes! Fleee!!! Hide in your homes!!!
> >
> > Dude! 90% of deaths occur in the home!! Please don't advocate such
> > dangerous behavior on this list.
>
> Oh, Noes!
>
> Post the C&D, Doug. Post your URL on every related website you can
> find. Contact the webmasters, and ask them to post a link. Spread the
> word. Make a stink -- this is what the Internet is for.
>
> This may be a neat topic to discuss with other SEO folks, who may be
> interested in helping (like me, contact me off-list). I do hope yours
> ends up a success story!
>
>
> --
>
> Drew from Zhrodague http://www.pghwireless.net
> drew at zhrodague.net http://dorkbot.org/dorkbotpgh
> http://www.WiFiMaps.com http://www.hackpittsburgh.org
>
>
>
> ------------------------------
>
> Message: 12
> Date: Thu, 10 Sep 2009 10:33:49 -0400
> From: Bill Moran <wmoran at potentialtech.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Cc: Drew from Zhrodague <drew at zhrodague.net>
> Message-ID: <20090910103349.4ee7014b.wmoran at potentialtech.com>
> Content-Type: text/plain; charset=US-ASCII
>
> In response to Drew from Zhrodague <drew at zhrodague.net>:
>
> > Christopher DeMarco wrote:
> > > On Thu Sep 10 08:37:32 2009 -0400, Bill Moran wrote:
> > >
> > >> Yes! Fleee!!! Hide in your homes!!!
> > >
> > > Dude! 90% of deaths occur in the home!! Please don't advocate such
> > > dangerous behavior on this list.
> >
> > Oh, Noes!
> >
> > Post the C&D, Doug. Post your URL on every related website you can
> > find. Contact the webmasters, and ask them to post a link. Spread the
> > word. Make a stink -- this is what the Internet is for.
> >
> > This may be a neat topic to discuss with other SEO folks, who may be
> > interested in helping (like me, contact me off-list). I do hope yours
> > ends up a success story!
>
> It won't if you go that route.
>
> I mean, there's no reason you can't spread the news about what jerks this
> airline are. But, unless you're willing to fork out a bunch of money on
> lawyers, they're going to win the right to take the domain name off you.
> Even if you spend a bunch of money on lawyers, they'll still probably
> win it back.
>
> If you want to keep going the way you're going, I'd buy
> ${companyname}sucks.com, move your hate site to there, then send their
> lawyers a polite apology and an agreement to move the domain to their
> hands. Then document what assholes they are on your new site.
>
> If they bring a slander lawsuit against you, that's a different issue.
> Slander is completely different law than trademark law, and you have
> every right to make your story public if you feel the need. Law will
> uphold their right to keep control of their trademark, however.
>
> Of course, even if you have the right to put up a hate site, they can
> still sue you. Legally, anyone can sue anyone over anything, and if you're
> unable to put up the cash to stand up for your rights, they'll win simply
> by overwhelming you. So be prepared to fight back if you intend to keep
> bad mouthing them. In fact, it's probably worth spending a few $100 to
> talk to a lawyer before you proceed, just to get an understanding of what
> you can say and what you can't.
>
> --
> Bill Moran
> http://www.potentialtech.com
> http://people.collaborativefusion.com/~wmoran/
>
>
> ------------------------------
>
> Message: 13
> Date: Thu, 10 Sep 2009 10:51:56 -0400
> From: Pat Barron <pat at tiderium.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID: <4AA9128C.80005 at tiderium.com>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
> As someone else pointed out, this all falls under the UDRP, which you
> can find here:
>
> http://www.icann.org/en/udrp/udrp-policy-24oct99.htm
>
> If you don't respond to their C&D, their next step (at least, one of
> their next steps) will probably be to file a UDRP complaint.
