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Author Topic: BODOGFIGHT is after me!!  (Read 2184 times)
thewickedtruth
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« on: June 02, 2007, 07:04:25 AM »

BODOGFIGHT S.A is after me in this letter...here is the following story about this and what it pertains to. I recently went out in search of .mobi domain names for purchase in hopes of having resellable domain names for interested companies, etc. bodogfight.mobi was available for purchase on the options menu of domain names when fight.mobi was used as the search criteria. I have not gone beyond purchasing the domain name. The site isn't being used to direct traffic to MY site giving false pretenses that it's associated with bodogfight.com, etc. I purchased the domain thinking that if infact I owned it, they would have to purchase it from me in order to search a .mobi mobile browswer compatible site. Here is the letter I recieved a few days after the purchase. HAHA!

Incident #: 1.8.203
 
Dear person:
 
We write on behalf of Bodog Entertainment Group S.A. ("Bodog").  Bodog owns the BODOG trademark (the ?BODOG Mark?), for which Bodog holds various trademark rights ? including U.S. trademark registration 2,930,682.  The BODOG Mark is well-known and famous; it is used to provide online wagering & gaming services, gaming educational services, as well entertainment properties in various other fields.   The BODOG Mark is used in (among others) the www.bodog.com and www.bodog.net Internet domain names, which are also well known.

 

It has come to our attention that you are currently operating a web site at http://Bodogfight.mobi, a domain name that infringes the BODOG Mark (the "Infringing Domain Name").  You are using the Infringing Domain Name to redirect Bodog's existing and potential customers to the web site for your business purposes. More specifically, you are using the Infringing Domain Name to obtain Internet traffic intended for Bodog, by causing Internet users to mistakenly believe that your web site is associated with, sponsored or endorsed by, or otherwise related to Bodog.



 

Bodog did not authorize your use of the BODOG Mark in the Domain Name.  Bodog is neither affiliated, connected, nor associated with you, and neither sponsors nor endorses your business.  Thus, your unauthorized use of Bodog?s intellectual property may constitute, among other things, trademark infringement, trademark dilution, false designation of origin and cybersquatting ? in violation of various international and U.S. laws, including 15 U.S.C. ? 1125(a), 1125(c) and 1125(d).

 

Bodog would prefer to resolve this matter amicably, if such a resolution can be reached promptly.  To avoid the necessity of Bodog taking additional action to protect its intellectual property, Bodog demands immediate written confirmation that you will comply with the following terms:

1.                  IMMEDIATELY AND PERMANENTLY CEASE USING THE http://Bodogfight.mobi DOMAIN NAME AND ANY OTHER DOMAIN NAME INCORPORATING BODOG?S TRADEMARKS OR ANY VARIANT THEREOF;

2.                  IMMEDIATELY TAKE ALL NECESSARY STEPS TO TRANSFER TO BODOG (OR ITS DESIGNEE) THE REGISTRATION OF THE http://Bodogfight.mobi DOMAIN NAME AND ANY OTHER DOMAIN NAMES WITHIN YOUR CONTROL THAT INCORPORATE THE ?BODOG? MARK OR ANY VARIANT THEREOF, INCLUDING (A) UNLOCKING THE DOMAIN NAME (B) PROVIDING US WITH THE AUTHORIZATION CODE FOR THE DOMAIN NAME; AND (C) SUBSEQUENTLY EXECUTING ANY EMAILS OR OTHER DOCUMENTS TO EFFECTUATE THE TRANSFER; AND

 

3.                  AGREE NOT TO USE ANY NAME, MARK, OR DOMAIN NAME WHICH INCORPORATES THE ?BODOG? MARK OR ANY VARIANT THEREOF, OR INFRINGES ANY OTHER TRADEMARK OR OTHER INTELLECTUAL PROPERTY OWNED BY BODOG.

You must provide us with written assurance that you will fully comply with Bodog?s demands within forty-eight (48) hours of the date of this email.   Should you fail to comply, Bodog stands ready to pursue its available legal options.
 
