Microsoft хочет отобрать домен

Dear Mr. ***:
Our firm represents Microsoft Corporation (“Microsoft”) in trademark and domain name matters and
we are writing to you in connection with the domain name <***> which was registered by you
on May 21, 2013, the same day that Microsoft announced its new generation of XBOX, called XBOX ONE.
I am hopeful that the explanation below will assist you in understanding the legal issues related to your
ownership of this domain name.
When this domain name was registered, you agreed to be bound by the terms of the Uniform Dispute
Resolution Policy (“the UDRP”) which provides for arbitration of any disputes relating to the registration
and use of domain names that incorporate third party trademarks. Microsoft owns numerous
trademark registrations for the famous XBOX® trademark around the world. We have obtained many
decisions in favor of Microsoft in connection with the registration of domain names that include our
client’s XBOX® trademark. Additionally, a number of ICANN panelists have found that XBOX is a wellknown
or famous mark. See Microsoft Corporation v. Mickaël Newton c/o (P), FA 1332788 (Nat. Arb.
Forum, Aug 21, 2010); Microsoft Corp. v. Bingo Holdings c/o Shun Wang, FA 1324672 (Nat. Arb. Forum
June 18, 2010); Microsoft Corp. v. Party Night, d/b/a Peter Carrington, Case No. D2003-0501 (WIPO
August 18, 2003); Microsoft Corp. v. Phayze Inc., Case No. D2003-0750 (WIPO November 13, 2003); and
Microsoft Corp. v. domain for sale etvtelevision @ hotmal.com 111.221.444, Case No. D2003-0938
(WIPO March 1, 2004).
For those cases where Microsoft has been required to file a UDRP complaint against third parties that
have registered and used domain names that incorporate Microsoft’s XBOX trademark, those decisions
have uniformly resulted in orders for the transfer of the disputed domain names to Microsoft. Please
see Exhibit A which is a list of UDRP decisions involving the XBOX mark in domain names. You should
also be aware that there are a number of decisions where bad faith has been found when the domain
owner registered the disputed domain name shortly after announcements or rumors of a new product
(called opportunistic bad faith). See, e.g., Microsoft Corporation v. Haiyue Tang, FA 1446970 (Nat. Arb.
Forum, July 19, 2012)(finding that the registration of the domain name on the same day that press
published rumors about Microsoft’s newest product showed Respondent’s bad faith in registering the domain name <xboxsmartglass.com>); Microsoft Corporation v. Jordin Barth/Instacards, FA 1473274
(Nat. Arb. Forum, January 14, 2013)(finding Respondent’s registration of the disputed XBOX domain
names shortly after the product was announced shows Respondent’s bad faith). We are certain that if
we are required to file such a complaint in connection with this domain name, a similar result will occur.
We are, of course, hopeful that this action will not be necessary.
We are writing to you in order to obtain your cooperation in a voluntary transfer of this domain name to
Microsoft. Please respond to this letter no later than 12:00 pm CST on June 12, 2013 and let me know
that you will cooperate in the requested transfer. Absent a satisfactory response, we may need to
move forward with a UDRP complaint against you.
I look forward to hearing from you as requested.
Sincerely,
Molly Buck Richard
cc: Microsoft Corporation