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US BANK FIVE STAR SCREWED
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In early March 2002, lawyers for US Bank verbally demanded that we dismantle this Web site, and
transfer title to the top-level Internet domain we owned (us-bank.biz) to USBancorp. When we requested that they put their complaint in writing, they stated that they would file a federal trademark infringement lawsuit against us, in Minnesota.
On March 28, 2002, we were served with notice of an ICANN "Restrictions Dispute Resolution Policy"
(RDRP) complaint, filed by US Bancorp, regarding our use of the domain name "us-bank.biz" in association with this Web site.
The complaint stipulated some technical issues concerning restrictions on usage of .biz domains,
but primarily focused on an alleged trademark infringement, and asserted that our use of this domain was in "bad faith".
On April 29, 2002, U.S. Bancorp filed a second complaint, this time an ICANN "Uniform Domain
Name Dispute Resolution Policy" (UDRP) complaint, regarding our use of the non-restricted domain name, "u-s-bank.info" in association with this Web site.
US Bancorp claimed that "us-bank.biz" and/or "u-s-bank.info" were 'identical to or confusingly similar'
to US Bank's official domain name, "usbank.com", and that they own the rights to any placement of the words "us" and "bank" in proximity to each other.
USBank alleged that this Web site was not a non-commercial fair use of the domain name, and that
our "intent" is to "disrupt the business of a competitor" and to mis-lead consumers by diverting them from the bank's official Web site. Strangely, USBancorp's lawyer even argued against himself, on the one hand claiming that "us-bank.biz" was improperly being used for non-commercial purposes
while at the same time arguing that "u-s-bank.info" was improperly being used for commercial
purposes.
The depth of USBancorp's distaste for this Web site was illustrated, in the text of their complaint, by
their reference to this Web site as "one-sided" and "insipid", containing "incredulous descriptions of certain disputes" with the bank. They also referred to my "maniacal opinions" expressed on this site. I think this may reveal the real purpose behind their domain name complaints: They really don't like having my story out in the public domain, and they also probably dislike having a clearinghouse like this for public information about how they have allegedly conducted themselves in the recent past. This Web site contradicts their marketing claims that they are a 'customer friendly' bank, and also would seem to contradict public statements they have made about they way they conduct business:
"The management of the Company is committed to and has always maintained and enforced a philosophy of high
ethical standards in the conduct of its business"; From U.S. Bancorp 2000 10-K annual report filing.
Could it be that the people running this company truly believe that someone who stands up to them
and tells them that they are wrong, or that their conduct has been unacceptable, is "maniacal"? Could it be that they believe that the concept that customers have a right to be treated fairly and with respect is "maniacal"? You decide who the real "maniacs" are.
We responded to their complaints, presented some good legal arguments against all of their claims
(even demonstrated the existence of a federal trademark, US-BankClub), and cited some significant decisions which sided with our right to use the domains. Unfortunately, the ICANN dispute process proved itself to be neither uniform nor particularly unbiased (one hack corporate "intellectual property" lawyer arbitrating on behalf of another). So, we lost both cases (the arbitrator basically repeated all of USBancorp's argument, almost verbatim, in his decision. He even went so far as to claim, without proof or documentation, that we received monetary compensation from the advertising placed on this site by the Web host - an allegation that is patently untrue).
But no great loss. US Bancorp got two new domain names of minimal value, and probably had to
spend close to $ 10,000 to get them from us. We spent (including domain registration fees) a grand total of $ 32 to fight them. Moreover, the domain names served their purpose in their short period of usage, bringing some 25,000 people to this Web site to learn the truth about US Bank.
Waiting now to see the next tactic they try to shut down this Web site.
The Five-Star Screwing Goes On!
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