* * * * The statements below are my opinions only, and are to the best of my recollection * * * *
I thought that I would update my situation status, as this issue has not been resolved and this is a matter to be resolved outside the forum. But, I did feel that some of you may be curious, so here goes.
Despite one threatening phone call from a solicitor that didn’t know US Federal Law (JD Sallen VS Corinthians specifically – which gives domain owners the right to push Domain cases to the US Federal Court of Appeals), the history of my domain, much less his own client’s information, I have seen nothing to make me believe that there is any intention to pursue litigation, WIPO or otherwise. I know that there were some comments about why being in the US makes a difference. Believe me, it does. ICANN and WIPO list this information, as well as the US Federal Court of Appeals (US precedent above). I am only stating this because I know that there are Americans here in the forum and this is information that protects us from foreign companies trying to unjustly steal our domains and traffic by exercising false threats and non-applicable trademarks domestically and abroad.
As well, their US trademark is still not in effect, their Assignment of Ownership has been granted and now they have filed a Trademark Electronic Application System (TEAS) extension, which grants them another 6 months to sign their Assignment Of Ownership. Why not exercise the ownership of your trademark? Once you get your Registration number, which you quoted in your Cease and Desist that does not apply since it is for “The Word” only, you can exercise your trademark. I am sure that there are lots of domains with your company name in them, of course it’s not mine.
Here is the bottom line.
You guys were man enough to come on here and post your “Push to Assert IP Rights”, now be man enough to either start litigatation precedings or admit that you have no intention of pursuing anything.
I don’t know about you but I have 5 years to file suit against you in US Federal Court under the US Statute of Limitations with respect to Cease and Desist letters.
I am very sorry that I had to post this, but your Solicitor will not respond to me otherwise.
Thanks to all and I would appreciate any and all viewpoints.
* * * * The statements above are my opinions only, and are to the best of my recollection * * * *