I am so angry! ...

[cjmacd]

Sorry for my tone; I just got off the phone with someone who called me at home, demanding to speak with “Chris MacDonald Now!” The caller wanted know what I was going to do with a domain name I have recently "hand" registered off the drops I scanned on a raw eNom drop list.

The name in question is momentmakers.com, which is a great brandable, generic name; I liked it and it made it on my personal reg. list , along with a few other great names that I got that day.

The caller essentially hollered his entire speech, "we know what you are doing, Chris MacDonald! ... You are a cyber squatter ... you have a shitty business!"

As I said, the caller demanded to know what I planned to do with the name in question, and I told him that I hadn’t decided, but that it would likely be used as a personal site. He proceeded to inform me that he represented the original owners of the name, but refused to pay the "ludicrous $200 fee" it would have cost him last week to bring the name out of redemption.

At this point, I was getting quite irritated, frankly, and told him, “Well, that’s what you get!”

So, now the representative of the company’s (generic) name tells me they have a registered US trademark on the name, and that I had to give the name back to them-- and this is the best part-- they would be happy to reimburse me my 6 dollars!

I simply told him that it wasn't for sale and that I wasn't going to be pressured into some reverse domain hijacking attempt.

Now, I ask you: would a company who refused to spend a comparably small fee to retrieve the name from redemption, actually spend $1000+ Pursuing legal action for which they have no grounds?
I feel it was essential that I told them the name was not for sale, and that I would not consider cooperating at this point in light of the disrespectful and unprofessional way in which the caller attempted to ‘rattle’ me, and get my name. I am not willing to sell the name if they offered $100K+.

What are your opinions?

Has anyone heard of MomentMakers Inc? (I have not!)

I feel that if this went to UDRP I would have a strong case. I am going to stick to my guns and hold the name. I may not create anything from it right away, but just keep it and maybe give it to my cat as a present My cat, Deuteronomy, is a good boy and deserves a gift.

John or Ari, maybe you can field this? I'm sure it's been mentioned many, many times before:

What is the effect of a US registered trademark on a Canadian resident?
Does it make a difference where I live and where a particular business is located?


Thanks guys

-Cjmacd

[draqon]

believe me, you don't need John or Ari to respond to this. I can do it just fine: your case is indeed very very strong. He doesn't have a hope in hell, assuming you use the domain for personal or business purposes that don't conflict with the dude's US trademark [greeting cards, gift cards, and "occasion" type holiday cards].

the fact that you informed him that the domain was not for sale means that it will be hard for him to argue it was registered in bad faith.

furthermore, i agree that its unlikely they will pay 1,500 bucks or more after refusing to pay the $200 redemption thing.

[opportunitymagic]

This is the only thing that I could find regarding the trademark of moment makers...

They were listed in alexa as well
http://web.archive.org/web/200206092...om/default.asp

they registered momentmakers and not momentmakers.com
Now for the lawyers to tell ya what to do...


Typed Drawing


--------------------------------------------------------------------------------
Word Mark MOMENTMAKERS
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: OCCASION CARDS AND GIFT CARDS. FIRST USE: 20020430. FIRST USE IN COMMERCE: 20020430
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76358264
Filing Date January 14, 2002
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition July 16, 2002
Registration Number 2728040
Registration Date June 17, 2003
Owner (REGISTRANT) Coles, Edward W. INDIVIDUAL UNITED STATES 761 South Sixth Street Columbus OHIO 43206
Attorney of Record Patrick P. Phillips
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[cjmacd]

:edit: title edit created a double post.

[namedropper]

I agree with everything you say, cjmcad, except the part about refusing $100,000, LOL. Not that he'd really offer that if he can't be bothered to spend $200, but I'd take that much for that name, easy.

The guy was clueless, admits he didn't pay for it and knew he should, tried to harass you over it, and he's not going to get it back even if he spends lots in legal fees. Dumbasses get what they deserve.

Just avoid greeting card things and they should have no room for complaint. I'd make the site live with something now to show you are using it (which you shouldn't have to, but the people who judge want to see it anyway). My suggestion is pointing it at an online calendar or something, even if you just sign up for a free calendar somewhere and set the domain's redirect to pop to your personal long URL at that service.

[actnow]

Do not point it towards calendar item or service.

In the greeting card business, calendars are also part of their product mix.

I would suggest some kind of dating service or something else. But, nothing
that involves paper.

[cjmacd]

I agree with everything you say, cjmcad, except the part about refusing $100,000, LOL. Not that he'd really offer that if he can't be bothered to spend $200, but I'd take that much for that name, easy.

The guy was clueless, admits he didn't pay for it and knew he should, tried to harass you over it, and he's not going to get it back even if he spends lots in legal fees. Dumbasses get what they deserve.

Just avoid greeting card things and they should have no room for complaint. I'd make the site live with something now to show you are using it (which you shouldn't have to, but the people who judge want to see it anyway). My suggestion is pointing it at an online calendar or something, even if you just sign up for a free calendar somewhere and set the domain's redirect to pop to your personal long URL at that service.

