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From "Ron Katcher" <ronkatcher@hotmail.com>
Subject Re: A Request For Help.
Date Mon, 26 Mar 2007 08:59:05 -0400

[Part 1 text/plain iso-8859-1 (3.1 kilobytes)] (View Text in a separate window)

Hi John,

I am an attorney and, while this is not my speciality per se, I do have an 
IT/IP-focused practice.  If there is any relief to be had, it will likely 
center around the trademark rights you and your band have in the name 
"Milkshake Jones."

The Anti-Cybersquatting Consumer Protection Act 1999 allows trade mark 
owners to prevent third parties registering, using or trafficking in domain 
names, identical or similar to or dilutive of their trade marks, where such 
use is in bad faith or with an intent to profit. Trade mark owners can apply 
to the Courts for the forfeiture or cancellation of the domain name or for 
the domain names to be transferred back to them.

Also, ICANN (Internet Corporation for Assigned Names and Numbers) has a 
domain name dispute resolution process which can be invoked relative to 
cases where a domain name has been registered that is confusingly similar to 
a trademark or service mark in which the the complaining party has a 
recognizable right. See http://www.icann.org/udrp/udrp.htm.

Good luck,

Ron


----- Original Message ----- 
From: "Ron Sanchez Career Records" <eldeluxe@bridgeband.com>
To: <audities@smoe.org>
Sent: Monday, March 26, 2007 1:12 AM
Subject: Re: A Request For Help.


> You are probably out of luck for that domain name. I had the same thing 
> happen... My domain company never notified me that it was about to expire. 
> When I tried to lean on them they just blew me off. The people who bought 
> it wouldn't give it back... I just changed my domain to 
> Donovans-Brain.net.
>
> Check and see if you can use a dash(-) or .net, .org, .tv  one of those 
> should be available. Just register for a long term next time, and use a 
> good company like Gandi... they always notify me...
>
> It might take a while for you to build your traffic back up. If you have a 
> good site and a good site host, you should be able to sort it out. It 
> takes a while for the web crawlers to find you and rank you, but how many 
> milkshakejones can there be?
>
>
>
> Popdude@aol.com wrote:
>
>>J. Micek:
>> <<I know we've got at least one lawyer in the bunch, so I'm hoping  you 
>> guys (and gals) can help me out with something.  Earlier this year, I 
>> inadvertently let the Milkshakejones.com domain name expire. When I went 
>> to  renew it, I found, to my horror, that it had been squatted on by some 
>> guy from  the Ukraine who's now offering it for sale for US$2,000. I'm 
>> not sure what my  intellectual property rights are, and I'm kind
>>of nervous about contacting  him directly (what with there being a Russian 
>>mob, and all). Any advice at all  would be most welcome.  Thanks, John 
>>Micek, Milkshake Jones>>
>> Ever consider changing the name of the band to Milkshake Smith?
>> John B.
>>
>>
>>
>>************************************** AOL now offers free email to 
>>everyone. Find out more about what's free from AOL at http://www.aol.com.
>>
>>
>
> -- 
> Ronald Sanchez
> Director Of A&R
> Career Records <http://www.careerrecords.com>
> Donovan's Brain <http://www.donovans-brain.net>
> 


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