What is it about domain-name ownership? I mean, it’s quite simple to me, if you buy it, you own it – right? Not according to some people! You see, not so along ago we were approached by Manches Solicitors, lawyers acting for the JRR Tolkien Estate and other Tolkien Interests. Their initial ‘beef’ with us was copyright infringement, specifically the offering for download copies of a large number of their client's poems and maps at http://www.planet-tolkien.com. This was fair enough and we immediately responded by removing the offending articles with a swift apology. You would think that would be enough right?
I mean, after all Planet-Tolkien.com is nothing more than a free Tolkien resource providing thousands of fans with a home to discuss and enjoy their favourite author’s work and lifetime accomplishments. We even provide free weekly Tolkien History courses to those who wish to attend, so no one can really question our intentions on a commercial premise. However, the Tolkien Estate who we originally mistakenly thought to be our friend didn't stop there! They wrote back again, and this time they requested we hand over one of our domain-names!
“We have also discovered that you have registered the domain name www.tolkien.org.uk (although the website attached to the domain name is not active).”
“Our client believes that you have registered the domain name in "bad faith", with an intention to use its name for your own financial gain (either directly or via advertising revenue) or in the hope of selling it to our client for more than the administrative costs incurred by you. It is, therefore, an abusive registration within the meaning set out in the Nominet DRS.”
The best bit had to be…
“In addition, this is a well known mark and we cannot see how you could hope to show that any use you might put the domain name to could be a "good faith" use.”
Excuse me? You cannot see how we might put the domain to use in good faith? What is Planet-Tolkien.com? Do we not have over 60,000 Tolkien fans visit us everyday, enrich them with quality factual content and with little need persuade and show them how J.R.R Tolkien is one of the best authors to date? Bar the fact that 24 hours a day, 365 days a year we are advertising his books which you happen to make money from? Do you see us jumping on our high horses and asking for something in return? NO!
I replied to Manches Solicitors about the domain dispute and told them where to go, in fairness they didn't continue their complaint to Nominet DRS.
Thinking this was just one bad egg I ignored the experience realising that it’s almost impossible not to go through life without meeting at least one a***. However, this is not the case it seems, at least not for me -- another even bigger a*** of an egg has come along, this time in the form of Addleshaw Goddard, lawyers acting for Warner Bros Entertainment Inc, New Line Productions Inc and The Saul Zaentz Company. And, if you haven’t guessed already it is again in relation to another domain dispute! These people just don’t get it do they, just because they didn’t think to register it first doesn’t give them the right to get all bitchy because someone else did! Tough! Too late and bad luck is all I can say to you. It’s no good throwing your money at over paid soliciting firms to steal it back for you, take me to court! I want to go to court so someone can actually stand up to you and tell you where to go. I mean, what is the world coming to?
So anyway, as I was saying, Addleshaw Goddard sent me a lovely PDF writing their concerns about our registration of the domain http://www.shiremail.com. Evidentially because it has the word “shire” in it, they believe they have the right to own it. Erm, okay, yeah I think that’s true and I will hand the domain right over to you, NOT (That was text based sarcasm). I quote for your enjoyment:
“The SHIRE name therefore is well-known in the UK and elsewhere, to readers of the Lord of the Rings books (and others) and the goodwill in the name has been achieved through sales of such books”
“The incorporation of the SHIRE name into a domain name by you is a misrepresentation to the public that the domain is connected to the Lord of the Rings books and/or films. In particular, the registration by you of the domain name constitutes a representation to persons who consult the Whois register that you are connected to or associated with the name registered and thus the owner of licensee of the goodwill in the name, which of course you are not. We would refer you in this regard to the decision of the Court of Appeal in British Telecommunications plc & Ors V. One in a Million limited & Ors [1999] 1WLR 903, and in particular to the judgment of Lord Justice Aldous at 920D-F and the following….” Blah blah and so it went on…
(I would just like to issue a public warning to all residents living in the shires of Buckinghamshire, Oxfordshire etc etc... They may need to consider carefully the use of the word "Shire" in any correspondence to which the public may have access as this could leave them open to legal action. Especially if you have read any of J.R.R Tolkien's works - This comes with a special warning to owners of Shire horses, as of course, there were horses in the books too! and there are rumours that Addleshaw Goddard may be considering purchasing some stables?!)
So once again I wrote back an e-mail to these lovely lawyer folks telling them I will see them in court and expected to hear no more of it. Well, today I was around my friends flat when I got a phone call on my mobile from a private number… I bet you can’t guess who it is, go on guess, I will count a bit, or put a bit of paper over the line below and see if you get it right…
It was ………………………….. Addleshaw Goddard!
Did you get it right? I bet you did! A friendly Gentleman going by the name of Nick Hanbidge asks me if I am who he was looking for and continues to query my intentions of whether or not I intend to hand the domain over to them, which I said no. He then instructed me that this was likely to end up with me being taken to court and I kindly replied with “good”, of which we then had to have a five minute conversation of why I was looking forward to going to court before he confirmed once again I had no right to the domain.
By the way Mr Handbidge, making anonymous or abusive phone calls is a criminal offence under section 43 of the Telecommunications Act 1984. The actual wording for the category you fall under is:
sends, by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character:
Menacing? Why you can say that again! I was positively sobbing when I got off the phone and literally didn't know what to do with myself.
Well, I just wanted to clear this up for you Addleshaw Goddard, Warner Bros Entertainment Inc, New Line Productions Inc and The Saul Zaentz Company. Shiremail.com is not related to Tolkien in any way other than the fact that I created it and own it, and I also own Planet-Tolkien.com. The only relation here is that I started Shiremail.com so it could financially support Planet-Tolkien.com, being a free website with a large member base those bandwidth bills come in and they hit hard and often. So excuse me for fighting for Tolkien fans everywhere to have a daily updated, fun, content rich and staff managed Tolkien resource for FREE. But unlike some punks I am not all about money, greed and monopolizing the world. There are some people about who are actually content with just doing things for free and enjoying the simple things in life, like me.
So once again, just to make it clear. No you cannot have the domain-name, yes I will see you in court. Now p*** off and leave us Tolkien fans alone.
In Fellowship,
Tarrant Costelloe
Webmaster of Planet-Tolkien.com
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