* The First .mobi Legal dispute

[Creature]

Why have you written about what you plan to do with the name in this thread? You need to do nothing other than talk to the domain lawyer. Everything you do or change or write is possible ammunition. Unless you understand the laws, don't change anything on the site and don't write in this thread. In my opinion you will win if you keep your gob shut and pay the lawyer. Good luck!

[MobileDesigner]

Why have you written about what you plan to do with the name in this thread? You need to do nothing other than talk to the domain lawyer. Everything you do or change or write is possible ammunition. Unless you understand the laws, don't change anything on the site and don't write in this thread. In my opinion you will win if you keep your gob shut and pay the lawyer. Good luck!

Well, it was my first time to receive this, so I had no idea how to handle it. I have found some assistance by doing this, so i dont regret it. And i have been keeping my gob shut about it since i dont want to cause anymore difficulties.
I appreciate your advice!

[3dGEEK]

good luck to you MobileDesigner.

Hope this works out your way... go gettem'

[Creature]

Well, it was my first time to receive this, so I had no idea how to handle it. I have found some assistance by doing this, so i dont regret it. And i have been keeping my gob shut about it since i dont want to cause anymore difficulties.
I appreciate your advice!

I didn't mean my previous post to sound quite so abrupt! Just hope it goes well for you!

[MobileDesigner]

good luck to you MobileDesigner.

Hope this works out your way... go gettem'

Thank you for your support! In any results of this case, your .mobis will increase in value! If a large company like the one that is trying to get mine, then .mobi has more potential than what anyone thought! My advice is to not sell quite yet. We regged for 2 years anyways, lets just keep them for a while.

From what I am seeing, .mobi is the 2nd .com!

I didn't mean my previous post to sound quite so abrupt! Just hope it goes well for you!

Thank you for your support. I guess I took it the wrong way. Im under a lot of pressure at the moment... Anyways, water under the bridge, my friend!

[keyser]

From what I am seeing, .mobi is the 2nd .com!

Tip of the day : theres only one dotcom

[MobileDesigner]

Tip of the day : theres only one dotcom

Correct you are! And there is only one .mobi! :wink_smile:

[3dGEEK]

Correct you are! And there is only one .mobi! :wink_smile:

"... dotMobi IS THE 'dotCom' FOR MOBILE INTERNET..."

...WHY???

http://www.dnforum.com/f408/dotmobi-aims-mobile-dot-com-thread-192181.html



JUST HANG IN THERE GUYS ...

[MobileDesigner]

"... dotMobi IS THE 'dotCom' FOR MOBILE INTERNET..."

...WHY???

http://www.dnforum.com/showthread.php?t=192181



JUST HANG IN THERE GUYS ...

Nice! I like that!

I found out that I was not the first to receive a legal dispute. There are several others!
http://www.wipo.int/amc/en/domains/cases/all.html

I feel that there is going to be a huge sudden "boom" in this name. I can see "xxxxxx.mobi" posted in papers, magazines, radio, tv, word-of-mouth, etc. Its gonna be a great, long ride!

[typist]

doko.mobi in your signature is genius.

[tas38]

Seems like to me, that they are shafting you on this.

My thoughts are this, the places that have the most control over these matters, have not and do not even try to prevent this stuff.

First you got the TM holder, they have time to make claim before you got it on any real TM they hold.

Then you got GoDaddy or any other place selling domains, that are TM names and making money on them. The last time I looked at the law, you can't sell TM item or you was in trouble for it. But yet they do it all the time, and think nothing of just taking it back to put on hold.

You also got dotmobi that could make a list of domains, that are of known TM problems. And not sell any of them in the first place, at all 3 steps they done nothing to prevent this from happing. And place all of it on the buyer of the domains, that in most cases do not have the means to know or prevent this stuff.

I read the dotmobi rules, anyone can open a case any time they want on them. Meaning it does not matter they did not try to get it, why should they when they can do it any time they want. So this sunrise is a alot of crap, it does nothing for anyone but dotmobi that is clear.

First they got lots of money, and can push people around that don't have it. Godaddy only cares about the money they can make, they got $29 so they are not worrying about it any.

One thing I have thought of, is you can tell them that if they lose, their TM will lose alot of it's value. How can they then defend it from other people, it's a good way to make them worry a little bit.

You could bring up about the sunrise time, and them not trying to get the domain then. And that in most places, running a legal ad about a name for a time and if no one has claim on it it's yours. I do believe this is the case with TM as well, and try to say that the sunrise should serve for the same thing.

You need to get or make a logo and other stuff for the domain name, to show you was indeed going to use the domain name. Make a site on your desktop, you can say that you had it done and was going to upload it, just before godaddy put ahold on it.

That is what I would do, it should be able to show fair usage of the domain. Will it work, I don't know but it will indeed give them some thing to think about I think. You remember microsoft, paying some thing like 20 million for lindows. That is because if microsoft lost the case, they will not be able to protect the TM very good after that. So they paid them 20 million bucks for it, so it does indeed make these big places worry over it.

[hugegrowth]

doko.mobi in your signature is genius.

just curious, what is 'doko'?

[jasdon11]

Mobiledesigner - have you spoken to MTLD yet?

I'm interested to see what their attitude is to the situation...

[3dGEEK]

just curious, what is 'doko'?

I think it means MUSIC in Japan

[MobileDesigner]

just curious, what is 'doko'?

