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anyone know much about the gamecube.com dispute?

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jag5311's picture

They have: 202 posts

Joined: Jan 2002

Just wondering, i know back about a year ago or more, an individual bought the domain gamecube.com before Nintendo got their hands on it. He planned on making it into a gaming website, not for profit, but as a community for gamers to come and meet. I do not know whether he knew nintendo was going to name their product gamecube or not. For a long time he had the page linked with ALLCLICKS or (clickheretofind.com) so he would get paid when people clicked his enter button. Now, if you go to the site, it goes to Nintendo gamecube site. So obviously Nintendo won the dispute, because they took the guy to court. I wanted to know if anyone knew any info or where to find out about this situation. Its sad that in todays society, just because someone owns a particular name, some small business owner or whatever can't even use it, even when there plan is in no way affiliated with the copyrighted company. I completely understand if someone creates a website based on that companys name and tries to be commercial or profitable off their name, but when the domain has nothing to do with the copyrighted version, that is borderline rediculous. its just a bunch of high paid corporate idiots trying to push the little guy down. I actually read a court document that stated a dispute over the parents of a child who owned the domain veronica.org and the owners of Archie Comics or whatver tried to sue them because they said they owned the name veronica. I mean, what the hell.

Busy's picture
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He has: 6,151 posts

Joined: May 2001

If the guy had the name before they brought out the product they wouldnt win in a court battle, my guess is it either expired or the guy sold it to them.
As for finding info - sorry wouldnt know where to start looking, maybe ask around some gamecube chat sites? becareful thou as i'm sure your going to get some bad apples/time wasters/people claiing to be them ..

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They have: 1,589 posts

Joined: Mar 1999

well, that guy was pretty free with info about his site and dispute with nintendo. therefore, it's pretty clear to me he sold it to them with a nondisclosure clause in the sales contract, he can't talk about it.

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Jaiem's picture

They have: 1,192 posts

Joined: Apr 1999

IMO (not a lawyer) I agree with Busy. If the guy owned the name before the game came out if I were on the jury I'd side with the guy.

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They have: 14 posts

Joined: Feb 2002

Copyrighting has nothing to do with anything...
You can only copyright an idea not a name...

So...If you get a website called GameCube.com before any business or idea happens that is fine... But, if you don't trademark the name, and a company comes out with the name GameCube...and they trademark it... well, you are out of luck.

The laws protect trademarks...

Suzanne's picture

She has: 5,512 posts

Joined: Feb 2000

Yes, but you can prove previous use -- it's valid even if you don't have a registered trademark.

Smiling Suzanne

They have: 14 posts

Joined: Feb 2002

However, most people that own websites don't have the money to compete with billion dollar companys in lawsuits... so, you will almost alway's loose.