Comments on: Just Asking for a UDRP from the NBA http://www.elliotsblog.com/just-asking-for-a-udrp Domain blog featuring domain investing strategy, domain valuation, and domain development commentary from Elliot Silver, founder of Top Notch Domains, LLC. Thu, 09 Feb 2012 21:08:42 +0000 hourly 1 By: Tym B http://www.elliotsblog.com/just-asking-for-a-udrp#comment-5727 Tym B Fri, 29 Aug 2008 16:22:57 +0000 http://www.elliotsblog.com/?p=1007#comment-5727 Understood. But, first of all it's an injustice for anyone to claim NBA branding in the generic phrase "thunderbasketball". Second, maybe he has a backyard basketball team that he wants to promote? Maybe he thinks some of his boys are NBA material? Maybe he just has a dream of doing one of the above sometime in the future? If we can't secure our assets under these conditions then we have no better property "rights" than Cuba. <strong>***UPDATED BY ELLIOT***</strong> Totally agree, but he shouldn't have Adsense with NBA ads, as that is treading on the potential trademark. Understood.

But, first of all it’s an injustice for anyone to claim NBA branding in the generic phrase “thunderbasketball”.

Second, maybe he has a backyard basketball team that he wants to promote? Maybe he thinks some of his boys are NBA material? Maybe he just has a dream of doing one of the above sometime in the future?

If we can’t secure our assets under these conditions then we have no better property “rights” than Cuba.

***UPDATED BY ELLIOT***

Totally agree, but he shouldn’t have Adsense with NBA ads, as that is treading on the potential trademark.

]]> By: Tym B http://www.elliotsblog.com/just-asking-for-a-udrp#comment-5725 Tym B Fri, 29 Aug 2008 11:54:50 +0000 http://www.elliotsblog.com/?p=1007#comment-5725 I appreciate what you are saying, as well as the reality of recent UDRP rulings. However, this does not make it "right". An individual registers a domain name years prior to some basketball or football (or whoever they are) team deciding to invent their new brand - and this person is expected to hide in fear? Are you kidding me? That's ridiculous! If someone happened to invent the business name "Walmart" in 1920 and then 5 years later a guy named Sam decides to call his business "Walmart" he doesn't just get to take it from the person. Sam has the option of negotiating an agreeable purchase price if he wants to own and use that name throughout a specified region. Let's start standing up for what's right and defending our property! <strong>***UPDATED BY ELLIOT***</strong> If the NBA (or anyone else) wants it, the guy doesn't need to advertise that it's for sale - they will find him. With the way the UDRP system works, he is just asking for trouble. If he wanted to create a brand, he shouldn't put his brand at risk by allowing advertising that could be considered infringing (the Adsense advertising NBA-related things). If he had a reason for registering it (other than selling it), now - well several months ago - would be/have been a good time to make the reason clear. IMO, it's a generic domain name to an extent, but as I've seen, UDRP is about the domain's usage - or non-usage. Don't complain to the messenger. I appreciate what you are saying, as well as the reality of recent UDRP rulings. However, this does not make it “right”.

An individual registers a domain name years prior to some basketball or football (or whoever they are) team deciding to invent their new brand – and this person is expected to hide in fear?

Are you kidding me? That’s ridiculous!

If someone happened to invent the business name “Walmart” in 1920 and then 5 years later a guy named Sam decides to call his business “Walmart” he doesn’t just get to take it from the person. Sam has the option of negotiating an agreeable purchase price if he wants to own and use that name throughout a specified region.

Let’s start standing up for what’s right and defending our property!

***UPDATED BY ELLIOT***

If the NBA (or anyone else) wants it, the guy doesn’t need to advertise that it’s for sale – they will find him. With the way the UDRP system works, he is just asking for trouble.

If he wanted to create a brand, he shouldn’t put his brand at risk by allowing advertising that could be considered infringing (the Adsense advertising NBA-related things). If he had a reason for registering it (other than selling it), now – well several months ago – would be/have been a good time to make the reason clear. IMO, it’s a generic domain name to an extent, but as I’ve seen, UDRP is about the domain’s usage – or non-usage.

Don’t complain to the messenger.

]]> By: Bill Hartzer http://www.elliotsblog.com/just-asking-for-a-udrp#comment-5714 Bill Hartzer Thu, 28 Aug 2008 18:54:47 +0000 http://www.elliotsblog.com/?p=1007#comment-5714 I would be surprised if they used the word "basketball" in their domain name. How many professional sports teams out there use "basketball" or "football" or "hockey" in their domain names? Cowboysfootball.com just doesn't sound right. Maybe it should really be cowboys.com. Wait...let's not go there. Seriously, though, I would expect them to buy thunder.com (which now redirects to thunder.net) or maybe for a while it will be a subdomain like thunder.nba.com. I would be surprised if they used the word “basketball” in their domain name. How many professional sports teams out there use “basketball” or “football” or “hockey” in their domain names?

Cowboysfootball.com just doesn’t sound right. Maybe it should really be cowboys.com. Wait…let’s not go there.

Seriously, though, I would expect them to buy thunder.com (which now redirects to thunder.net) or maybe for a while it will be a subdomain like thunder.nba.com.

]]> By: Adam http://www.elliotsblog.com/just-asking-for-a-udrp#comment-5711 Adam Thu, 28 Aug 2008 17:38:19 +0000 http://www.elliotsblog.com/?p=1007#comment-5711 Most people who have domains like this guy don't even know what UDRP means or that what they are doing is against the terms of contract they agreed to when purchasing the domain. Add to it the thousands of people who register political domains, olympian domains, etc, etc. Most of them have no clue what they are doing. Just look at the DNN story on Obama domains. . . I've been deleting comments left and right on that article from people selling Obamathisandthat.com domains all week. Most people who have domains like this guy don’t even know what UDRP means or that what they are doing is against the terms of contract they agreed to when purchasing the domain. Add to it the thousands of people who register political domains, olympian domains, etc, etc. Most of them have no clue what they are doing. Just look at the DNN story on Obama domains. . . I’ve been deleting comments left and right on that article from people selling Obamathisandthat.com domains all week.

]]> By: Scott http://www.elliotsblog.com/just-asking-for-a-udrp#comment-5709 Scott Thu, 28 Aug 2008 17:14:19 +0000 http://www.elliotsblog.com/?p=1007#comment-5709 a few months ago I talked to a bitter guy that had a Seattle blog and he was rallying his readers to purchase every possible domain name the new team could be interested in. That way they could request money from the new team or just prevent them from getting it all together. His true words. I informed him that this wasn't the proper way to protest and that it would easily be seen as bad faith, especially considering that he blogged about it ahead of time. He was "100% sure" that what he was doing was ok and that it's "first come first serve" to those names. I told him that actions like that give all domainers a bad rap, but he could care less. a few months ago I talked to a bitter guy that had a Seattle blog and he was rallying his readers to purchase every possible domain name the new team could be interested in. That way they could request money from the new team or just prevent them from getting it all together.

His true words.

I informed him that this wasn’t the proper way to protest and that it would easily be seen as bad faith, especially considering that he blogged about it ahead of time. He was “100% sure” that what he was doing was ok and that it’s “first come first serve” to those names.

I told him that actions like that give all domainers a bad rap, but he could care less.

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