Comments on: Jimmy Buffett Needs His CheeseburgersInParadise.com

By: Andrew

Andrew — Wed, 30 Jul 2008 21:22:35 +0000

Don’t know of anything that would cause it to be re-evaluated, but it wouldn’t be anything under UDRP that I know of.

By: steve

steve — Wed, 30 Jul 2008 20:20:11 +0000

YES, you must be psychic!
I can’t believe you knew how it would turn out before the panel made a decision.

But, stay tuned. It seems there is an issue that “may” cause this to be reavaluated immediately…so, if you already know something about this, please let me know!

By: Andrew

Andrew — Wed, 30 Jul 2008 20:07:58 +0000

Update: As expected, Margaritaville Enterprises won this case.

By: Andrew

Andrew — Thu, 26 Jun 2008 18:52:42 +0000

Steve, most of these panels find ‘bad faith’ very easy to find, and they often contradict each other. I’ve seen a lot of cases that should have gone one way go the other…so we’ll just have to see what happens.

And yes, you definitely shouldn’t reveal anything here…

By: Joe Trademark

Joe Trademark — Thu, 26 Jun 2008 15:49:34 +0000

Can you trademark a common phrase?
Can you trademark a song title years after publication because you believe their is value in naming a restaurant. If it had so much value as a restaurant name how come I’ve found listings of these so named restaurants closing. Likewise I was told by a CIP manager the Outback is trying to sell the chain to MI.
Checkout Cheeseburger in Paradise in HI, a restaurant by the same name.
Read the case history on-line if you are so inclined.

By: steve

steve — Thu, 26 Jun 2008 15:26:09 +0000

Thanks for your time and I love the challenge, but am hesitating to mention a few things as I DO NOT want the legal team to have advanced nnoticed if monitoring the web…BUT, bad faith is hard to prove, i was seeking a simple return of investment to move on. And yes i am familiar with the slogan, but a song is not trademarkable…and, when i registered MT DOMAIN NAME, there was no such thing as the restaurant (start up) called Cheeseburger in Paradise.

By: Andrew

Andrew — Thu, 26 Jun 2008 15:10:10 +0000

They have to prove three things.

1) Similar to trademark – as 99% of the time, they’ll get this.

2) respondent has no rights or interests – it would be a stretch to convince them of your rights and interests, although you’re making a good effort

3) registered and used in bad faith – they’ll show your plan to auction it on eBay is bad faith. If you really bought it to promote your “cheeseburgers in paradise”, you wouldn’t be selling it. I understand your circumstances have changed, but they’ll point out there’s no way you couldn’t be familiar with the slogan.