I just got a name taken by WIPO :( - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**BobDiGiTaL** · 07-13-2009, 11:00 AM

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?

**james2002** · 07-13-2009, 11:25 AM

I initially thought 5 K domain.

**hugegrowth** · 07-13-2009, 11:26 AM

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.

**Fatbat** · 07-13-2009, 11:27 AM

Quote:

Originally Posted by BobDiGiTaL

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?

I'd say that sounds like bullshit to me but did you go through all the various motions with WIPO and file a defense and whatnot?

**Doc Com** · 07-13-2009, 11:36 AM

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

**Domainx09** · 07-13-2009, 12:05 PM

.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?

**gingeman** · 07-13-2009, 12:14 PM

What a joke, I would certainly demand your $30 back from Godaddy.

**ecomindia** · 07-13-2009, 12:25 PM

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?

**sdsinc** · 07-13-2009, 12:44 PM

Is the WIPO ruling available yet ?

**PRED** · 07-13-2009, 01:17 PM

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

**thedomainster** · 07-13-2009, 01:24 PM

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?

**bigboydog_0** · 07-13-2009, 02:10 PM

Quote:

Originally Posted by BobDiGiTaL

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?

hey bob if im right "JardinasdePaz.com" JardinasdePaz.coms a misspelled word in spanish it should be JardinEsdePaz.com with a "E" it also mean "gardens of peace" in spanish so i dont understand that they would take this away from you.. the word "paz" means peace.. and lets see..

**Focus** · 07-13-2009, 02:33 PM

I hope they all get herpes infected with gangrene.

**2gajgops** · 07-13-2009, 02:38 PM

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.

**fab** · 07-13-2009, 03:06 PM

Quote:

myspace200.com
usedhondaparts.net
mygogole.com
goldensands.me
wiisort.com
microsoft2003.com
eastofeden.com
hitachistores.com
espnhoops.com
mmyyyspace.com

Oh my, MySpace, Google and MicroSoft. Couldn't find any worse guys to cybersquat.

**exponent** · 07-13-2009, 03:48 PM

What a bunch of crap. I would definitely demand my $30 back.

**Fatbat** · 07-13-2009, 04:03 PM

Quote:

Originally Posted by 2gajgops

Looks like they also tried to make contact with the OP and no reply.

Missed opportunity

Yeah, that's what I figured. Did the OP not have his registration info in order? Always keep your info accurate so you can answer inquiries, receive mail, make a defense, do business, etc.

Missed opportunity and fail.

**biggedon** · 07-13-2009, 05:09 PM

i know gd is lovin all those $30 fee's it rakes in for tm claims against a domain.

**fab** · 07-13-2009, 05:13 PM

Quote:

i know gd is lovin all those $30 fee's it rakes in for tm claims against a domain.

Yes, that's why I and many others here left them.

**PRED** · 07-13-2009, 05:33 PM

Quote:

Originally Posted by Focus

I hope they all get herpes infected with gangrene.

lol
ewwwww

could it be time to roll out the jallyjar again? lets push those boundaries lol

07-13-2009, 11:00 AM	#1 (permalink)
BobDiGiTaL DNF Addict Last Online: Yesterday 01:17 PM iTrader: (74) Join Date: Aug 2005 Posts: 1,473 DNF$: 5,652	I just got a name taken by WIPO :( 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? __________________ BobGuzzo.com domains. My Countdown Counting down to: Domainer Mardi Gras 2010 89 days 4 hours 35 minutes

07-13-2009, 11:25 AM	#2 (permalink)
james2002 DeliciousNames.com Last Online: Today 05:51 PM iTrader: (52) Join Date: Jan 2007 Posts: 3,853 DNF$: 6,120 Location: DeliciousNames Country:	I initially thought 5 K domain. __________________ >>> C D z . c o m <<< Sale=> Toysale.com , GreeceTours.com; CasinoSite.com , CasinoWebsite.com

07-13-2009, 11:26 AM	#3 (permalink)
hugegrowth 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. __________________ Submit URL Free now - Free website advertising and classifieds DomainReport.ca - domain tips and .ca domain blog

07-13-2009, 11:36 AM	#5 (permalink)
Doc Com 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 __________________ Conservative With A Conscience

07-13-2009, 12:14 PM	#7 (permalink)
gingeman Name: Chris Last Online: Yesterday 12:32 PM iTrader: (64) Join Date: Apr 2006 Posts: 1,514 DNF$: 796 Location: A95.com Country:	What a joke, I would certainly demand your $30 back from Godaddy. __________________ Accurate Names Sign Up for the accuratename.com newsletter FOR SALE NOW: W-U.com $6k

07-13-2009, 12:05 PM	#6 (permalink)
Domainx09 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?

07-13-2009, 12:25 PM	#8 (permalink)
ecomindia 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? __________________ Buying your expiring .net.in, .co.in, .in cctld. OFFER NOW . Bought 63+ domains already!

07-13-2009, 12:44 PM	#9 (permalink)
sdsinc 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 ? __________________ VeryOldNames.com

07-13-2009, 01:17 PM	#10 (permalink)
PRED Last Online: Today 03:38 PM iTrader: (118) Join Date: May 2006 Posts: 7,961 DNF$: 1,069 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 __________________ dental recruitment \| dental practices \|

07-13-2009, 01:24 PM	#11 (permalink)
thedomainster DNF Member Last Online: Yesterday 06:16 PM iTrader: (35) Join Date: Apr 2005 Posts: 300 DNF$: 3,138	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?

07-13-2009, 02:33 PM	#13 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 11:43 AM iTrader: (111) Join Date: May 2005 Posts: 9,402 DNF$: 15,330 Location: Dirty South Country:	I hope they all get herpes infected with gangrene. __________________ Selling the tremendous domain name : FLUS dot com must see unbelievable price & opportunity! Hurry!

07-13-2009, 02:38 PM	#14 (permalink)
2gajgops 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

07-13-2009, 03:48 PM	#16 (permalink)
exponent 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. __________________ My offers are void after 48 hours unless I've stated otherwise. free professional profile

07-13-2009, 05:09 PM	#18 (permalink)
biggedon 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. __________________ worldiptv.com * svc.net * belisted.com * mobi.us.com * sop.net * qfm.net * upyo.com * vioz.com * Need A SedoPro Account PM Me

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