The REAL "Sweeble" & Bubblews Copyright Infringement
Domain name administrators and registrars operate on a first-come first-served basis.
Over time, using a domain name will in itself establish some rights to that domain name, particularly if you also publicize that domain name (for example, on your letterhead).
However, the fact that someone has registered a domain name does not automatically mean that they have the best right to it. If the domain name incorporates a registered trademark, the owner of that trademark may well have stronger rights to the name.
In many cases, several businesses could have rights to a domain name, particularly when a domain name describes a product rather than using a company name or trademark.
Two other important factors come into play in many domain name disputes.
You are more likely to win a dispute if you can show that the other party registered it (or is using it) in bad faith. Bad faith might include registering a domain name using your trademark in order to sell it to you (or a competitor), or to pass their website off as being related to your business.
(here is where it gets ugly for Sue) Large companies, with deep pockets, may be prepared to run up large legal bills pursuing a domain name. If faced with such an opponent, it may be in your interest to negotiate a settlement."
(And THIS PART is probably what Arvinds lawyers have advised him) ----
"18. Is it better to use a dispute resolution procedure or to go to court?
A dispute resolution procedure can only be used if you have rights to a domain name which someone else has registered 'abusively' or in bad faith.
By contrast, court action can be taken on other grounds: for example, if someone is breaching your intellectual property rights or libelling you.
In terms of outcomes, successful use of a dispute resolution procedure will result in the domain name being transferred to you. If you want to claim damages, you will need to take court action. Bear in mind that it can be impossible to enforce judgment, particularly against individuals or companies based overseas."
Do you recall I referenced millionaire backers for Bubblews? here is the long and short of it folks, as Sue Greenwood has also pointed out, it would take at least 300k pounds (roughly $440k US dollars) to even attempt to try and take legal action. Arvind knows this and is basically going to strong arm himself into legal ownership by acting illegally.
I dont know about you guys, but with this sites past years of unethical business behavior and now this added... I would be ashamed to even have my name anywhere near the "Bubblews Brand".