I've had some whiskey, and I've been thinkin'.

Not with a Bang, but with a Whimper

Wherein Gaijin Entertainment curls up and blows away.

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,

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 Public Citizen, 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 At the end of the month, if there has been no activity, the complaint is automatically withdrawn (though without prejudice – meaning it can be refiled), and a certain percentage of the fees are returned to the complaining party.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After another few weeks, the URDP suspension period expired and the complaint was automatically withdrawn.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.

Comments on Not with a Bang, but with a Whimper

  1. 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. great, you took their intellectual property. Someone should buy every variation of jorm and brandon harris and tell you to sit and spin when you complain. good for you loser

  3. Considering how they treat their player base it is not the least bit surprising…The only intent I can see after playing WT for 2 years is an almost mystical ability to find ways to try and part people from their money while never delivering on a single promise…Really a sorry ass group that runs that company…

    1. I just left the game also. I had hit the point where repairs cost more than I was making, tired of freakish magical kill shells hitting my tanks, tired of never having enough money to purchase into the third tier…because of repairs, and tired of training my crews up, and still having the small early tanks that wobbled like drunk drivers even when trained. I am, to be blunt, poor, so there was not going to be any money coming from me. So I hit the fun in/fun out wall and the fun from the game went down. I’m not one that is to proud to walk away from sunk cost, even when the cost was just time.

      I might have to pull a book out and start reading. The horror.

      1. Agreed, BTW Don’t you think the T-34 is too overpowered? Oh I love driving a Sherman Jumbo and rampage with 105mm HE gun!

    2. Not much has changed except now they want you to pay to test new vehicles before they get to the public. Nerfing and cheating still running rampant in the game.

  4. Russian pricks…I am glad you won. I tried their game out and there are better ones out there. Since you apparently can’t say anything about Putin in their game without a ban, I guess I can say it here. He can sit and spin also. Actually, I don’t want to get into politics. I really just want to say congrats on winning. Keep up the good fight.

  5. I am so glad that this website took up the name as it is already a common word ! :D
    Before finding this article I found out that Gaijinent name for their website was really cool!
    It’s funny because when obstacles are on the way, oftenly original ideas comes up when common things are already used.Thats creates an identity :)
    All in all that was funny to read especially the last line that had me smiling a little :)

    Also I’m pretty sad to see some xenophobic statements in the comments without a constructive approach. Sad to see that and politcal dialogue in a world where legal actions are…. legal and common when that happens (I will not mention EA, Rockstar, Microsoft, Apple, Google & co controversies… and not target any particula country with some xenophobic statements, I will keep that civil! :) )
    But yeah, glad that everything is sorted out!

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