Re: Domain Name Disputes With American Express

Subject: Re: Re: Domain Name Disputes With American Express

Comments:
: : : : Below is my recent experience involving Domain Name Disputes over the following two domain names: : : AMEXACTIVITY.COM : : AMEX-ACTIVITY.COM : : The facts are too voluminous to list here, but anyone who is interested can get all of the details and facts at the following Web site. : : http://www.ejacking.com/ : : In summary: : : The law firm, Leydig, Voit & Mayer, representing American Express, sent a letter making accusations of AntiCybersquatting, trademark violations, etc., and threatened legal action if the 2 domain names were not relinquished. : : NOTE: All correspondence between the law firm and myself can be found at the Web site listed above. : : After much research and background work I challenged. After several months (July to November 2000), I received an email and letter acknowledging that there was no violation. : : What is the problem? As a small business owner I had to completely suspend all revenue generating work to battle with American Express and its law firm. And, this is exactly what I feel is the strategy for some large companies, i.e., you give in, or fight at a cost that most small businesses can not afford. : : Lesson learned -- At this stage of the game some of my thinking tells me that I did the right thing by fighting back. The other, and realistic side of the coin, tells me my business suffered a lot more than I had anticipated. I may have won the battle at the cost of loosing the war. I.e., let my business fail for a lack time to devote to that business and the opponent, i.e., American Express in this case, picks up my domain name holder rights by default if my business fails and cannot pay the next renewal fee? : : I am interested in seeing how many others that can be located who may have had this or a similar experience with American Express. : : Thanks for your time, : : Dear Mr. Baker, : There is law and there is reality. Insofar as I am aware, for the existence of human endeavor, there has never been true fairness. : The law may be equitable, but access to the law is not. The cost of being right is so often more than the righteous can afford. : The cost of the law is even an expense to the lawyer. : Where equals oppose then justice it more likely to be righteous. Where there is inequality, short of mass rebellion, it is hard to prevail. : In recognition of this we have created the Reality Check (sm). The purpose is to be available before the innocent start their joust with the wind mills. : Elaine' Workshop (sm) E arly Legal A dvice I s N ot E xpensive, is the best way I know not to get caught in the trap, that you have survived. : A look at the domain names crys out for caution. The American Stock Exchange is another source of danger to the adopted AMEXACTIVITY. The American Stock Exchange has long been known as the AMEX. : With a Reality Check (sm) and Elaine's Workshop (sm), we would not have sanctions what you did, even if you were right. : I don't mock you, and feel the deepest sympathy to your reality. If Don Quixote had a Reality Check we would have been deprived of some of the worlds greatest literature. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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