Isurance.com

**Fearless** · 11-10-2009, 07:16 AM

Today I got a C&D on Isurance.com from Esurance.com. Do they think they are entitled to every typo of insurance because they advertise more? I'm sick of companies thinking they can bully and reverse hijack one of my names because I have a parking page.

**stuff** · 11-10-2009, 07:30 AM

Originally Posted by Fearless

Today I got a C&D on Isurance.com from Esurance.com. Do they think they are entitled to every typo of insurance because they advertise more? I'm sick of companies thinking they can bully and reverse hijack one of my names because I have a parking page.

yeah its crazy, but look at your isurance creation date and esurance. Simple defence.

**fab** · 11-10-2009, 07:31 AM

Assuming you have insurance ads, and nothing related to their company, I really can't see what case they have. The important thing is playing it smart, if it's not making any money, then just give it to them, with an agreement to no further actions, otherwise, wait and/or consult a lawyer. Oh, lastly, their lawyers may be reading this thread. You never know, I may become famous!

**Vision** · 11-10-2009, 07:33 AM

Ridiculous.

Reverse hijacking degenerates -- go get'em Greg!

Moreover, isurance.com was regged prior to esurance.com

**fab** · 11-10-2009, 07:39 AM

Moreover, isurance.com was regged prior to esurance.com

Well, that's a knock out, assuming he's using their TM.

**Fearless** · 11-10-2009, 08:09 AM

I think I know what they're hanging their hat on. Three days ago I moved this name to Hitfarm. Hitfarm doesn't automatically capitalize the first letter. I like the first letter capitalized better anyways.

**denny007** · 11-10-2009, 08:52 AM

Assuming you have insurance ads, and nothing related to their company

Well THEIR company is insurance

**Gerry** · 11-10-2009, 08:55 AM

Originally Posted by fab

then just give it to them, with an agreement to no further actions, otherwise, wait and/or consult a lawyer.

This is a dynamic typo of insurance, not esurance.

Not the sort of thing one would simply cave into and give up a name like this.

**bmugford** · 11-10-2009, 09:16 AM

This claim by esurance is ridiculous.

Brad

**stock_post** · 11-10-2009, 09:30 AM

They are just a joker company.
To start with they are a typo of Insurance - so, let them 1st give their name to the owner of Insurance.com

Bunch of crooks. nothing more than that.

**Vision** · 11-10-2009, 09:52 AM

Originally Posted by stock_post

They are just a joker company.
To start with they are a typo of Insurance - so, let them 1st give their name to the owner of Insurance.com

Well said.

**Acro** · 11-10-2009, 10:37 AM

e and i prefixes are so 1999.

**marcorandazza** · 11-10-2009, 11:12 AM

You might be able to defend this domain, and probably should.

However... your prior date of registration is NOT the "magic bullet" here. That would help you to prevail in a UDRP case. But, if they bring an ACPA case against you, or a garden variety trademark infringement suit, or just a plain old "unfair competition" suit against you, that prior date of registration is going to be almost worthless in your defense.

Even "generic" terms can be the subject of a successful unfair competition claim. See KING-SEELEY THERMOS CO. v. ALADDIN INDUSTRIES, 321 F.2d 577.

This is not a slam dunk, nor is it a worthless domain. Be smart about how you play this.

**biggedon** · 11-10-2009, 02:21 PM

ever wonder if they sent a c&d to iesurance.com

http://whois.domaintools.com/iesurance.com

or

http://eisurance.com

maybe you could send them a c&d

or them

http://eesurance.com

or

http://iisurance.com

looks like a bs case, imo...

**marcorandazza** · 11-10-2009, 06:56 PM

"mom! Billy did it too!!!!!"

Remember when you made that argument on the playground? It didn't work, did it?

It works even less when you grow up and become an adult.

**Vision** · 11-10-2009, 07:27 PM

Originally Posted by marcorandazza

"mom! Billy did it too!!!!!"

Remember when you made that argument on the playground? It didn't work, did it?

It works even less when you grow up and become an adult.

Marco,

I'm fascinated by and value your comments --

Question: Is there an "emerging consensus" regarding the ownership of generic domain typos?

Doesn't a slippery slope exist? Where does it end?

