I've been debating actually getting in on this...and I know I probably
shouldn't...so here goes (i do'ed it anyway...).

Are you seriously going to sue these guys?

The resemblences are superficial at best...your site was obviously
professionally done, theirs was (well looks) thrown together by a
self-taught web-site wannabe...probably a band member.  Regardless, the
color schemes match and the frame pixel sizes match so maybe he did copy
those items from your site, but I guess I would have been flattered rather
than offended.  They are definitely in no way in competition with you, nor
do they seem to have wholesale copied text, graphic images, or anything
else...does this really put you guys out so much that you are going to court
over it?

-bryanw
HalfPriceNames Domain Registry
http://www.halfpricenames.com/

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Spy OpenSRS Mail
Sent: Wednesday, November 28, 2001 4:25 PM
To: Michael Schultheiss; [EMAIL PROTECTED]
Subject: RE: UDRP - the copyright spin ...plus our own headache


It seems a ton of people have replied, however your questions was...

"How is this fair?"

To answer the fairness question, it isn't. It is not meant to be. If a
remedy is in order, your client would need to spin this into a damages or
more specifically a copyright issue. Even then, they need to take this up in
a civil court.  Not criminal for copyright.

We ourselves are dealing with an idiot that copied our site design.
Compare:

http://www.speedtheband.com to http://www.spyproductions.com/

Yesterday I began a suit against the owner on behalf of our company and I
had to use a local "federal" court using code 802. The filing fee alone was
$150.00.  This was not a civil matter.  We just want this bozo to take the
site down.  His ISP is not cooperating.  I've learned from this that if we
want our filing fees and damages that we need to go civil.  F that.  Who has
the money to waste?

So you're client would be best off contacting the new owner and trying all
means necessary to get his domain back without legal means.  Other than a
contract for transfer of ownership.

Moral of the story ...the thief has all the rights, not the victim.  God
bless America. Only here. You wonder why people go postal. Like I said, good
luck.

Regards,
Lars

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Michael Schultheiss
Sent: Wednesday, November 28, 2001 2:53 PM
To: [EMAIL PROTECTED]
Subject: UDRP


My client had a domain name that was allowed to expire due to
circumstances beyond their control.  It has since been reregistered by
someone with no obvious connection to the domain and it has since been
pointed at a pornographic website.  My client is not opposed to
following the UDRP procedures to regain control of the domain but if I'm
reading it correctly, my client will have to pay approximately $2000 to
WIPO or one of the 3 similar organizations and if they win, they can do
whatever they want with the domain and the only punishment the current
registrant will face is loss of the domain.  How is that fair?


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