DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 09-24-2008, 04:54 PM   #21 (permalink)
T_T
 
rentdn's Avatar
 
Name: Hakob
Last Online: Today 05:03 PM
iTrader: (25)
Join Date: Aug 2004
Posts: 770
DNF$: 4,624
Location: Armenia
Country:


Quote:
Originally Posted by TheLegendaryJP View Post
Not even a question

The issue at that point is cost. I have discussed this briefly with Acro via PM. Often times when a deal goes bad and the loss is $XXX-$XXXX+ the cost of persuing the case out weighs the loss. It would be done more on principal than anything else.
Exactly, considering that domain lawyers salary is starting from 300$/hour , it will have not sense
__________________
Scuba Diving

rentdn is online now   Reply With Quote
Sponsored Ads
Old 09-24-2008, 04:54 PM   #22 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 11-05-2008 09:14 PM
iTrader: (0)
Join Date: Mar 2006
Posts: 160
DNF$: 128
Location: CA, USA


Yeah you have to be an affected consumer to complain... shame *evil grin*
flamewalker is offline   Reply With Quote
Old 09-24-2008, 05:00 PM   #23 (permalink)
Success Is My Only Option
 
Carter's Avatar
 
Last Online: 11-06-2009 11:14 AM
iTrader: (43)
Join Date: Jul 2008
Posts: 4,229
DNF$: 27,095
Location: Italy
Country:


When Namejet start doing these things?
1 month ago, 3 months ago, from the start of the company?
Carter is offline   Reply With Quote
Old 09-24-2008, 05:05 PM   #24 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 11-05-2008 09:14 PM
iTrader: (0)
Join Date: Mar 2006
Posts: 160
DNF$: 128
Location: CA, USA


This kind of thing is what really pisses me off about corporate today. There are way too freaking many companies that no longer regard the consumer as their friend, rather someone to milk for money.

This is why I always work for reputable companies and do everything in my power to keep the customer happy, no matter the job. If you aren't going to treat the customer like they care, they will eventually leave. People will give you some slack usually, but its a fine line between 'accident' and plain ignorance. Consumers don't put up with ignorance very long. Or plain deceit as this seems to be.

Namejet needs to be boycotted. Spread the word that they are acting criminally to as many people. Eventually they will feel the pinch. If anyone does use them, protect yourself with a credit card, as they are essentially selling stolen goods.
flamewalker is offline   Reply With Quote
Old 09-24-2008, 05:10 PM   #25 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 04:28 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,113
DNF$: 7,120
Country:




It is very hurtful to know a company which finds itself it a position, wether served by udrp, wipo, c&d or just an inquiry from a potential tm holder or felt the pressure from one would do this.
TheLegendaryJP is online now   Reply With Quote
Old 09-24-2008, 05:41 PM   #26 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Today 04:49 PM
iTrader: (393)
Join Date: Feb 2004
Posts: 23,737
DNF$: 3,435
Location: USA
Country:




Let's all boycott NameJet (after I get the names I want )
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
Acro is online now   Reply With Quote
Old 09-24-2008, 05:46 PM   #27 (permalink)
Missing in action
 
sdsinc's Avatar
 
Name: Kate
Last Online: Today 04:53 PM
iTrader: (41)
Join Date: Jul 2005
Posts: 4,625
DNF$: 27,479
Location: front line
Country:


I remember Uglypeople got booted from DNF for the same behavior.
So perhaps it's time to get rid off that ugly namejet banner here ?

That is one of the reasons why I find it is irresponsible for namejet, pool etc to include obvious TM names in their so-called hotlists. They are inciting people to bid on hot potatoes while making money on them.

Truly shameful behavior.
__________________
VeryOldNames.com
sdsinc is online now   Reply With Quote
Old 09-24-2008, 05:46 PM   #28 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: Yesterday 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Are'nt Namejet a part of Enom I believe ? I also do not feel comfortable with them
at all. Snapnames have always been much better.

