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| DNF Addict | Tell me if this is fair. I bought a $5 BIN from TDNAM just to get a discount on the other 4 names I bought. It was a spanish generic, I thought. First I get hit with a $30 fee from godaddy. Then they took the name from me. The name is "JardinasdePaz.com" which is translated "Gardens of Ease" I used the keyword "gardening supplies." Well, the Judge says I am cybersquatting, although I find out "JArdinasdepaz.com" is a funeral service. How can these be confusingly similar? And how can a Spanish speaking, south american company take my domain registered at an American regiatrar, when the site is in english? and why does godaddy need my $30 ? to forward emails?
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| | #3 (permalink) |
| Last Online: Today 02:49 PM iTrader: (23) Join Date: Mar 2005
Posts: 4,042
DNF$: 9,001 Location: BeeCee
Country: | I don't know spanish but maybe someone else can say how generic this name is (or is not). At least it was only a name you paid $5 for. If you used it for gardening supplies, and a funeral home claimed it, seems a bit of a stretch for them. Godaddy always has a $30 charge when this sort of thing happens, an admin fee just part of doing business I guess.
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| | #4 (permalink) | |
| Platinum Lifetime Member Last Online: Yesterday 09:07 PM iTrader: (0) Join Date: Aug 2007
Posts: 479
DNF$: 600 Location: Spain
Country: | Quote:
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| | #5 (permalink) |
| Dances With Dogs Name: info [@] gerry.mobi Last Online: Today 06:46 PM iTrader: (73) Join Date: Dec 2006
Posts: 10,280
DNF$: 25,425
Country: | This is where registrars and auction services should be hit hard for allowing the registering, sale, transfer, and auctioning of TM names. I was just getting ready to log into TDNAM, and this is what some of the names are featured on TDNAM's home page: myspace200.com usedhondaparts.net mygogole.com goldensands.me wiisort.com microsoft2003.com eastofeden.com hitachistores.com espnhoops.com mmyyyspace.com |
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| | #6 (permalink) |
| Platinum Lifetime Member Last Online: 11-18-2009 08:00 AM iTrader: (4) Join Date: Mar 2009
Posts: 487
DNF$: 5 Location: United States | .com is international and you did have their trademark. $30 fee does not seem fair since they are the one who listed it for sale, but it's a good deterrent to keep people from intentionally registering trademarked names. Maybe Godaddy is hit with a fee with each complaint? |
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| | #8 (permalink) |
| Exclusive Lifetime Member Name: Dipendra Srivastava Last Online: 11-19-2009 11:56 AM iTrader: (18) Join Date: Nov 2003
Posts: 809
DNF$: 1,492 Location: Ghaziabad,India
Country: | firstly, it is godaddy's mistake to list such names for sale secondly, they cannot charge you extra or txn charges if the txn stands incomplete third, it is a matter of ethics and not about $5 domain What do godaddy say about the reason for chargin 30$ fee?
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| | #9 (permalink) |
| Missing in action Name: Kate Last Online: Today 06:42 PM iTrader: (41) Join Date: Jul 2005
Posts: 4,667
DNF$: 28,093 Location: .cz
Country: | Is the WIPO ruling available yet ?
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| | #10 (permalink) |
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Country: | im sure its tucked away in godaddys tos not saying its right but they'll have their arse covered no doubt whats stupid is the poxy luttle funeral service prob spent $4k up and could have prob paid you 1500 or something and everyones happy and the scum lawyers dont get any cash |
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| | #11 (permalink) |
| DNF Member | It means "Peace Gardens" BTW. Did the Wipo complaint name you? You should have had a chance to defend the name and your use of it... I had a similar issue, when a domain I had registered with Godaddy was taken by the trademark holder, and I wasn't even notified when the name was removed from my GoDaddy account. I contacted them, and there was a judgment against the previous owner that was given because he lived out of the US and didn't respond to the complaint. I never had a chance to defend or respond, and my name was gone :( Can a legal "expert" enlighten us on this issue? Is there precedent when the name in question is dropped before a decision is issued, and another party picks it up that isn't named in the complaint? |
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| | #12 (permalink) | |
| Platinum Lifetime Member Name: gv Last Online: Today 05:44 PM iTrader: (3) Join Date: Aug 2007
Posts: 608
DNF$: 10,290 Location: kansas city
Country: | Quote:
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| | #14 (permalink) |
| Platinum Lifetime Member Name: Rick Last Online: 11-18-2009 06:10 PM iTrader: (24) Join Date: Aug 2002
Posts: 505
DNF$: 1,173 Location: Oregon
Country: | jardinAsdepaz.com is not registered. I believe the OP is referring to the domain jardinEsdepaz.com http://www.wipo.int/amc/en/domains/d...2009-0616.html No response to complaint Looks like they also tried to make contact with the OP and no reply. Missed opportunity - could have flipped this $5 name for a nice profit. This could have been a good faith registration, but he never presented any claim that it was, either to the company inquiry, or WIPO. The OP should be mad at himself, not anyone else. Last edited by 2gajgops; 07-13-2009 at 02:47 PM.. Reason: Automerged Doublepost |
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| | #15 (permalink) | |
| Last Online: 11-19-2009 07:01 PM iTrader: (26) Join Date: Dec 2004
Posts: 4,442
DNF$: 366 Location: Elad
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| | #16 (permalink) |
| Platinum Lifetime Member Name: Keyser Söze Last Online: 09-02-2009 11:56 PM iTrader: (8) Join Date: Feb 2007
Posts: 326
DNF$: 240 Location: United States
Country: | What a bunch of crap. I would definitely demand my $30 back.
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| | #17 (permalink) | |
| Platinum Lifetime Member Last Online: Yesterday 09:07 PM iTrader: (0) Join Date: Aug 2007
Posts: 479
DNF$: 600 Location: Spain
Country: | Quote:
Missed opportunity and fail.
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| | #18 (permalink) |
| iSpoof.com Last Online: Today 06:12 PM iTrader: (112) Join Date: Sep 2002
Posts: 10,999
DNF$: 51,473 Location: 96.net | i know gd is lovin all those $30 fee's it rakes in for tm claims against a domain.
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| | #19 (permalink) | |
| Last Online: 11-19-2009 07:01 PM iTrader: (26) Join Date: Dec 2004
Posts: 4,442
DNF$: 366 Location: Elad
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