The demands made herein are not made to the exclusion of other rights or remedies to which Bodog is entitled, and nothing in this letter, nor any act or omission by Bodog, shall be construed as a waiver of any right or remedy possessed by Bodog, all of which are expressly reserved.
 
Your prompt attention to this matter is appreciated.

Best Regards,

Legal Department
Bodog? Entertainment Group S.A.



NOW! The reason I'm putting this out there to question is this. When advised about domain name purchasing, I was told that as long as it's not developed in correlation with another business in hopes of gaining off the sites name to attract customers, it was legit. Example cited was apple.com vs. apple.net. Apple.com goes to Mac/apple products and apple.net is something else entirely BUT both have the same domain name save the application via .com vs .net.   What's the difference between that situation and this one? I haven't developed the site, I haven't advertised it beyond owning it, etc. Should I cave? Or are they bluffing?
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« Reply #1 on: June 02, 2007, 10:14:36 AM »

what could you possibly want to do with that site address?

MAYBE if it was bodog.mobi you could get away with it and build something unrelated, but bodogFIGHT.mobi?

Just accept the $5 loss for domain registry and forget about it.
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« Reply #2 on: June 02, 2007, 11:02:37 AM »

MY RESPONSE to the letter...

BODOG:



I will have no problem what so ever relenquishing the domain name over to bodog if a few questions I have can be clarified to better my understanding of the situation and help alleviate any problem I have caused as soon as possible. Here are the questions I have and would like further information and clarification on.



Operating the website would be considered me taking action to develop or further the business potential of the domain name in question which I have yet to do nor do I have any intention of doing. I have purchased the name through a domain name registration company and haven't pursued the development of the said site any further and again, don't intend to. Which, in the statement issued to me, says I have done so which is infact, false. I would like to ask that the issuing legal dept of this letter please clarify what the term "operate" is considered under law. This is due to the fact that I'm not versed in anyway in this matter or situations similar to this one at all.



What good would it be to obtain internet traffic to a domain name with not website developed in relation to it? There was no intention to devert internet traffic from bodogfight.net or bodogfight.com in the purchase of this domain name. That would be like the UFC saying UFC.net's sole intention was to direct traffic from the UFC.COM's website. Upon searching for the bodogfight.mobi domain name after I purchased it, both of your websites appeared on the found items list when the .mobi domain name was entered in the search criteria. This is what prompted the letter offering the domain name in question to the bodog company. When looking for available domain names for purchase under the fight.mobi search criteria, it came up as a name with bold red letters and highlighted "considerable marketability" beneath it. Which again, prompted the search on the web for the site. Once discovered that there are other websites with the bodog name, I immediately tried to contact bodog about it which I am sure is safe to assume prompted this letter from the legal dept. It seems the reason of this letter was to say that I intended to purchase and ACTIVELY pursued the purchase of the bodogfight.mobi domain name on the sole purpose of attempting to attract attention from bodogfight.com and bodogfight.net and direct internet traffic to MY site name in hopes of gaining off the bodog name. This is infact assumed and not proven. A PERFECT example would be the two websites with the title UFC in them. UFC.COM and UFC.NET are two completely different websites with two completely different products but the UFC name is a registers trademark that deals with the same "products" as bodog does, yet there is a UFC.net that deals with physical fitness. Same can be said with APPLE.COM and APPLE.NET, etc. Numerous sources can be sited directly from the web which is why I'm asking these questions for better LEGAL clarification. The UFC would not have a leg to stand on if they pursued the use of the UFC.NET name in civil court. Attempting to divert internet traffic is nothing beyond interpretation of any particular party.



My next question is about the said intellectual property which I am accused of attempting to profit from. Intellectual property would be defined as and I qoute " A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes." Which would mean that I would have to have any one thing mentioned on my site which is infact NOT present on the .mobi website. There is no literary property, no pictures, logos, associated with BODOGFIGHT.COM OR BODOGFIGHT.NET on the bodogfight.mobi domain name. There is no literary works, defined business practices, patented products, etc associated directly with bodog or LINKS to said products or services ANYTHING affiliated with bodog available on the site.