I would guess, and this from someone who has spent large part of last 10 years
in pretty much every Court you can think of, that if you were to issue
a claim in Court against Namedrive with the facts stated the Judge would
award you the money plus damages for loss of reputation etc etc etc

DG
domaingenius is offline   Reply With Quote
Old 09-24-2008, 05:50 PM   #29 (permalink)
Platinum Lifetime Member
 
Ceqix's Avatar
 
Last Online: 11-03-2009 08:14 PM
iTrader: (7)
Join Date: Nov 2005
Posts: 100
DNF$: 0
Location: Florida


I wish I would have read this sooner, I would not have gave them by business. Thanks for the heads up.
Ceqix is offline   Reply With Quote
Old 09-24-2008, 05:55 PM   #30 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Today 04:49 PM
iTrader: (393)
Join Date: Feb 2004
Posts: 23,737
DNF$: 3,435
Location: USA
Country:




NameJet was a spin-off of eNom but it's now an independent company. The problem is not tm names; all these expired, pre-released domains are in due deletion and NameJet's agreement with the corresponding registrar puts them in auction. The problem exists when a domain that has a pending litigation is being auctioned and the buck is being passed onto the new owner. NameJet's legalese to which all users must agree upon registration, waives all action against NameJet in the event of a dispute. In other words: do your research before you bid!
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
Acro is online now   Reply With Quote
Old 09-24-2008, 06:00 PM   #31 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 04:28 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,113
DNF$: 7,120
Country:




Acro is right and I hate to say it but not looking over their legalese probably right again on disputes after a name is won. While it doesnt imo clear them of dumping names on purpose. The individual in this particular case will update me in the future on exactly how much notice and correspondence was involved with namejet and this supposed tm holder. Clearly there is no coincidence here at all.
TheLegendaryJP is online now   Reply With Quote
Old 09-24-2008, 06:41 PM   #32 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Today 04:49 PM
iTrader: (393)
Join Date: Feb 2004
Posts: 23,737
DNF$: 3,435
Location: USA
Country:




Of course it's unethical if they auctioned off a domain knowing that there was a pending UDRP.
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
Acro is online now   Reply With Quote
Old 09-24-2008, 06:43 PM   #33 (permalink)
DNF Addict
No Avatar
 
Last Online: 11-06-2009 06:22 PM
iTrader: (35)
Join Date: Nov 2002
Posts: 1,562
DNF$: 2,514
Country:


I feel for you and entirely agree with feelings towards NameJet.com.

> You then receive a udrp notice for the domain shortly there after

Are you implying that you registered the domain name in bad faith, knowing that the company who contacted you had a trademark on the name and intending to sell it to them for a price beyond your out of pocket costs, and or deliberately/knowingly putting content on the domain name that infringed their trademark?

If you didn't register the domain name in bad faith, and especially if you are able to prove this, wouldn't the company be wasting their money on UDRP, even if they do have a trademark on the exact name?

I have had UDRP threatened several times, but I have tenaciously stuck to the fact that I did not register the domain name in bad faith.

Mind you, most of the names were reg fee to US$100, which is different from your case.
dotNetKing is offline   Reply With Quote
Old 09-24-2008, 06:44 PM   #34 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 04:28 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,113
DNF$: 7,120
Country:




Exactly, even imo the threat of action is enough. Imagine I negotiate sale with a buyer, that buyer then says no thanks, we believ we have a rioght to the name and will exercise that route. To me even that is enough. To then turn around and dump the name is disgusting.

Quote:
Originally Posted by dotNetKing View Post
I feel for you and entirely agree with feelings towards NameJet.com.

> You then receive a udrp notice for the domain shortly there after

Are you implying that you registered the domain name in bad faith, knowing that the company who contacted you had a trademark on the name and intending to sell it to them for a price beyond your out of pocket costs, and or deliberately/knowingly putting content on the domain name that infringed their trademark?

If you didn't register the domain name in bad faith, and especially if you are able to prove this, wouldn't the company be wasting their money on UDRP, even if they do have a trademark on the exact name?

I have had UDRP threatened several times, but I have tenaciously stuck to the fact that I did not register the domain name in bad faith.

Mind you, most of the names were reg fee to US$100, which is different from your case.
No my name but...

the winner got a udrp shortly after as they were already moving in that direction as far as I am told.

Further on aving to defend that name while the the auction company already knew a problem existed or may exist based on its communication with the complaintant is a kick in the face.

Last edited by TheLegendaryJP; 09-24-2008 at 06:46 PM.. Reason: Automerged Doublepost
TheLegendaryJP is online now   Reply With Quote
Old 09-24-2008, 08:02 PM   #35 (permalink)
 
dvdrip's Avatar
 
Last Online: Today 12:53 PM
iTrader: (10)
Join Date: Jul 2002
Posts: 2,641
DNF$: 13,859
Location: Athens Greece
Country:


Quote:
Originally Posted by TheLegendaryJP View Post

You enter a drop auction at Namejet
You win said auction
You then receive a udrp notice for the domain shortly there after
The udrp notice also informs you the date the original notice was sent to the drop company ( Namejet ) and the fact said company tried to negotiate a sale of said name with obviously no success
This notice PRE dates the offering at auction by the owner ( Namejet/Registrar )
Said drop company then decides to auction the name via there service with FULL KNOWLEDGE the name is NOT in a position at that time to be auctioned ( it is a real asshole move ) excuse my french.
End result you win name, you lose name, Namejet says too bad hahaha
I am a bit confused. What do you mean by UDRP notice?
Do you mean a UDRP threat or the actual UDRP complaint?

