Big Trouble with the 95K sale of MarketIVA.mobi

[Deleted member 5660]

servicemarks and trademarks are both covered by the UDRP

"(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;"

 

[seanboy]

Hey Mocus..Good to see you!

 

[Focus]

I hope he get's J Berryhill on the case, that dude can solve just about ANYTHING. My advice all the way....seek his help no matter what on this one!

Thank you all for the kind words and "welcome backs", I did'nt know I had such a cult following! I love you all too! :hug: :love: :hippie:

DNF rocks! I have no idea why anyone would bother with anywhere else.

Chris eace:

 

[Gerry]

servicemarks and trademarks are both covered by the UDRP

"(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;"

Right you are, but one owns the service mark and another owns the trademark. How does that come into play? Who has the rights to MARKETIVA.MOBI...the SM holder or the TM holder? Perhaps it was the TM holder who outbid the SM holder.

Hmmm...the plot thickens.

BATTLE !!! :argue: :fencing:

 

[Focus]

The person that has rights to it is the company that buys it on the open market imo in this case with a .mobi, if they want to pursue this domain it will be a long uphill battle.

 

[Gerry]

The person that has rights to it is the company that buys it on the open market imo in this case with a .mobi, if they want to pursue this domain it will be a long uphill battle.

Tend to agree. There are a great number of domains out there regged to other entities rather than just the .mobi. Sounds like a sore loser thingy thing.

MO? CUSS !
BATTLE !!!:fencing:

 

[Focus]

sore loser thingy thing

ound:

Dude, you are a riot...I BET they were a bidder.


"Mo Cuss" lol

 

[Laird Mobi]

Personally i'd wait for the C&D letter, and not talk about it until this arrives, if any company worth their salt wants to take action this is the way they should do it. I'd carry on until this hits the door mat!

 

[iDName]

I saw this coming! imo the seller has no chance of keeping the name or selling the name for that price or any price without getting sued by the company unless he is hard to find! (which maybe the case since the whois says he is in Egypt). He has posted all over the domain forums that he is selling a "trademark domain" so he knew this already. I won't post the links here but you can easily find them with Google.

The Sedo listing specifically stated in the desciption, "Just look at Marketiva.com, feel the magic!" No doubt they have the screen shots.

The amount of press caused by the large public auction sale at the worlds most well known domain marketplace could be considered to be damaging the reputation of Marketiva Corporation (tm) (with the description message which is basically taking the piss!!!) and so they could sue for damages.

I think he said on the other forum that he contacted the TM holder initially before sending the name to auction so no doubt they have the emails.

If the case goes to court then he will blatently lose imo. If the sale goes through and he gets his money, then they can't find him, well that's another matter. ;-)


I would also like to hear what J Berryhill has to say about this!

 

[Focus]

I hope Sedo wants their cut and stays true to the game so he gets his rightfully earned squatting fee! lol

 

[Chelsea]

Good to have you back here, Mocus !

 

[Focus]

Thank you, thank you..stop it please you are all making mocus blush! hehehe
Now someone buy something from me for 95k and make me a happy mocus! lol

:hug:

 

[Chelsea]

Mocus for PRESIDENT!

Mocus.mobi is still available...:lol:

 

[Focus]

who will be the lucky one? maybe they can hold it over my head for 95k!

 

[Creature]

Does the seller of Marketiva.mobi even technically own the domain? He sold it at the auction didn't he?

 

[H2FC]

Does anyone know how I would go about finding out who the other 3 bidders are? Is there any way possible? Now that the auction is over will Sedo tell me or is that against their rules?

 

[Focus]

ask sedo..call their office

 

[Asperger]

If the email is real, sedo will just hand over the domain to the legal owner.
They probably waited for the domain to sell before striking, as now it makes the seller look like he was just in it to make a quick buck.
I've recently started checking ALL trademarks for .mobi domains i may purchase, just incase, its just not worth the hassle.
I hope this seller manages to sort something out.If the domain does indeed belong to the .com, then i don't think they'll persue it as long as they get their domain, it wouldnt be worth them damaging their image for what they could possibly squeeze out of you in damages.

 

[Focus]

What??? lol..sedo does'nt HAND OVER domains to people or companies that complain about a TM infringement?! What are you talking about? lol

If the email is real, sedo will just hand over the domain to the legal owner.

ound:

 

[Asperger]

Actually you're right,
Sedo will probably hold onto it until after the WIPO decission.What if the high-bidder at $95,000.00 was infact the .com? . I'm just exploring the angles here.These .mobi's are turning into a right old murder mystery.
Pleased to meet you Mocus.