It's Miller time!

[timechange]

Millers Fight For Family Domain on Web
http://www.intelligentx.com/newslett...h7_050202.html


"It's Miller Time" is a popular slogan used by Miller Brewing Co. to market its lager, but it was the Miller family of San Mateo County that had first dibs on the phrase as an Internet domain.

Repeated efforts by the Milwaukee brewer to force the family to give up millertime.com prompted Mark Miller and his family to file a complaint against Miller Brewing in U.S. district court.

The Millers want the court to block the National Arbitration Forum from forcing them to give up the domain name, which they've owned since 1995, according to register.com.

Miller Brewing has held a federal trademark on the phrase "It's Miller Time" since 2001 and "Miller Time, Miller Beer" since 1993, and has used variations of the saying to market its brews since 1972, giving the company a common law trademark, said spokesman Scott Bussen.

"We understand that the Miller family is trying to create a family Web site here, but we would hope that they would have understood as well that this is an integral part of our business and that we have invested a considerable number of years making that phrase mean something to people," Bussen said.

Calls and e-mails to Mark Miller and his attorney were not immediately returned Tuesday

[tribby]

I heard about that too. If the guy owned miller.com I think he would have a chance... but millertime.com? He can kiss that domain goodbye

[tekygonnabe]

Is it just my naivity or does Mark Miller not stand a snow balls chance of keeping this domain?

I say this based on the fact that Miller Brewing Company owns the trademark of "millertime" since 1993. (2 years prior to Mark registering the name)

If Miller Brewing Co, can not prove their arguments... (and I for one, think they can and will) in reality it is nobodies fault except for their own... It is not like they could not afford to buy up any domains which they felt they may use... OR owned trademarks of... the trademark certainly cost them more than a measly domain name anyhow...

Such is life - in this big ole world

[timechange]

eBay 'politely' asked me to relinquish the domain BiddingBay.com

I can't stand legal arm twisting so I kissed it goodbye.

[tekygonnabe]

Just out of curiosity... when that type situation arises, what happens?

Are you just out a domain?

OR

Do they at least reimburse your cost?

Signed - Curious George

[EHG]

Originally posted by timechange

eBay 'politely' asked me to relinquish the domain BiddingBay.com

I can't stand legal arm twisting so I kissed it goodbye.

eBay wanted a domain you had registered and you gave it up for zip zero nothing no $ less then pocket change as in pauper ???????? :sick: :sick: :sick:

I could comprehend that if you had registered eBey or something similar, one might even have some moral qualms over something so sinister(?)

HOWEVER

BiddingBay.com does not relate to eBay anymore then timechange relates to hourlychange - two different things!

I take it you have never heard of nuisance value?? If a large corp wants something and the only way they can achieve that (even then they do not hve a 100% guarantee of success) is through litigation - they almost always will make an offer of $15,000 - $25,000 U.S.
for anything even if they are reasonably sure that they would be successful in court simply because the litigation will cost them substantially more then that. If the outcome of the litigation could go either way then they most likely could be negotiated to a much higher sum - depends on how bad they want whatever it is that they want.

As far as your costs are concerned should it go to litigation - there are very agressive attorneys out there who if they felt you had a GOOD change of prevailing in the case would take it on a contingency basis - cause if eBay were to bring suit and lose they would be subject to costs and damages and those can be substantial.

As for millertime - they don't stand a chance - if they wern't schmucks they probably could have settled for allot more then $25k -- bet they could have got $100k and a lifetime of free brewsky's.

[timechange]

Originally posted by tekygonnabe
Just out of curiosity... when that type situation arises, what happens?

Are you just out a domain?

OR

Do they at least reimburse your cost?

Signed - Curious George

No reimbursement, SOL. $8 anyway

[tribby]

I got a letter about mikrosopht.com. I ignored it, and havent heard anything about it since.

The reason why companies jump over domains (like eBay jumping on biddingbay.com) is for their own legal protection. If, say, eBay was in court against bidbay.com, bidbay's lawyers could say "well, eBay didnt take legal action again biddingbay.com, so why should their legal action against us carry any weight?"

[timechange]

Originally posted by EHG


eBay wanted a domain you had registered and you gave it up for zip zero nothing no $ less then pocket change as in pauper ???????? :sick: :sick: :sick:

I could comprehend that if you had registered eBey or something similar, one might even have some moral qualms over something so sinister(?)

HOWEVER

BiddingBay.com does not relate to eBay anymore then timechange relates to hourlychange - two different things!

I take it you have never heard of nuisance value?? If a large corp wants something and the only way they can achieve that (even then they do not hve a 100% guarantee of success) is through litigation - they almost always will make an offer of $15,000 - $25,000 U.S.
for anything even if they are reasonably sure that they would be successful in court simply because the litigation will cost them substantially more then that. If the outcome of the litigation could go either way then they most likely could be negotiated to a much higher sum - depends on how bad they want whatever it is that they want.

As far as your costs are concerned should it go to litigation - there are very agressive attorneys out there who if they felt you had a GOOD change of prevailing in the case would take it on a contingency basis - cause if eBay were to bring suit and lose they would be subject to costs and damages and those can be substantial.

As for millertime - they don't stand a chance - if they wern't schmucks they probably could have settled for allot more then $25k -- bet they could have got $100k and a lifetime of free brewsky's.

Unfortunately I can't risk fighting a giant like eBay at courts etc. They successufully sued BIDBAY.com and the owner had to pay a hefty penalty. So, screw it.

[timechange]

Originally posted by tribby
I got a letter about mikrosopht.com. I ignored it, and havent heard anything about it since.

The reason why companies jump over domains (like eBay jumping on biddingbay.com) is for their own legal protection. If, say, eBay was in court against bidbay.com, bidbay's lawyers could say "well, eBay didnt take legal action again biddingbay.com, so why should their legal action against us carry any weight?"

LOL unfortunately they did. They even sent me a screen capture of the news from Yahoo.

[grumpydog]

I have a nasty habit of 'selling' problem domains to someone in the Philippines. No one has continued after them (yet).

[timechange]

Originally posted by grumpydog
I have a nasty habit of 'selling' problem domains to someone in the Philippines. No one has continued after them (yet).

ROFL
Good one.