Really there's no difference. I think the owners are entirely at the mercy of BMC's legal department. And as much as I like BMC I know legal departments think in ways different than the rest of us... Keep in mind that Daniel Bloom and the other similar owners of Remedy-related domains have (to the best of my knowledge) not only created a great relationship with BMC/Remedy over time but they provide value to the customers. And BMC is not likely to touch that (shutting down the arslist would be the single biggest PR mistake I can think of BMC making actually - #2 involves the word "Peregrine"). However - someone taking over a domain and starting a new site should be informed of the risks. It simply isn't worth it in most cases. You can own the domain without much risk but as soon as you put up content the challenges you face are complex - a few to consider: 1.) Is there a clear line between commercial and non-commercial use? 2.) Is there any way you can guarantee a user of a community site (for example) won't defame BMC? Would you want to moderate every comment? I actually know a guy who went through this here's a quote from him, sanitized: "Don't do it - it's NOT %...@#%#@$@ worth it." All he had to do was comply with the C&D order - he didn't even get sued.
William Rentfrow Principal Consultant, StrataCom Inc. wrentf...@stratacominc.com O 715-592-5185 C 715-410-8056 ________________________________ From: Action Request System discussion list(ARSList) [mailto:arsl...@arslist.org] On Behalf Of Rick Cook Sent: Wednesday, June 24, 2009 11:04 AM To: arslist@ARSLIST.ORG Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed Internet Domains for Sale or Lease ** William, I agree with you about the FTC restrictions, but how is "Remedy<insertword>.com" different than "Arslist.com"? Don't they both refer to trademarked product names? I don't think anyone anticipates BMC sending Dan a C&D letter about the ARSList, but from a legal perspective, it seems that they could if they wanted to. It probably boils down to whether they think it would help or hurt them. Never forget that lawyers often don't think like the rest of us... Rick On Wed, Jun 24, 2009 at 8:51 AM, William Rentfrow <wrentf...@stratacominc.com> wrote: ** The FTC forbids using registered trademarks in domain names for commercial websites unless you are the owner of the trademark. Period. If you use one of these it is quite possible (no idea how likely...) you would get a registered, hand delivered piece of mail telling you to cease and desist, courtesy of BMC's legal department. This does not apply to non-commercial usage. Let's say you grabbed "Remedyusergroup.com" domain though to put up a national user group. For any of use who make our living in the Remedy-related world you would have a very hard case showing the split between where you earned your living and where you didn't make any money off of this - especially if you had your corporate website in your signature like mine below. Furthermore, the entire problem - even if it was sorted out to your advantage - would probably involve the other party's lawyers, government lawyers, and your own lawyers. The costs alone could easily sore into the six figures in a very short period of time. For me the use of any trademark I do not own is an unnacceptable risk. Using the Scott Adams equation: A bad idea is any idea with a limited upside and a huge potential downside. William Rentfrow Principal Consultant, StrataCom Inc. wrentf...@stratacominc.com O 715-592-5185 C 715-410-8056 ________________________________ From: Action Request System discussion list(ARSList) [mailto:arsl...@arslist.org] On Behalf Of Sanford, Claire Sent: Wednesday, June 24, 2009 9:59 AM To: arslist@ARSLIST.ORG Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed Internet Domains for Sale or Lease ** If Remedy had remained a stand alone company, those prices MAY be justified. As it is... he has been paying to maintain the domain names for however long he has had them for no real reason. I understand that Bing is a well known and respected member of the Remedy community, but what he is asking for the names is extreme for something that is in a sense being "retired" in the corporate naming world. I would be willing to bet that in the next 4 or 5 years, the name "Remedy" will disappear for "BMC" whatever. We are the Cult Of Remedy, not BMC! ;) Claire ________________________________ From: Action Request System discussion list(ARSList) [mailto:arsl...@arslist.org] On Behalf Of Daniel Bloom Sent: Wednesday, June 24, 2009 9:10 AM To: arslist@ARSLIST.ORG Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed Internet Domains for Sale or Lease ** Hi Susan, Exactly my point, he should just hand over the .org URLs since they are theoretically non-commercial in nature. ... Daniel ________________________________ From: Action Request System discussion list(ARSList) [mailto:arsl...@arslist.org] On Behalf Of Susan Palmer Sent: June 23, 2009 10:36 PM To: arslist@ARSLIST.ORG Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed Internet Domains for Sale or Lease ** I do own www.RemedyUserGroups.com <http://www.remedyusergroups.com/> which Matt hosts and uses for all user groups that are interested. Matt does all the work !! Susan On Tue, Jun 23, 2009 at 8:48 PM, Daniel Bloom <danielbl...@rogers.com> wrote: ** Hi Bing, Well instead of being a cyber capitalist come on down to WWRUG09 and auction off the URLs and donate the proceeds to charity. Hmm, RemedyUserGroup.org, think that is really ARSlist and WWRUG?? (or perhaps Matt Reinfeldt would like to claim it since he hosts a bunch). Hand it over bud :-) ... Daniel ________________________________ From: Action Request System discussion list(ARSList) [mailto:arsl...@arslist.org] On Behalf Of Bing Sent: June 23, 2009 10:07 AM To: arslist@ARSLIST.ORG Subject: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed Internet Domains for Sale or Lease ** Over the past few years ITM3 California has quietly amassed a collection of Remedy-themed internet domains. But since our business is growing in decidedly non-Remedy areas, we've decided to sell or lease most these domains. Some of the more interesting .com domain names include: RemedyAdministrator.com RemedyAdviser.com RemedyAdvisor.com RemedyConsulting.com RemedyDeveloper.com RemedyInsider.com RemedyIntegrator.com RemedyPartner.com RemedyPros.com Current asking price is $500 lease per year per domain of your choice, or $2,500 for purchase. The entire bundle is currently priced at $2,000 lease per year, or $9,000 for purchase. (Considering the additional revenue/margin you could produce using these domain names using a clever marketing plan, your return on investment should be in weeks, not years.) At one time we also planned to create a national Remedy User Group registry and quietly acquired the following "premium" .org domains: RemedyUserGroup.org RemedyUsersGroup.org Current asking price is $4,000 lease per year for both domains, or $19,000 for purchase. (Imagine the marketing power and prestige of being able to create a national register of local user groups! Rarely does such an opportunity fall in your lap.) -- Bing Bradford Bingel ("Bing") b...@itm3.com (email) 925-260-6394 (mobile) p.s. Apologies in advance to anyone offended by this blatantly capitalistic message. And if you're really offended, call and I'll describe the discounts and complimentary services we provide to non-profit organizations, and the charitable donations we give to non-profits and higher education each year. _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _Platinum Sponsor: rmisoluti...@verizon.net ARSlist: "Where the Answers Are"_ _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org Platinum Sponsor:rmisoluti...@verizon.net ARSlist: "Where the Answers Are"
