KTM.COM Domain Dispute

[RJ]

Domain Dispute

Cycle Hutt owners Justin and Tammy Bohn sell KTM bikes, parts and accessories over the Internet. They bought the domain www.ktm.com last fall for $80,000.

The Austrian company KTM now wants the rights to the name -- and has stripped the Bohns of their dealership rights.

KTM attorney Thomas Muzilla declined to comment.

The matter is going to UDRP now.

The Bohns say they've hired an attorney and will fight to keep the domain name.

 

[Nintwa]

Thats really sucky that those people lost their rights to sell and everything, Really, Why can't the company find some other domain name instead of being really mean about it... they had it first... so let them keep it. Grr, Some companies get me so mad.

 

[KingDon]

Talk about whipping your workers, This story should be circulated and we should start a ban on KTM products. This is truly evil, I will save this story. I have never heard of a company back stabbing their re-sellers like this. I hope these guys pay millions in damages for their greed.

 

[RajanUrs]

imo: kind of stupid to pay so much and not expect a dispute to follow...most companies have strict policies towards dealers for use of trademark and names.

 

[RJ]

I expect that KTM is going to lose the dispute. Seems like the dealer had a legitimate use for the domain and was not using it in bad faith.

I'm sure KTM probably had a problem compensating them for the $80k they paid for it.

 

[kohashi]

Thats horrible. Keep us updated. I want to see those people keep their domain.

 

[Miyavi]

Originally posted by Nintwa
Thats really sucky that those people lost their rights to sell and everything, Really, Why can't the company find some other domain name instead of being really mean about it... they had it first... so let them keep it. Grr, Some companies get me so mad.

Well said, Nintwa.
-Well said.

 

[Acroplex]

That's plain stupid. I expect the case to be in favor of KTM Austria. It's like being an XBOX reseller, registering XBOX.com and not to expect Microsoft to come and whoop your ass!

BTW funny name, Thomas Muzilla :D

 

[RJ]

Originally posted by timechange.com
That's plain stupid. I expect the case to be in favor of KTM Austria. It's like being an XBOX reseller, registering XBOX.com and not to expect Microsoft to come and whoop your ass!

The xbox reseller would have legitimate rights to the domain too. It's not always UDRP's job to decide who has more rights to a domain name, just to decide if the current owner is not using the name in bad faith.

I remember a similar case with WeberGrills.Com, decision was for the domain holder because they were an official distributor of the product.

http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0187.html

 

[RJ]

And the domain holder, Cycle Hutt, has won. Good for them!

The complete UDRP proceeding
http://www.arbforum.com/domains/decisions/155894.htm

Here's a news story about the case

http://www.bismarcktribune.com/articles/2003/07/16/news/local/nws02.txt

Now Cycle Hutt is suing KTM for terminating their licensed dealer status.

 

[Nintwa]

Originally posted by -RJ-
And the domain holder, Cycle Hutt, has won. Good for them!

The complete UDRP proceeding
http://www.arbforum.com/domains/decisions/155894.htm

Here's a news story about the case

http://www.bismarcktribune.com/articles/2003/07/16/news/local/nws02.txt

Now Cycle Hutt is suing KTM for terminating their licensed dealer status.

Good for them! I hope they suck KTM dry, grr, evil KTM.

 

[KingDon]

This is a great turn in the road for Cycle Hutt. I hope they do well with their law suit, they deserve to be compensated for their troubles. I hope the jury sends a strong message to big business that you can't bully entrepreneurs like this. Cycle Hut had the vision to see the possibilities and took the risk. KTM only saw it when the numbers hit their sheets. Thanks for the update RJ, there is some justice in the world. And I hope the guy from KTM who said "lets get it back this way" gets fired for being such a fiendish manipulative scum bag!