The sole purpose of my purchasing of .mobi domain names was to have a domain name that a potential buyer or customer might have interest in that would want a domain name formatted to allow interested persons to access their site from mobile web browsers. The reason why this particular domain name was purchased was that once the domain name availability search was finished and options were located, the bodogfight.mobi name was flagged highly marketable and resellable as were others. It wasn't discovered til LATER that there was a bodogfight.com and bodogfight.net. As I stated, i wasn't aware of the two said BODOG SA sites til AFTER the purchase which again, is what prompted the offer of purchasability of my domain name to bodog. The same could be said about the UFC name which has been used as a previous example earlier in this letter. If UFC.com or UFC.net ,two completely different sites, wanted to have a mobile web browser compatible site, they would have to acquire the UFC.mobi name in order to develop a site capable of meeting their requirements. If infact an outside party purchased that domain name AND NAME ONLY, it would infact have resellable value much like any other domain name on the web. If UFC.net or UFC.com wanted to have a .mobi compatible site for THEIR website they would have to purchase the UFC.mobi name OR contact the UFC.mobi owner for possible purchase opportunities. If the UFC.com website wanted the .mobi browser for their site but the UFC.NET website already had it, they wouldn't have the ability to obtain it unless they bought it from them OR attempted to legal acquire in which case it wouldn't go very far because both sites have two completely different products AND aren't there to directly profit from the other's name. Internet users could easily mistake ufc.net for ufc.com when search for UFC products but that can be the case for ANY related .com, .net or .mobi website which, again, I don't see how any court of law could use that as its sole reason to demand the handing over of a domain name alone to someone with a similar domain name in another format.



So my question is, from only owning the domain name, without linking, selling products, or website development in direction correlation to bodog SA, how am I infringing on them? If this question can be answered clearly enough to me for me to understand how I've intended to harm or profit off bodog SA, then I will promptly hand any and all information and forms in relation to the bodogfight.mobi domain name over to bodog SA IMMEDIATELY without further issue or involvement. All I ask is clarification on this matter and nothing further. To say that I intended to profit directly from the bodog SA's intellectual property or site by simply owning a domain name has to be proven. As stated before, the purchase of this domain name WAS for reselling purposes but, only because it was flagged as a potentially marketable and resellable domain name. It was NOT purchased to directly attempt to profit from BODOG SA. If this was the case, ANY and ALL companies with a .com or a .net website that want a .mobi domain name can file against the owner of the .mobi domain name. The laws read with alot of gray area to me since I personally have never dealt with anything such as this.



Again I am very sorry for any misunderstanding and or problems I have caused and hope we can get this situation resolved in no time. Please feel free to contact me at anytime through this email address and I will do anything and everything I can to assist BODOG SA. Yes I purchased the domain name in hopes of profiting from it if any one particular customer or party would be interested in developing a site with it's particular name but, not at any one time during the buying of the said domain name was I aware of either of the bodog websites or was I targeting bodog directly when i made the purchase in hopes of profiting solely from them. HOWEVER, because I did buy it to sell off, once I discovered there was an actual bodogfight.com, I immediately contacted them about it in hopes of coming to some sort of business agreement over the purchase of the domain name. I never once was the purchase of the .mobi domain name intended to be a website designed to sell or profit from any of bodog's business practices, literary works, photos, retail products, etc.



I know this was a rather lengthy response but I wanted to give you guys a response in the alotted time and get things moving in the right direction for the both of us. I hope both parties can come to some sort of agreement or arraingment as soon as possible.



Ryan Johnson
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thewickedtruth
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« Reply #3 on: June 02, 2007, 11:04:53 AM »

what could you possibly want to do with that site address?

MAYBE if it was bodog.mobi you could get away with it and build something unrelated, but bodogFIGHT.mobi?

Just accept the $5 loss for domain registry and forget about it.


