'The Deck is Stacked Against Cadenhead'

Jim Ledbetter, writing for the Business 2.0/Fortune blog The Browser, covers MGM's effort to grab Wargames.Com:

Over at Techdirt, they're pretty pessimistic about the little guy's chances: "Given the history of the domain name arbitration game, where the big company almost always wins, the deck is stacked against Cadenhead".

But wait! The Browser is not an attorney, and does not play one on television. But we noticed something curious about MGM's trademark of the term. Although the movie came out in 1983, MGM did not bother applying for a trademark until 2001 -- three years after Cadenhead got the domain. If Cadenhead can prove he acted in good faith, that might be enough of a loophole to let him slay the MGM lion.

News of my predicament also has been Slashdotted, where they're excited to find out there's a WarGames sequel:

This news is a little late, but on November 20th WarGames 2: The Dead Code began filming in Montreal. (I only became aware of the new production when I read that MGM is suing the rightful owner of WarGames.com for his domain name.)

Techdirt shouldn't be so pessimistic about one man's chances to stand up against a heartless corporate behemoth and triumph in the end. Has he learned nothing from the movies?

Udrp · Gaming · Domains · 2006/12/19 · 12 COMMENTS · Link

Comments

I actually just found out about your battle for wargames.com from the Slashdot article you've mentioned. I just wanted to drop by and let you know that there are quite a few people hoping that you ride this out and show MGM that they cannot take the (intellectual?) property of others without a fight. You've got a lot of nerds on your side, hoping that you win this.

#1 · M. Hayes · 2006/12/19

#2 · M. Hayes · 2006/12/19

I'm getting multiple versions of this article in your feed and website.

#3 · Randy Charles Morin · 2006/12/19

This should be a movie, it's a natural--the underdog geek website owner battles it out with the nefarious corporate overlords, and WINS (we hope).

Rocky Cadeboa dukes it out, and beats Apollo Greed.

Maybe your friend Bourne should start writing a script now, before MGM steals the idea.

#4 · Old Possum · 2006/12/19

You registered the domain name YEARS before they trademarked the name? Hole musn't have known that, because this effectively becomes an open-and-shut case. You can't claim someone is trying to capitalize on your trademark... if that someone registered the domain name BEFORE you had the trademark! I guess you could say their attorney's in a Hole lotta shit!

#5 · Bourne · 2006/12/19

I'm getting multiple versions of this article in your feed and website.

Fixed. My code performed terribly today under a Slashdotting. I don't even want to think about what would have happened if it had been Dugg.

#6 · Rogers Cadenhead · 2006/12/19

I might sympathize more with MGM if I thought they had a chance of making a sequel even a tenth as good as the original-- I doubt that they or anyone else can actually pull it off (without at least setting it in the 80's)

Good luck :)

#7 · intepid · 2006/12/19

The problem with arbitration, is that the corporations choose and pay the arbitrator. An arbitrator who rules against the corporation finds that he/she is no longer a desired (or paid) arbitrator.

That's why the corporations love arbitration; cheaper than court and six nines reliability that they'll win.

The pessimism is not baseless.

Good luck to you though.

#8 · vc1 · 2006/12/19

Good luck! And Merry X-Mas.

Jeff Flowers
Orange Park, FL.

#9 · Jeff Flowers · 2006/12/20

Why does good faith matter?

This makes Rogers seem inordinately sexy, if you ask me. A cross between Indiana Jones, Angelina Jolie from Hackers and Ultra Man. By the power of Nerdskull ...

#10 · Uncle Mikey · 2006/12/20

Strange... the rss feed isn't working for this post?

#11 · Bill Travor · 2006/12/20

Fight the good fight - for great justice, otherwise they will answer to the nephews of Islam.

#12 · Nephew Huey · 2006/12/20