Given your contention -- Apple should of issued a C & D to the original iPhone.com owner (regged in 1995) -- since original registration date is irreveleant -- but, Apple paid to acquire the name.

**Focus** · 11-10-2009, 07:30 PM

I got a C&D from them too today, sent on their behalf at least. Seems they are just blanket mailing and hoping to see what they stir up. I would tell them that the "i" and "e" are nowhere close to each other on the keyboard whatsoever and that your domain has been online prior to their existence. I do not think it will go farther than this. If you got an actual wipo on it then I would start to worry about their intentions to really get it.

**marcorandazza** · 11-10-2009, 07:50 PM

Originally Posted by Vision

Marco,

I'm fascinated by and value your comments --

Thank you.

Question: Is there an "emerging consensus" regarding the ownership of generic domain typos?

The first step is to realize that the word "generic" has a very different meaning on these boards than it has in real life. There is no such thing as a "generic word."

"blue" is a "generic" word, right? So you should be able to use "bllue.com" since it is just a "generic word?"

Not necessarily.

IF the website to which bllue.com resolves has credit card ads, American Express will have every legal right to bend you over and sodomize you (financially anyhow). If the website sells watermelons or cars, that is another story. IF you set it to an auto-generated site through a PPC service, you might argue to the judge or jury that you're just a ****ing moron and you set up a website and have no idea what is on it.

Good luck with that.

So, the moral of the story? Stop listening to idiots on this board who have misinformed you about what the word "generic" means.

Doesn't a slippery slope exist? Where does it end?

I don't know. I don't make the laws. So far, trademark law seems to be one of the only areas of law where it hasn't turned into a complete mess. Sure, there are unfair cases with unfair results, but generally speaking when companies try and abuse their trademark rights, they don't prevail. (yes, there are exceptions).

But, Trademark law comes down to one real principle -- if you're honest, it is difficult to lose a trademark case. If you're a slimy piece of shit who tries to slither around the rules, you're gonna get tapped. When you do, I will mock you and laugh at you. If you're honest, then you probably won't even lose -- let alone get mocked.

Given your contention -- Apple should of issued a C & D to the original iPhone.com owner (regged in 1995) -- since original registration date is irreveleant -- but, Apple paid to acquire the name.

I don't give a shit what Apple does. And, it's not my contention. I don't write the laws, nor do I write the legal opinions.

If the original owner of iPhone.com bought it without actual knowledge or constructive knowledge of Apple's plans to launch the iphone, then they are okay on registration. (constructive knowledge means you "should have known.").

And, like Uzi Nissan, who has used nissan.com for however many years for his bogus computer selling business, there is no infringement. The day that Uzi puts a car ad on his site, he will be sodomized (and rightly so).

So, if Mister iphone.com kept the domain and there was never an ad or a use on that site that conflicted with apple's use, then he wouldn't have a problem. He'd just be a lucky dude who guessed correctly that someone might want that domain one day.

**Fearless** · 11-11-2009, 06:52 PM

Marc when is your ebook on how to reverse hijack domain names coming out?

**marcorandazza** · 11-11-2009, 07:33 PM

Originally Posted by Fearless

Marc when is your ebook on how to reverse hijack domain names coming out?

I don't write the laws. If you don't like the laws, then lobby your legislators to change them.

And, if you read my comments, you'll see that I said "This is not a slam dunk, nor is it a worthless domain. Be smart about how you play this."

If you think that being smart is whining about "reverse hijacking," then play it that way. If you think that playing it smart is asking for an opinion, getting opinions from 10 dickheads who wouldn't know their ass from their elbow in a courtroom, and then being a twat to the one guy who has any actual knowledge that he shared with you free of charge, then play it that way.

Originally Posted by Focus

I got a C&D from them too today, sent on their behalf at least. Seems they are just blanket mailing and hoping to see what they stir up. I would tell them that the "i" and "e" are nowhere close to each other on the keyboard whatsoever and that your domain has been online prior to their existence. I do not think it will go farther than this. If you got an actual wipo on it then I would start to worry about their intentions to really get it.

Companies don't just "blanket email." And, even if they do, they then select victims for infringement cases from among those who don't respond. I'm not saying that you need to respond to them, but just ignoring it will likely prove to be a less than intelligent move.