For Lease 2 domains which hold the following meaning
Olympics or Olympic Games
One is in simplified and the other in traditional chinese.
奥运.ws (xn--hus697j.ws) - Simplified Chinese 奧運.ws (xn--jus609j.ws) - Traditional Chinese
You do not need to purchase these domains but can take advantage of them with a lease until December 31 2008
Remember with the olymics to be held in Beijing China during August 2008 this is your opportunity to ride the wave. There is also no doubt that in future years the chinese will travel in huge numbers to subsequent games.
Offers to w.fredrickson[at]wlr.com.au
[This post has been edited by hekler on May 30, 2007 5:28pm.]
Now you've changed direction. Shown not to understand either trademarks or how trademark law is applied you've decided to become an expert in WIPO decision making - so if you want to go down that tract lets go there.
Many claims in regard to domain name ownership do not even get past the first part of the process because many claimants have no understanding of their rights and most think because they own a trademark in the UK for say tennis racquets they have exclusive rights to it worldwide. Remember the key to nearly every dispute is the 3rd and most important criteria of the UDRP - use in bad faith. Imagine if the sole criteria was a name - you could not have sites such as fordparts, fordforums etc etc .
The reasons that most complaints that succeed do is that the claimant was able to prove 1. The registrant has no true interest in the domain other than to deprive the claimant the right of use of said domain. (Cyber-squatting) 2. The registrant is deceiving the community as a whole and it was always that registrants intention to do so. (Fraud) 3.The registrant is doing harm to the claimant situation. (Malicious)
All bad faith provisions.
As for the IOC or any of it's national offshoots - they have lodged very few claims and in fact have sought to purchase domains that they feel they want to control. On several occasions while attempting to purchase domains the registrants have attempted to “blackmail” the IOC to pay excessive amounts leading to complaints. Yes they have lodged 7 complaints to WIPO (though 2 are really initial .biz STOP claims) over the last 7+ years not some massive amount as you imply. Lets quickly look at these.
usolympicstore.com and other similarities on 3 occasions which where registered on or nearly on the day of announcement of stores of this name being opened by the American Olympic Committee – with a name like that it definitely was for the purpose to deceive the public.
olympiccommittee.com – just the name says it all - definitely for the purpose to deceive.
olympic.tv – This was purchased to create a site critical of the IOC – malicious bad faith.
Olympic-brand.com – If this is not deceptive I don’t know what is
bcolympic2010.com (and various other close associated names from the one respondent) - where registered on or nearly on the day of an announcement of the next host plus the respondent attempted to extort $2000 per name from the IOC - The registrant has no true interest in the domain other than to deprive the claimant the right of use of said domain. (Cyber-squatting)
olympic.biz & olympics.biz both where handled under STOP not UDRP and neither where contested.
Today we did a quick search of domain names containing the word OLYMPIC with up to 5 other characters (such as olympichost.com) and we found over 970 examples not owned by the IOC or it’s national associates. (I used Olympichost.com as that is the term used for the host city). many of these have been in place for over 5 years and because they do not infringe under any test other than name they are left alone as they should be.
You registered these domains in bad faith with no intentions other than to sell them on to someone for a profit. You had no intentions of using them in any way except to make a profit.
Clear examples of bad faith registration are not hard to come by--they are exactly the situation the UDRP was designed to address, and any number of cases fall squarely within the 4(b) enumerated circumstances. More interesting are the less clear cases, in which panels go beyond the enumerated factors in reaching their decisions. In Educational Testing Service v. TOEFL (toefl.com) D2000-0044, the Panel inferred bad faith registration from bad faith use, even where the Respondent's only use was an offer to sell the disputed domain name on a public Internet auction site. The Panel reasoned that because the Respondent did nothing but offer the domain name for sale, the registration was for that sole purpose. The Panel wrote: "As there is no evidence on the record that Respondent has undertaken any act regarding the disputed domain name other than to offer it for sale, the Panel infers that the offering for sale was Respondent’s purpose for the registration. If the Respondent’s offer for sale is determined to be in bad faith, then the registration will also be deemed to be in bad faith."
I see you didn't take up the challenge to ask for an appraisal on any of the IDN forums. Why not?
In reply to aiofe's question, if both IDNs are variants of each other (one is the traditional version and the other is the simplified version) only one can be registered (either the traditional version or the simplified version). Both domains cannot be registered at the same time.
Thus, only one of these domains may be registered.