Well the reason I haven't is there are a few examples cited in my response letter as to why I'm not just handing over the paper work. All I asked them to do was clarify for me the questions I had. If they can well enough to my understanding, I'll have it done by yesterday. If they can't, then everything accused lays in the burden of proof on their part. All I did was purchase the domain name, I never planned to develop a site off it or confuse people intentionally.
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« Reply #4 on: June 13, 2007, 06:04:44 PM »

There should be no problem with this. Seems they are just upset that they didnt get to it first. They dont want to have to pay out for the url is all. If you havent even developed the site then there is no copyright infringement. The name bodogfight COULD mean many different things to many different people and if you were to develop the site and refer to the name as having a completely different meaning than theirs then there would be absolutely no grounds on which to accuse you. You could have wanted to use bodog as an acronym for all they know!

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thewickedtruth
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« Reply #5 on: June 15, 2007, 05:39:32 AM »

There should be no problem with this. Seems they are just upset that they didnt get to it first. They dont want to have to pay out for the url is all. If you havent even developed the site then there is no copyright infringement. The name bodogfight COULD mean many different things to many different people and if you were to develop the site and refer to the name as having a completely different meaning than theirs then there would be absolutely no grounds on which to accuse you. You could have wanted to use bodog as an acronym for all they know!



I've had two offers for the site already. One for someone wanting to make a police dog memorial fo all the service dogs out there in memory of a dog this gentlemen had NAMED BODOG! Say what? I also had a man out of Arizona offer to buy the name from me to turn it into a pitbull and fighting dog website. I declined to sell it at this point because I didn't want to pass this issue onto someone else just incase.
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trab
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« Reply #6 on: July 03, 2007, 01:37:13 PM »

Thus, your unauthorized use of Bodog?s intellectual property may constitute, among other things, trademark...
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
**Make special Note of the word - MAY constituete... Wink Grin Grin Grin Grin Grin Grin
That letter cost them some coin from the legal dept to send out.
My guess is if they had a "cause of action" (a legal case) They'd a served you papers instead.

Now, question is whats that name  realy worth to you? If it has value over a few Thousand Buck$
I'd consult a good Attorney who works in that area of law.

My gut tells me they bluffing, they are Poker players. Wink

Ive been thru very simmilar letters for "Deffamation, slander, Liable etc" My lawyer pointed out the shit I did.
We got even nastier and got what we wanted, a lot of money Wink.

Punks threaten, big boys dont, they just hit when it comes to lawsuits.
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« Reply #7 on: July 04, 2007, 07:46:31 AM »

point the name at UFC.com, a competitor of theirs.

Then sell them the name if they want it back.

Bodog has beef in the US anyway - i don't konw they can come at you.  They make lots of money but the owner is wanted here, isn't he?
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thewickedtruth
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« Reply #8 on: July 04, 2007, 07:55:02 AM »

point the name at UFC.com, a competitor of theirs.

Then sell them the name if they want it back.

Bodog has beef in the US anyway - i don't konw they can come at you.  They make lots of money but the owner is wanted here, isn't he?

That's what I'm told. They stopped harassing me after my last email. Nothing from them since.
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trab
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« Reply #9 on: July 04, 2007, 08:00:15 AM »

Ask them if they'd like to buy it. Tell them it's YOURS Grin.
I think 240's right on the wanted thing.
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thewickedtruth
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« Reply #10 on: July 04, 2007, 08:11:30 AM »

Ask them if they'd like to buy it. Tell them it's YOURS Grin.
I think 240's right on the wanted thing.
Yep for their online gambling practices. AND I did after they said just GIVE it to me. I was told I was profiting off the name and said according to my log here, I haven't made a damn dime off this so called billion dollar name and I'm 30bucks in the hole after purchasing it. I didn't get a reply back after that.

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trab
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« Reply #11 on: July 04, 2007, 08:14:04 AM »

Yep for their online gambling practices. AND I did after they said just GIVE it to me. I was told I was profiting off the name and said according to my log here, I haven't made a damn dime off this so called billion dollar name and I'm 30bucks in the hole after purchasing it. I didn't get a reply back after that.



The "May constitue" is  what my lawyer pointed out in the similar threatening letters I got.
We got TOTALY ABUSIVE  after that! Grin
He said straight off, if  they had cause, you'd have papers, not a scary letter.
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thewickedtruth
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« Reply #12 on: July 04, 2007, 08:17:44 AM »

The "May constitue" is  what my lawyer pointed out in the similar threatening letters I got.
We got TOTALY ABUSIVE  after that! Grin
He said straight off, if  they had cause, you'd have papers, not a scary letter.

