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Not with a Bang, but with a Whimper

It has been a while since I’ve posted and I figure it’s probably time to explain what happened with regards to the attempts by Gaijin Entertainment to forcibly obtain my domain, gaijin.com.

The answer is, unsurprisingly, that I won. However, it ended not with a bang but with a whimper.

The fight was over in November of 2013 and I could have written about it then but decided to hold off in case there was any further legal trickery that required attention.

After serving me with a Universal Domain Name Dispute Complaint, I found myself to be luckily connected with Paul Alan Levy and Citizens United, who decided to take my case. There was a series of emails that went back and forth between the counsel of Gaijin Entertainment and my own counsel, all of which were entertaining to read.

Paul told them “no, nothing doing, and we’ll be going to court if you persist.” At this point, Gaijin Entertainment’s legal team opted to “suspend” the UDRP complaint. Suspension of these complaints lasts for one calendar month, during which time parties are expected to come to a settlement. At the end of the month, if there has been no activity, the complaint is automatically withdrawn (though without prejudice – meaning it can be refiled), and a certain percentage of the fees are returned to the complaining party.

Eventually, Gaijin Entertainment offered a “settlement” agreement, which effectively read as follows:

  • I, and all successors of the domain, recognize and acknowledge Gaijin Entertainment’s ownership and rights to the trademark “Gaijin”, worldwide;
  • I, and all successors of the domain, agree not to challenge the trademark;
  • I, and all successors or the domain, agree not to seek registration of the trademark “gaijin”;
  • I enter a confidentiality and non-disparagement agreement regarding Gaijin Entertainment;
  • I agree to place a prominent disclaimer on my website pointing visitors to the Gaijin Entertainment website;
  • And that the agreement would be binding to all successors of the domain.

Unsurprisingly, our response was akin to “sit and spin”. The language was stronger, however. I’ll leave it as an exercise to the reader to guess the precise vocabulary.

After another few weeks, the URDP suspension period expired and the complaint was automatically withdrawn.

I’ve heard nothing since.

Hopefully now I’ll be able to write more without fear.

Posted in Life, Topical, Whatever. Tagged with .


3 Responses

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  1. Teksura says

    If they try anything again, send them a counter offer in which:

    Gaijin Entertainment acknowlges that you have owned your website longer than they have even existed.

    Gaijin Entertainment agrees to stop attempting legal bullying, harassment, or other forms of thuggery over something they clearly have no ground over.

    Gaijin Entertainment agrees to display a notice on their website and all future games they produce explaining to people that they are basically dicks and thought they could usurp a domain which existed before they did under phony trademark claims.

    Or, alternatively.

    Brandon Harris will agree to trademark the word “and”, and Gaijin Entertainment will pay him $1 per of offense of use of this trademarked word in all of their games writing, and code.

  2. they deserve to be Gaijillas says

    Nice Man!
    I hope they stay away from you now. I wonder what parts of their bodies they use to think xD
    They need to change their domain name for Gaijilla.com, that suits there behavior
    [youtube http://www.youtube.com/watch?v=x6kw-aOlQ18&w=300&h=200

Continuing the Discussion

  1. Not with a bang, but with a whimper. | To Game For Life linked to this post on March 6, 2014

    […] Today I finally remembered to check the gaijin.com website once again. ┬áIt seems it was a victory again for the little guy – Not with a bang, but with a whimper. […]



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