They are Japanese:
"Doko" means "where"
"uta" means "music" (someone has and is using www.e-uta.mobi)
"ima" means "now"
"iku" means "go"

Mobiledesigner - have you spoken to MTLD yet?

I'm interested to see what there attitude is to the situation...

I just received their email. Seems like good information and their attitude seems very supportive, but im being forwarded to another person who works with this kind of stuff. There is only a certain amount of information that they can give me cause its basically up to wipo.

Seems like to me, that they are shafting you on this.

My thoughts are this, the places that have the most control over these matters, have not and do not even try to prevent this stuff.

First you got the TM holder, they have time to make claim before you got it on any real TM they hold.

Then you got GoDaddy or any other place selling domains, that are TM names and making money on them. The last time I looked at the law, you can't sell TM item or you was in trouble for it. But yet they do it all the time, and think nothing of just taking it back to put on hold.

That is what i actually did already, but it was such a generic name and i did not think of it that much. Also, there is no TM with this company in Japan, but i am on a spouse visa in Japan since i am American.

You also got dotmobi that could make a list of domains, that are of known TM problems. And not sell any of them in the first place, at all 3 steps they done nothing to prevent this from happing. And place all of it on the buyer of the domains, that in most cases do not have the means to know or prevent this stuff.

I read the dotmobi rules, anyone can open a case any time they want on them. Meaning it does not matter they did not try to get it, why should they when they can do it any time they want. So this sunrise is a alot of crap, it does nothing for anyone but dotmobi that is clear.

First they got lots of money, and can push people around that don't have it. Godaddy only cares about the money they can make, they got $29 so they are not worrying about it any.

I complained about the fee and they told me that they would forward it to the department that would be able to. Yea, I was in the military before. I know where that email is going to......

One thing I have thought of, is you can tell them that if they lose, their TM will lose alot of it's value. How can they then defend it from other people, it's a good way to make them worry a little bit.

You could bring up about the sunrise time, and them not trying to get the domain then. And that in most places, running a legal ad about a name for a time and if no one has claim on it it's yours. I do believe this is the case with TM as well, and try to say that the sunrise should serve for the same thing.

That is a great point! But as for TM holders always attacking your name, that would cause a problem. As for now, the name in question (***.mobi) is still in my name, but i cannot change the DNS. It isnt even in my list of .mobis in Godaddy. I checked Whois and
its still there.
Dont you think that this would disturb business if people kept hijacking the domain? During these times of WIPO cases, one cannot upload, update, anything on the domain in question. That would disturb mobile business. What do you think of this?

You need to get or make a logo and other stuff for the domain name, to show you was indeed going to use the domain name. Make a site on your desktop, you can say that you had it done and was going to upload it, just before godaddy put ahold on it.

That is what I would do, it should be able to show fair usage of the domain. Will it work, I don't know but it will indeed give them some thing to think about I think. You remember microsoft, paying some thing like 20 million for lindows. That is because if microsoft lost the case, they will not be able to protect the TM very good after that. So they paid them 20 million bucks for it, so it does indeed make these big places worry over it.

I have already made a few mobile websites before this problem came up and was developing the .mobi in question. Let me tell you that i have been making mobile websites before they have. But this is all too strange what they did. They didnt even contact me. They would pay $1,500 to file the case instead of calling me to make friends. Absolutely unprofessional of them.
They have no use for this .mobi.
Thank you for your advice!

[tas38]

( Dont you think that this would disturb business if people kept hijacking the domain? )

That is true, the thing is they should of given you some kind of notice. And paying out $1,500 before doing so, would seem to point that they will pay to take it if they can.

I'm not sure what the name is, but set some limits for your self on this. It could cost you a bit of money to defend it, and you may lose it anyway. So set a limit of what you will pay, as you can see they are willing to pay what ever it takes them.

You do have some means to fight, it your self by sending them your own points. They will have to look at them, and go by the rules they set for the hearings. So I would start putting together some stuff, to send them if you don't get any help to fight it.

Start looking up cases and TM stuff, that you could use to send them. And even if you get some one to handle it then, you will know alot more about what is going on. People say fight it, but in the end you need to set your own limits. So give it some good thought, now before jumping a head and stick to them.

I know you feel you are getting scewed, but it would be worst if you put alot into it and lose anyway. So set limits now, before things get rolling to far. I would, get your points together so you got that to fall on if needed. That will only cost you time, and could mean all the difference in the end. Use as much online stuff as you can, they can check links fast and easy, and I see they check online stuff in other cases alot.

[PRED]

That sounds good advice tas. Jon, good luck mate
I know you can't say too much. Fingers crossed.
Pred

[typist]

just curious, what is 'doko'?

I also thought dokomo could mean something like "wherever"; in addition there's another potential link which could add credibility to a mobile web brand name - think (ntt) docomo (the latter should obviously be handled with care though).

[zenlogo]

From the info you've provided I doubt their claim would be successful PROVIDED you make a defense. To keep costs down and improve your chances you have to quickly study weblaw! Suggestion: there is a great 'domain' lawyer on-line. his name is Ari Goldberger. Check out his site: http://www.esqwire.com/about.shtml On it he has his cases fully documented including both sides arguments. It makes interesting reading and will give you excellent background for your defense. Ari might even consider taking you on. Best of luck with this, don't let the buggers scare you.

[typist]

...Hon Sir Ian Barker, QC *): transfer.


to the club: you're an evil cybersquatter now. shame on you.


*) the poor mans private parts must be pitifully small, since he needs to surround himself with all these pompous letters.