Yep. Which is why I laughed it off. I thought about offering it up to ZUFFA just for kicks to ruffle more feathers.
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trab
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« Reply #13 on: July 04, 2007, 08:33:24 AM »

Yep. Which is why I laughed it off. I thought about offering it up to ZUFFA just for kicks to ruffle more feathers.

My deal was w/ a local developer. So... after the letter I put up a legal size "Political Sign" Grin Roll Eyes

"Meadow Valley residents, Did John Doe tell you The TRUTH?"
 
Next, I put out a Info Mail box w/ handouts, detailing some serious conflicts of intrest & the fact they waz gonna build cracker box shacks next to $500K - $1M luxury Homes. The rich homeowners got REAL Hot...

Oh Man! Talk about pissed. But he couldnt do a damn thing Grin Except write me a check, and tell me to leave.
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thewickedtruth
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« Reply #14 on: July 04, 2007, 08:34:57 AM »

My deal was w/ a local developer. So... after the letter I put up a legal size "Political Sign" Grin Roll Eyes

"Meadow Valley residents, Did John Doe tell you The TRUTH?"
 
Next, I put out a Info Mail box w/ handouts, detailing some serious conflicts of intrest & the fact they waz gonna build cracker box shacks next to $500K - $1M luxury Homes. The rich homeowners got REAL Hot...

Oh Man! Talk about pissed. But he couldnt do a damn thing Grin Except write me a check, and tell me to leave.

HAHA sticking it to the MAN! I LIKE THAT!
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« Reply #15 on: July 04, 2007, 04:33:55 PM »

BODOGFIGHT S.A is after me in this letter...here is the following story about this and what it pertains to. I recently went out in search of .mobi domain names for purchase in hopes of having resellable domain names for interested companies, etc. bodogfight.mobi was available for purchase on the options menu of domain names when fight.mobi was used as the search criteria. I have not gone beyond purchasing the domain name. The site isn't being used to direct traffic to MY site giving false pretenses that it's associated with bodogfight.com, etc. I purchased the domain thinking that if infact I owned it, they would have to purchase it from me in order to search a .mobi mobile browswer compatible site. Here is the letter I recieved a few days after the purchase. HAHA!

Incident #: 1.8.203
 
Dear person:
 
We write on behalf of Bodog Entertainment Group S.A. ("Bodog").  Bodog owns the BODOG trademark (the ?BODOG Mark?), for which Bodog holds various trademark rights ? including U.S. trademark registration 2,930,682.  The BODOG Mark is well-known and famous; it is used to provide online wagering & gaming services, gaming educational services, as well entertainment properties in various other fields.   The BODOG Mark is used in (among others) the www.bodog.com and www.bodog.net Internet domain names, which are also well known.

 

It has come to our attention that you are currently operating a web site at http://Bodogfight.mobi, a domain name that infringes the BODOG Mark (the "Infringing Domain Name").  You are using the Infringing Domain Name to redirect Bodog's existing and potential customers to the web site for your business purposes. More specifically, you are using the Infringing Domain Name to obtain Internet traffic intended for Bodog, by causing Internet users to mistakenly believe that your web site is associated with, sponsored or endorsed by, or otherwise related to Bodog.



 

Bodog did not authorize your use of the BODOG Mark in the Domain Name.  Bodog is neither affiliated, connected, nor associated with you, and neither sponsors nor endorses your business.  Thus, your unauthorized use of Bodog?s intellectual property may constitute, among other things, trademark infringement, trademark dilution, false designation of origin and cybersquatting ? in violation of various international and U.S. laws, including 15 U.S.C. ? 1125(a), 1125(c) and 1125(d).