Hi Dan,

ya you're right about the 100K thing I was really really angry when I wrote that

he has since called back trying to backtrack and trying to tell me how bad of a person I was. he was trying to offer $100
I told him that it was definitely not for sale.

mostly because of his actions.
I told him that an apology letter would be a first step if anything - but I don't see him owning it anytime soon (if ever)

ya I think I will make a nice little professional site outlining the "moments made" by my cat and 2 late cats. Which would be so much cooler knowing that I’d have at least one visitor :-D

he seems to think I'm driven by greed when I simply just want to be respected.

ah well Karma's a *****

[cjmacd]

Do not point it towards calendar item or service.

In the greeting card business, calendars are also part of their product mix.

I would suggest some kind of dating service or something else. But, nothing
that involves paper.

I already told him I'll use it for my cat. LOL so that is the much cooler use for it at this time

[namedropper]

Moment Makers could be some sort of party planning or DJ service. Or event photography (weddings, news, sports or whatever). Not as easy, but I could see it for strobe lights used in high speed stop-motion photography, or CGI special effects for film. There are lots of potential non-infringing uses.

That cats thing should be fine too, but if it does ever get to a dispute process somewhere I'm sure the people making the decision would rather see something more clear cut.

[cjmacd]

Moment Makers could be some sort of party planning or DJ service. Or event photography (weddings, news, sports or whatever). Not as easy, but I could see it for strobe lights used in high speed stop-motion photography, or CGI special effects for film. There are lots of potential non-infringing uses.

That cats thing should be fine too, but if it does ever get to a dispute process somewhere I'm sure the people making the decision would rather see something more clear cut.

to be honest I don't have time to spread my businesses out that thinly
the cats thing is only to stress my point that bullying and being an unprofessional jerk doesn't get your way.

besides for 6 bucks its well worth knowing that he will cringe every time he sees a picture of a little kitty


it does have a lot of potential

[Nexus]

I agree with everyone else. They screwed up horribly. I'm amazed everytime I hear some small business TM holder believe they have exclusive claim to a dot-COM name. I was told by a trademark attorney when filing for a trademark that I should file for the name with the extension as well, to make any claim stronger (I owned the .com at the time anyway.)

They should be ashamed of themselves. Misinformation about "cyber-squatting" is rampant. Even some domainers point fingers in the wrong direction.

~ Nexus

[OnSpec]

Let's see..... momentmakers..... momentmakers....hmmmmm. I got it!

Write him back and tell him you will be using the domain to open up your very own Viagara website. That ought to make his Moment.

[jberryhill]

"a great brandable, generic name"

One bright night,
two dead boys got up to fight.
Back to back they faced each other.
Drew their swords and shot each other.
A deaf policeman heard the noise,
and came and shot the two dead boys.
If you don't believe this lie is true,
ask the blind man, he saw it too.

[cjmacd]

"a great brandable, generic name"

One bright night,
two dead boys got up to fight.
Back to back they faced each other.
Drew their swords and shot each other.
A deaf policeman heard the noise,
and came and shot the two dead boys.
If you don't believe this lie is true,
ask the blind man, he saw it too.

LOL well said... shut up

[Restecpa]

"Momentmakersâ„¢ is a brand of ideapoint, LLC" - From their site, if that helps any.

[JuniperPark]

1) About lawyers: they may have one on staff who has little or nothing else to do except make calls like the one he made to you.

2) Viagra is a TM'd name, don't use it. The proper response would be to create a pop-up saying " (his name) presents... his favorite home photos!" Then have the original page redirect to a hardcore porn site.

[actnow]

Juniper, I understand your comment about "hardcore porn site".

But, I think that is probably the quickest way to have someone come after you.
It, then, becomes a direct attack at their business.

[Nameable]

We were getting a bunch of these calls for a while and considered changing the phone number on all our domains to a voicemail box, but they slowed so I still haven't bothered.

IANAL, but here's what works in my experience:

Basically, whenever you get an irate person bothering you, keep in mind that you are a professional, so keep your cool. Let them blabber on while you speak calmly and slowly. You own the name, you registered it in good faith, you have nothing to worry about.

If you get UDRP'd, only then do you go and get an attorney to help out. Likewise if they begin to harass or threaten you. If it's a big corporation, they'll send a C&D letter... weigh your options and always ask them to reimburse your reg fee and disclaim any trademark infringement.

[cjmacd]

We were getting a bunch of these calls for a while and considered changing the phone number on all our domains to a voicemail box, but they slowed so I still haven't bothered.

IANAL, but here's what works in my experience:

Basically, whenever you get an irate person bothering you, keep in mind that you are a professional, so keep your cool. Let them blabber on while you speak calmly and slowly. You own the name, you registered it in good faith, you have nothing to worry about.

If you get UDRP'd, only then do you go and get an attorney to help out. Likewise if they begin to harass or threaten you. If it's a big corporation, they'll send a C&D letter... weigh your options and always ask them to reimburse your reg fee and disclaim any trademark infringement.

you are so right, just stay professional at all times

The funny thing is if he was polite and explained his situation I probably would have just given him the name.

But now because of his bad choices he'll forever have to see his former site pointed to a picture / site devoted to my cat

We can't allow people to think the can bully things their way.

What’s worse was he woke me up from a nap! :veryangry

[opportunitymagic]

cjmacd, okay, enought talk, I want to see the picture of you cat.