>
> Based on the circumstances you described, and UDRP precedent, if they
> file a complaint and it gets to an administrative proceeding, you would
> probably lose. You can look at past decisions in such matters here:
>
> http://www.wipo.int/amc/en/domains/decisionsx/index.html
>
> If an administrative proceeding determines that the airline's complaint
> against you is valid, the domain will be transferred to them. There is
> no obligation on the part of the airline, the registrar, or anyone else,
> to reimburse you for your registration fees, or any other expenses
> related to losing the domain name.
>
> The issue of defamation is a separate one, and yes, truth is an absolute
> defense against such a claim. But you really ought to talk to an
> attorney about that one, particularly if they seem to be making noises
> that they truly intend to pursue some kind of legal action.
>
> --Pat.
>
>
> Douglas Green wrote:
> > Hi Group-
> >
> > I understand that I'm not consulting an attorney by addressing your
> > guys, and that your opinions don't constitute legal advice, etc.
> > Nevertheless, many of you are pretty well informed regarding internet
> > and The Law. Besides that, you're all pretty sharp.
> >
> > Some weeks ago I had a horrible customer experience with an airline.
> > My issues were completely ignored by customer service, who actually
> > didn't return email or phone calls. My final step was to register a
> > domain name and put up a website, documenting the problems I've
> > experienced with this airline.
> >
> > The airline owns "theirname".com.mx, but does not own "theirname".com,
> > which is owned by some other travel-related company. I was able to
> > purchase "theirname".us, just in time for them announcing US flight
> > servce (previously, they only operated within Mexico).
> >
> > Today I got a cease/desist letter from a legal firm out of New York
> > stating that my website is defamatory, and that I must immediately
> > remove the website content AND give the airline company the Domain
> > Name!!!
> >
> > It's this second point that I'm asking your opinions on- If I own
> > airline.us, do I have to hand over the DNS to airline.com.mx who
> > apparently failed to secure the top domain space despite their
> > "tradename"? As far as the content being defamatory, AFIK if it's True
> > then it ain't Slander!
> >
> > Thanks for your (non-legally binding) input! ;)
> > -Doug
> >
> > PS- For the morbidly curious: www.volaris.us
> > _______________________________________________
> > wplug mailing list
> > wplug at wplug.org
> > http://www.wplug.org/mailman/listinfo/wplug
> >
>
>
>
>
> ------------------------------
>
> Message: 14
> Date: Thu, 10 Sep 2009 11:28:47 -0400
> From: Michael Semcheski <mhsemcheski at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <c077d2020909100828uda5bdc0g2e8eaffb2430725 at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Thought this story was kind of apropo to today's discussion:
>
> http://arstechnica.com/tech-policy/news/2009/09/can-a-mere-domain-name-be-defamation-glenn-beck-says-yes.ars
>
> Mike
> -------------- next part --------------
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> ------------------------------
>
> Message: 15
> Date: Thu, 10 Sep 2009 11:43:04 -0400
> From: Zachary Uram <netrek at gmail.com>
> Subject: Re: [wplug] DNS law?
> To: General user list <wplug at wplug.org>
> Message-ID:
> <ecfa260c0909100843g49acf192m22af445ad2e9ee03 at mail.gmail.com>
> Content-Type: text/plain; charset=UTF-8
>
> Glenn Beck is insane.
>
> Zach
>
> On Thu, Sep 10, 2009 at 11:28 AM, Michael Semcheski
> <mhsemcheski at gmail.com> wrote:
> > Thought this story was kind of apropo to today's discussion:
> >
> > http://arstechnica.com/tech-policy/news/2009/09/can-a-mere-domain-name-be-defamation-glenn-beck-says-yes.ars
> >
> > Mike
> >
> > _______________________________________________
> > wplug mailing list
> > wplug at wplug.org
> > http://www.wplug.org/mailman/listinfo/wplug
> >
> >
>
>
> ------------------------------
>
> _______________________________________________
> wplug mailing list
> wplug at wplug.org
> http://www.wplug.org/mailman/listinfo/wplug
>
>
> End of wplug Digest, Vol 67, Issue 7
> ************************************
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