NAMEJET.com ~WARNING~ Disgusting behaviour!

[dvdrip]

Ok. So the big question is...
Is the domain generic, TM or what?

[TheLegendaryJP]

Originally Posted by dvdrip

Ok. So the big question is...
Is the domain generic, TM or what?

See that right now is a moot point because, even if a tm name it does not negate namejets actions, if not a tm it goes without saying the winner is now having to defend his purchase. Clearly not coincidently this name was auctioned, it was done to avoid an issue with a complaintant and cash in while they could. I have heard this tale from 3 others today alone. The actions of the winning bidder is secondary imo, if they are served a wipo/udrp/c&d etc after winning a name that is part of the cost of business they take on and knowingly so. It is another issue when a auction company auctions of the name they KNOW will face a notice.

[cleverlyslick]

wow everybody's stealing,scamming, and taking.it's crazy.thanx for the thread JP.the difficult thing about this business is that it's all online transactions. sometimes I think it's best to go old school and meetup somewhere with the seller/buyer and just do big money transactions face to face because it's seriously getting crazy.I hear about someone getting scammed online with this domain thing just about everyday.

[dvdrip]

Originally Posted by TheLegendaryJP

See that right now is a moot point because, even if a tm name it does not negate namejets actions, if not a tm it goes without saying the winner is now having to defend his purchase. Clearly not coincidently this name was auctioned, it was done to avoid an issue with a complaintant and cash in while they could. I have heard this tale from 3 others today alone. The actions of the winning bidder is secondary imo, if they are served a wipo/udrp/c&d etc after winning a name that is part of the cost of business they take on and knowingly so. It is another issue when a auction company auctions of the name they KNOW will face a notice.

I am not trying to defend namejet. Namejet should have notified all bidders in the auction. This is what snapnames does. I have received many times emails from snapnames saying "proceed at your own risk, we can remove you from the auction if you want".

I asking to understand if the domain is "defendable".

[exponent]

Sorry kids but trademarks will bite you in the @$$ every time. I should know, I lost GoogleCalendar.com which I was running as a legitimate yourname.googlecalendar.com redirection service.

[TheLegendaryJP]

This whole issue does not debate the risks in tm or infringing uses, this discussion is the actions of namejet.

dvdrip, not sure if it could be now, what was the prior use before the auction and does that use if infringing impact the new owners chances to defend ? I believe so, even a name that could have been defended may now be " tainted " without the auction winners knowledge.

[dvdrip]

Your friend can easily claim that he just acquired the domain and negate any prior usage.
It would make most of the Complainant's exhibits inadmissible, together with namejet's negotiations. But again it all comes down to the domain itself.
If you want any help with the UDRP, send me a PM.

[TheLegendaryJP]

Originally Posted by dvdrip

Your friend can easily claim that he just acquired the domain and negate any prior usage.
It would make most of the Complainant's exhibits inadmissible, together with namejet's negotiations. But again it all comes down to the domain itself.
If you want any help with the UDRP, send me a PM.

I appreciate the offer to help and my friend would say thank you as well.

As for negating prior use should you be ignorant of it, or not. I am not sure if this is possible or not. Has there ever been a case lost or won where a new owner is held or not held respondsible for the prior owners use ? Maybe Berryhill can chiome in if he knows of any. Intersting issue.

[dictionaryof]

This is an interesting thread. And I think everyone who bids on names at NameJet will be thankful to anyone who decides a name is not worth having because it's coming through namejet. ;-)

[mediawizard]

Lets put it another way, if a member of dnf received intimation of a pending udrp complaint and then sold the domain here, irrespective of the nature of the domain - tm, typo or generic.

Would he/she get banned? I would assume so.

The more I see of these bigger companies the more I think that all the crap in this industry is being led by the biggest players, who seem to think they don't need ethics or morals, just large profits to justify themselves.

[jasdon11]

Originally Posted by TheLegendaryJP

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.

Just because they put a line in their TOS, surely doesn't make it binding in law?

What if you bought a car from a garage and somewhere in their TOS there was a line saying 'if the car we sell you as good, turns out to be stolen - don't come crying to us'?

In this case they have sold a name they know to be 'faulty', as being good and are refusing to rectify the issue.

If I were the victim, I'd start a site like, NamejetSellsNamesWithIssues.com and start listing any name they are offering that might have TM issues; if they want to play dirty....

............

Do the recent words of Rick Schwartz begin to mean a bit more when you hear of stuff like this?

[dcristo]

How long before did the udrp notice predate the auction end date?

[Domagon]

Was the new registrant was named as the respondent in the UDRP complaint?

If NameJet was, then the matter is relatively simple ... they obviously sold "damaged" goods and needs to refund.

However, based on what I've read so far, NameJet may have known there was a potential TM issue, BUT the actual UDRP complaint was addressed to the new registrant who won the auction...

In which case, NameJet, while unethical, could choose to wash its hands of the issue and basically do nothing.

The new registrant could attempt to go after NameJet for selling a domain that it knew had TM issues - and might prevail ... and believe there have been cases of that type already in which the current registrant who runs into UDRP issues sues the previous registrant for knowledge of TM problems without full disclosure.

Ron

[dvdrip]

UDRP came 3 weeks after the auction.

[krossat]

I wonder if these companies have the liberty to put anything in their TOS or do they need to get that approved first? Can they simply state "We can scam you and take your money, and still not deliver the domain, you agree to this" or any absurd statement, and not need to get it approved?

I mean if they can get away with something like this by putting a clause in the TOS, that is definitely a lapse in the legal system. Either the clause is too broad and generalized to pinpoint such frauds by big companies OR they are just carefree cause they think noone would follow it up?