I mean... Who is the Respondent in the UDRP?
If the UDRP complaint was before the auction then the Respondent would be Namejet.
__________________
www.bluepixel.gr I like .info!
Now accepting .gr domain registrations from any foreign company or individual. Contact me for details.
dvdrip is offline   Reply With Quote
Old 09-24-2008, 08:25 PM   #36 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 04:28 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,113
DNF$: 7,120
Country:




Quote:
Originally Posted by dvdrip View Post
I am a bit confused. What do you mean by UDRP notice?
Do you mean a UDRP threat or the actual UDRP complaint?

I mean... Who is the Respondent in the UDRP?
If the UDRP complaint was before the auction then the Respondent would be Namejet.
The winner is currently waiting to hear back from the complaintants lawyer as to what exactly namejet was told. As part of its current wipo now against the winner of the auction part of its exhibit is the discussion/notice to namejet just one day prior to the auction. Now he is working to see if it was a notice of udrp was coming, actual udrp or otherwise. Fact remains namejet knew this name shouldnt have been auctioned at that time. It is clear namejet tried to sale the name to the supposed tm holder for $7500 and they refused, that is alo an exhibit.
TheLegendaryJP is online now   Reply With Quote
Old 09-24-2008, 08:26 PM   #37 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Today 04:49 PM
iTrader: (393)
Join Date: Feb 2004
Posts: 23,737
DNF$: 3,435
Location: USA
Country:




He can still do a chargeback you know and be done with it.
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
Acro is online now   Reply With Quote
Old 09-24-2008, 08:28 PM   #38 (permalink)
Exclusive Lifetime Member
 
chillking's Avatar
 
Last Online: Today 04:13 PM
iTrader: (4)
Join Date: Jun 2007
Posts: 808
DNF$: 4,356
Location: liverpool engla


namejet is corrupt i think people need to be aware of this news .
__________________
SchoolLoanConsolidation World-News.com for sale pm me or bid on sedo.com Affordableheadstones for sale ( cranes for sale )
chillking is online now   Reply With Quote
Old 09-24-2008, 08:33 PM   #39 (permalink)
 
dvdrip's Avatar
 
Last Online: Today 12:53 PM
iTrader: (10)
Join Date: Jul 2002
Posts: 2,641
DNF$: 13,859
Location: Athens Greece
Country:


Quote:
Originally Posted by TheLegendaryJP View Post
The winner is currently waiting to hear back from the complaintants lawyer as to what exactly namejet was told. As part of its current wipo now against the winner of the auction part of its exhibit is the discussion/notice to namejet just one day prior to the auction. Now he is working to see if it was a notice of udrp was coming, actual udrp or otherwise. Fact remains namejet knew this name shouldnt have been auctioned at that time. It is clear namejet tried to sale the name to the supposed tm holder for $7500 and they refused, that is alo an exhibit.
As your friend is the Respondent then the actual UDRP complaint arrived after the auction was finished and your friend paid.

So it was probably a notice that they were preparing one.

How many days after the the auction finish is the UDRP commencement date?
__________________
www.bluepixel.gr I like .info!
Now accepting .gr domain registrations from any foreign company or individual. Contact me for details.
dvdrip is offline   Reply With Quote
Old 09-24-2008, 08:34 PM   #40 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 04:28 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,113
DNF$: 7,120
Country:




May I add, this is this case. I have been told by other regular buyers it is nothing new and has happened to them where they have learned namejet auctioned off a name only to discover they were just in contact with a supposed tm holder prior to auctioning it off. Each case is unique but it is seeming to be a common practice.

Namejet gets warned by tm holder or supposed tm holder, fails to sale them the name and immediatey auctions it off.

Quote:
Originally Posted by dvdrip View Post
As your friend is the Respondent then the actual UDRP complaint arrived after the auction was finished and your friend paid.

So it was probably a notice that they were preparing one.

How many days after the the auction finish is the UDRP commencement date?


He bought on 8/31 and now 3 weeks later was served. He would never known of Namejets prior involvement but the udrp as exhibit names the prior discussion with them as 8/29 !!!!

Last edited by TheLegendaryJP; 09-24-2008 at 08:35 PM.. Reason: Automerged Doublepost
TheLegendaryJP is online now   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 05:08 PM.
Copyright @2001-2009 DNForum.com