I just got a name taken by WIPO :(

[steveatvillassteveatvillas is verified member.]

Tell me if this is fair.
The name is "JardinasdePaz.com" which is translated "Gardens of Ease"
I used the keyword "gardening supplies."

Actually, it means "Gardens of Peace". And, I could see that that is more appropriate for cemetery and funeral services, rather than garden supplies, especially understanding the Spanish language and culture. A Spanish speaking person would never cognate that this would mean garden supplies.

Bad luck.

Sorry, this is mispelled, It is, correctly, Jardines de Paz.

So, if the Claimant was claiming some sort of infringement on Jardinas de Paz, any Spanish speaking person could refute this claim, as Jardinas isn't even in the language.

And no Spanish speaking person would ever call a funeral service Jardinas de Paz, because it is a nonsensical term....it means absolutely nothing.

Normally, I am on the side of the TM holder, or owner of a long standing business covered by common law trademark or general usage. In this case, you were completely within your rights to keep the name, simply because there is no such word as jardinas.

Sorry, mate, you were gamed.

 

[marcorandazza]

It might be different under Spanish trademark law, but the fact that there is no such word actually makes it more likely that a term would be protectable, not less.

That doesn't mean that the seizure was not unfair, I take no position on that. But, the absence of a word in the operative language is, if relevant, a factor that weighs in favor of the complainant.

 

[Bigtime]

I am not a domainer (but I like reading these forums). Just to clarify, Godaddy does take the $30.00, but if you win the UDRP Godaddy refunds the $30.00. In fact, the email I received on the refund was how I initially found out that the decision was made for my UDRP. The decision was emailed to Godaddy also and I am guessing that within 5 minutes, the refund email from Godaddy reached me.

I am not saying I agree with the $30.00 charge, but at least they refund it if you win the UDRP.

 

[Theo]

I am not a domainer (but I like reading these forums). Just to clarify, Godaddy does take the $30.00, but if you win the UDRP Godaddy refunds the $30.00. In fact, the email I received on the refund was how I initially found out that the decision was made for my UDRP. The decision was emailed to Godaddy also and I am guessing that within 5 minutes, the refund email from Godaddy reached me.

I am not saying I agree with the $30.00 charge, but at least they refund it if you win the UDRP.

That means GoDaddy is not charging that amount for "administrative purposes" only.

In other words, GoDaddy assumes you're guilty before proven innocent and takes your $30.

What a crock of shit.

 

[Nomzo]

I bet they were laughing their asses off when that was first brought up in a meeting. Then after about a minute, "Guilty fee, I like that. Can we do it?" :lol:

 

[Theo]

Tom, exactly.

 

[steveatvillassteveatvillas is verified member.]

It might be different under Spanish trademark law, but the fact that there is no such word actually makes it more likely that a term would be protectable, not less.

That doesn't mean that the seizure was not unfair, I take no position on that. But, the absence of a word in the operative language is, if relevant, a factor that weighs in favor of the complainant.

Not debating TM law, Spanish or otherwise, in this instance.

What I'm saying is that no Spanish speaking person would use the word Jardinas, in any use, ever; cemeteries or garden supplies or Aunt Minnie's underwear (la ropa interior de Tía Minnie). Any more than an English speaking person would use the word HçtDøügs. Well, a typo domainer would, hehe.

 

[Bigtime]

That means GoDaddy is not charging that amount for "administrative purposes" only.

In other words, GoDaddy assumes you're guilty before proven innocent and takes your $30.

Here are excerpts from the email. I have taken out any personal info.

Dear John xxxxx,
We recently received an inquiry related to your domain name, xxxxxxxxxxxx.NET, xxxxxxxxxxxx.NET. The specific inquiry related to your domain name can be described as follows:
We have received notification that a legal complaint on the domain name(s) has been filed through the National Arbitration Forum, http://www.adrforum.com. Please contact [email protected] with any questions.
In accordance with our registration agreement, https://www.godaddy.com/gdshop/legal_agreements/domain_registration_GD.asp?prog_id=GoDaddy&isc=gdbb135, we have charged your credit card in the amount of $29.00 for our processing of this inquiry.
If you have any questions concerning the above, please contact our customer service center.
Thank you for your continued business,
GoDaddy.com

And then after the dispute was settled

Wednesday, August 05, 2009 8:38:31 AM


Dear John xxxxx,

GoDaddy.com has received a refund request for the following items:

[FONT=arial, sans serif]
QTYITEMPRICE-1Administrative Fees - 29($29.00) xxxxxxxxxx.NET, xxxxxxxxxxx.NETSubtotal: ($29.00)Shipping & Handling: $0.00Tax: $0.00Total: ($29.00)[/FONT]