Comenté antes que el farmacodependiente psicotico David Guttmann dijo que le dijeron que tenia el posibilidades de ganar. En respuesta al correo que escribi hace unos dias, bajo mi correo de WK(conocido ya por ICANN), recuerden el caso sortdomain, recibi esta respuesta.

Hi Alfonso, sorry for the delay but i was busy last days.

In few words: No the first, yes the second. Reasons are the same.

For a UDRP panel, are four relevant points:

[url=http://www.icann.org/en/dndr/udrp/policy.htm]http://www.icann.org/en/dndr/udrp/policy.htm[/url]

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

Case 1: They Cannot win a lawsuit around that.
(i) You are not selling the domain , and dont offer that in first place. They are not competitor, and if you say is not your plan selling, you are safe (and AFAIK he have not a registered trademark about a CMS, the product he promote are with other brand, then have not rights as a trademark and only can have chance if you create a CMS called nahual)

(ii) If they have not the mark registered, and you have the nahual.org, simply this dont apply. I suggest you to mention the pattern of the porn sites he buy, the pattern is not yours.

(iii) You only need have a valid reason to purchase and nahual.org mirror is one.

(iv) Dont Apply. I suggest you to make a disclaimer in first page, linking to the death threaths mails.

Case 2: The domains Mr Guttmann Purchases.

(i) circunstances indicating that you have registered or you have acquired the domain name primarily for the purpose of [color=#00FF00]selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark

He try to use that as a ransom. Then, was purchased of bad faith. Apply of the .com.mx and the porn sites. [color=#00FF00]DONT MATTER what he do later with the sites. Their Emails are the only proof you need and are enough.

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

Yes, are 6 domains and form the pattern.

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

Yes, he purchase only disrupting personal life and business (rojointenso.com.mx)

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

Yes, the mails you send to me in the [url=http://www.amenazasdemuerte.com/archivos/]http://www.amenazasdemuerte.com/archivos/[/url] are enough proofs of attempt to confussion attempts, and impersonating of your rojointenso trademark , forum and personality.

If need other thing, please seek me. I take note of your suggestions for the ICANN meeting, I can take an evening to taste the chocolate and churros =)

Carol.

—