In any case, this is blatant disregard of ethical business practices and should be checked. Only question is when will it be bad enough to take an action against, and who are the bodies who are responsible for keeping such practices in check?

[dcristo]

Originally Posted by dvdrip

UDRP came 3 weeks after the auction.

If that's the case how did Namejet know about this?

[TheLegendaryJP]

Originally Posted by Domagon

Was the new registrant was named as the respondent in the UDRP complaint?

If NameJet was, then the matter is relatively simple ... they obviously sold "damaged" goods and needs to refund.

However, based on what I've read so far, NameJet may have known there was a potential TM issue, BUT the actual UDRP complaint was addressed to the new registrant who won the auction...

In which case, NameJet, while unethical, could choose to wash its hands of the issue and basically do nothing.

The new registrant could attempt to go after NameJet for selling a domain that it knew had TM issues - and might prevail ... and believe there have been cases of that type already in which the current registrant who runs into UDRP issues sues the previous registrant for knowledge of TM problems without full disclosure.

Ron

Ron, this is the closest to the current situation as you can get. Yes the udrp came in the winning bidders name and yes there was obvious unethical actions ( the auction ) taken by namejet. What the winning bidder is further trying to uncover is what exactly namejet was notified of, be it a warning of action to commence or a literal notice he is unsure atm.

The most telling is the exhibit in the current udrp which shows their LAST communication was 8/29 with namejet and the fact the auction started immediately and ended 8/31 ! It doesnt get clearer than a quick dump by namejet as that. If the complaintant did not mention namejet ( which obviously must be of importance to their case to mention ) the winning bidder would have been non the wiser. This is the first time I have seen this and wonder how many other times Namejet knows or " senses " a tm holder will persue a name and quickly dumps it.

IMO and wothout knowning yet my personal guess is Namejet was notified by email that some action would be taken and decided to dump the name, otherwise this is just a HUGE coincidence. I mean they made a decision to dump the name the SAME day as getting an email from the eventual complaitant. And not the first but LAST email according to exhibit in udrp.

[dvdrip]

I still have many questions.
Auctions at namejet last 3 days. 8/29 to 8/31 are 2 days.
Was the name in a 3 day auction or was your friend the only bidder so he won the domain at $69?

[draggar]

Originally Posted by flamewalker

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.

It's widespread now. I even see my own company doing this. Nothing illegal but in their whole strive to improve customer satisfaction they're starting to cut back on what customer facing employees are allowed to do and creating more policies stating that there is now more they're not allowed to do.

I used to fight it big time but it went no where. Even when I was in a position of authority, it went no where. Like many companies, their strive to improve customer satisfaction is just a front, they'll only keep the cusotmer happy if the customer is already making them money.

Originally Posted by Acro

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

I fully agree. If they were notified of a UDRP or even a C&D letter, then the people in the auction should have been notified and given the opprotunity to opt out of the auction or agree to "proceed at your own risk".

Originally Posted by cleverlyslick

wow everybody's stealing,scamming, and taking.it's crazy.thanx for the thread JP.the difficult thing about this business is that it's all online transactions. sometimes I think it's best to go old school and meetup somewhere with the seller/buyer and just do big money transactions face to face because it's seriously getting crazy.I hear about someone getting scammed online with this domain thing just about everyday.

It's the sign of the times. People are desperate for money now, in the US and many countries worldwide. If a company can pocket a large sum of money even though they know their client will get screwed, it seems like they will just to make their numbers look good.

Originally Posted by dictionaryof

This is an interesting thread. And I think everyone who bids on names at NameJet will be thankful to anyone who decides a name is not worth having because it's coming through namejet. ;-)

Honestly, I've wanted several manes form NJ but didn't have the $70 (or it wasn't worth it to me). 95% of the time, after they release it, it is available to register within a month. Unless it is really important to me, I'd rather pay $7 as opposed to $70.

Originally Posted by mediawizard

Lets put it another way, if a member of dnf received intimation of a pending udrp complaint and then sold the domain here, irrespective of the nature of the domain - tm, typo or generic.

Would he/she get banned? I would assume so.

I would hope for some serious infractions but I (personally) would discuss it with the other mods and admins too, we'd need to make sure that thjey did have a C&D / UDRP before the sale which can be very tricky to prove (I had the same situation, reveiced a C&D a few weeks after a sale, I spoke to the seller and he said he didn't receive one, I trusted him and let it go, luckily the domain wasn't too much).

The more I see of these bigger companies the more I think that all the crap in this industry is being led by the biggest players, who seem to think they don't need ethics or morals, just large profits to justify themselves.

Nope and it's like this in many industries. Companies even are like this with their own employees. Layoffs, pay reductions, fewer benefits, no pay raises while executives still get seven figure "bonuses" and their 10%-15% pay raises (while the people who actually work get 2%-4%).

I think the economy is reaching a breaking point - it is looking a lot like the times just before the French Revolution. A few hoarding all of the wealth and the lower classes just coulnd't take it anymore, instead of kings, queens, and feudal warlords, we have presidents, VPs, and executives.

[TheLegendaryJP]

Originally Posted by dvdrip

I still have many questions.
Auctions at namejet last 3 days. 8/29 to 8/31 are 2 days.
Was the name in a 3 day auction or was your friend the only bidder so he won the domain at $69?

From what I know there were other bidders.
I would assume 3 day as there were other bidders.

See thats the thing, namejet was communicating with them to what capacity we are still unclear. What is clear is they refused to buy the name from namejet as mentioned in the udrp ( exhibit ). Their last communication to namejet was the day the auction started...hhhmmm huge red flag imo. What the complaintant does not say is exactly what the last email said but it is reasonable to assume it wasnt " thank you " as they had to that point not bought the name as offered.