 

Bodog would prefer to resolve this matter amicably, if such a resolution can be reached promptly.  To avoid the necessity of Bodog taking additional action to protect its intellectual property, Bodog demands immediate written confirmation that you will comply with the following terms:

1.                  IMMEDIATELY AND PERMANENTLY CEASE USING THE http://Bodogfight.mobi DOMAIN NAME AND ANY OTHER DOMAIN NAME INCORPORATING BODOG?S TRADEMARKS OR ANY VARIANT THEREOF;

2.                  IMMEDIATELY TAKE ALL NECESSARY STEPS TO TRANSFER TO BODOG (OR ITS DESIGNEE) THE REGISTRATION OF THE http://Bodogfight.mobi DOMAIN NAME AND ANY OTHER DOMAIN NAMES WITHIN YOUR CONTROL THAT INCORPORATE THE ?BODOG? MARK OR ANY VARIANT THEREOF, INCLUDING (A) UNLOCKING THE DOMAIN NAME (B) PROVIDING US WITH THE AUTHORIZATION CODE FOR THE DOMAIN NAME; AND (C) SUBSEQUENTLY EXECUTING ANY EMAILS OR OTHER DOCUMENTS TO EFFECTUATE THE TRANSFER; AND

 

3.                  AGREE NOT TO USE ANY NAME, MARK, OR DOMAIN NAME WHICH INCORPORATES THE ?BODOG? MARK OR ANY VARIANT THEREOF, OR INFRINGES ANY OTHER TRADEMARK OR OTHER INTELLECTUAL PROPERTY OWNED BY BODOG.

You must provide us with written assurance that you will fully comply with Bodog?s demands within forty-eight (48) hours of the date of this email.   Should you fail to comply, Bodog stands ready to pursue its available legal options.
 
The demands made herein are not made to the exclusion of other rights or remedies to which Bodog is entitled, and nothing in this letter, nor any act or omission by Bodog, shall be construed as a waiver of any right or remedy possessed by Bodog, all of which are expressly reserved.
 
Your prompt attention to this matter is appreciated.

Best Regards,

Legal Department
Bodog? Entertainment Group S.A.



NOW! The reason I'm putting this out there to question is this. When advised about domain name purchasing, I was told that as long as it's not developed in correlation with another business in hopes of gaining off the sites name to attract customers, it was legit. Example cited was apple.com vs. apple.net. Apple.com goes to Mac/apple products and apple.net is something else entirely BUT both have the same domain name save the application via .com vs .net.   What's the difference between that situation and this one? I haven't developed the site, I haven't advertised it beyond owning it, etc. Should I cave? Or are they bluffing?



I own Bodogfight.ws and they haven't contacted me or anything, not that it would do them any good. How did they know you had it
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« Reply #16 on: July 05, 2007, 07:12:29 AM »


I own Bodogfight.ws and they haven't contacted me or anything, not that it would do them any good. How did they know you had it


because of alot of recent .mobi publications about it becoming the next big .com, I bought it up when it said highly marketable and a few days later got a letter. Must've been marketable enough that they tried to get it and found out after the fact. I wouldn't sweat it vince. Not at the moment anyway.
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« Reply #17 on: July 05, 2007, 06:55:28 PM »

I don't think I like 240's advice but it would piss them off and move them to act if they are serious.  Nevertheless it's not good to make people mad when $$ is involved.  Here's the good news.  They can't sue you for owning the domain even if they have a claim to it.  They have to file an ICANN lawsuit and it's a pain in the ass, here's a link to read about it: http://www.icann.org/udrp.  The precedent case is Madonna vs whoever to get madonna.com

Play hardball, don't respond to them other than F You if you want it I'll sell it to you or you can file an ICANN suit to get it back.  Let them be the ones to cave in.  You may make some cash on this one.  If they file a URL dispute against you then turn it over to them and you'll be out some chump change, no big deal.
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« Reply #18 on: July 05, 2007, 07:02:53 PM »

Sometimes pissing them off is the best strategy, theey loose they cool and reasoning.
You stay cool at all cost is key. I bent those land barrons over big time.
Most ppl go broke suing in that position. The signs and shit I put up cost me a couple hundred $'z.
Yeah, need spend some on lawyers , so that ya dont go too far, but threats like he's gettin are
chump. Fact is Dog is prolly broke and hiding from extradition to the states.
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