Most unfair WIPO I ever saw - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**denny007** · 12-14-2007, 04:41 AM

realspanking.com
Transfer !
http://www.wipo.int/amc/en/domains/d...2007-1082.html

Second WIPO for same domain (1st was denied), TM regged in 2007 (domain in 1999). Unbelievable, whenever I see these cases (and there is more every year and more is comming for sure) I am SO GLAD I have mostly TM typos. So when I lose it I know it's fair.

Legal costs for keeping generic domains will be increasing. And while some big protfolios can cope with it, for some small portfolio it can be liquidating.

**acronym007** · 12-14-2007, 05:10 AM

Quote:

Originally Posted by denny007

realspanking.com
Transfer !
http://www.wipo.int/amc/en/domains/d...2007-1082.html

Second WIPO for same domain (1st was denied), TM regged in 2007 (domain in 1999). Unbelievable, whenever I see these cases (and there is more every year and more is comming for sure) I am SO GLAD I have mostly TM typos. So when I lose it I know it's fair.

Legal costs for keeping generic domains will be increasing. And while some big protfolios can cope with it, for some small portfolio it can be liquidating.

I have to say Denny that's a bad one. Perfumebay was bad too.

**VirtualT** · 12-14-2007, 05:21 AM

"and notes that the Respondent’s website now displays the name of the Complainant as well as a link to the Complainant’s website."

**FuseFX** · 12-14-2007, 07:09 AM

Quote:

Originally Posted by VirtualT

"and notes that the Respondent’s website now displays the name of the Complainant as well as a link to the Complainant’s website."

Hmm. All I see is a parking page.

**Focus** · 12-14-2007, 07:47 AM

I'd go on a manhunt

**denny007** · 12-14-2007, 07:53 AM

Quote:

I'd go on a manhunt

I really expect this one day to happen - WIPO communist steal a domain from someone who is really sharp and some "accident" will happen to this panelist. I checked some of their profiles - they seems to be some failed lawyers, I guess they take this gig for few hundreds bucks 'cause they have no better job to do...

**Focus** · 12-14-2007, 08:02 AM

whoops! where the heck did that .308 round come from?

**nametrader** · 12-14-2007, 08:37 AM

Sad stuff, literally heart wrenching(yes) anyone of us can be victimized this way, what can we do to save ourselves from this kind of situation, eventually somebody in future will try to register or register a trademark/patent on some or all of our domains! does it mean bad faith and cyber squatting? where is the end and what is our magic wand to be safe.....

**DomainsInc** · 12-14-2007, 09:42 AM

That really sucks. I thought i remember seeing an article that talked about owning a domain = automatic trademark on the word, or something like that. Could come in handy.

**wmloz** · 12-14-2007, 09:47 AM

I still lament the one I lost through WIPO. Totally unfair.

**Fearless** · 12-14-2007, 09:54 AM

They hung their hat on this:

"The Respondent became the registered owner of the disputed domain name <realspanking.com> on October 6, 2006. The Respondent was not the first registrant of the disputed domain name. The disputed domain name was first registered in December 1998. The Respondent acquired the domain name using the escrow services, Escrow.com. The prior owner has stated in an email filed with the Complaint that he sold the Respondent the domain name only and not any related business or content from the previous website."

"The Complainant’s US registered trademark rights date back to the date of filing (July 6, 2006), which is before the date that the Respondent acquired the disputed domain name."

The goodwill didn't carry to the new owner.

**denny007** · 12-14-2007, 10:12 AM

Quote:

The goodwill didn't carry to the new owner.

Which is legal bullshit. Is like I buy company but the company lose automatically rights to its patents and trademark. This way someone would TM all parked domains and wait if someone sells it. And WIPO any sold domain.

**Dave Zan** · 12-14-2007, 08:46 PM

Quote:

Originally Posted by nametrader

what is our magic wand to be safe

There's none.

But should one insist on any kind, it's the magic wand of preparation.

**Focus** · 12-14-2007, 09:03 PM

It's the wand of karma...someway it always works out

**karter9977** · 12-14-2007, 10:49 PM

So WIPO is saying this basically, If you want a domain name really bad just go and file for the TM. Then wait until the domain is sold to someone else and then you go after that someoneelse and the name is yours.

I guess I should start filing some TM's lol

Banned: ernestjev · 12-15-2007, 12:22 PM

This is how Americans doing black business , in my country the law saying who have domain he is the only legal owner if you 1 register tm domain , it is your forever .
Of course the tm sign owning company can try to get it back but .

If some one take my domain width out my full premission i take private action against company owner. You do not know how weak they are .

Then i see this fact i cant understand how the icann not preventing this .
I am sure they have lot of money and can do what they want.
But they not fully secured life to live width out accidents .

And if TM regged in 2007 (domain in 1999) and they owned high price domain it is under law and there are some institutions for these deals one are fbi and other interpol. They suspends all company web pages and domains.

But if domain owner not taking any actions only talking so then green light for these dark business companies .

This is why some companies owners dying so young

**fleshas** · 12-15-2007, 12:54 PM

Totally crap. I am goint to post an advertisement: "Buying TM" lol