INC.MOBI owner loses domain in WIPO decision.

[Gerry]

Unbelievable and disasterous decision.

Link to article:

http://www.dailydomainer.com/200750-the-fight-for-mobi.html

Link to actual case:

http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1479.html

Please pay particular attention to these items in the case:

5. Parties’ Contentions
A. Complainant

The Complainant further asserts that it wished to take advantage of the “sunrise” registration period for .mobi domain names in order to protect its mark. However, through what is said to have been an administrative error, there was a failure to register the disputed domain name during the sunrise period.

C. Additional Submission – Complainant
INC was not included in the Premium Name list produced by the global registry for .mobi domain names.

All of this matter placed in the hands of one individual.

Hon. Sir Ian Barker
Sole Panelist

Dated: January 19, 2007

 

[Duckinla]

That has to be as unfair a ruling as I've ever seen. Can't even imagine it was being used in bad faith.

 

[MobileDesigner]

i cant believe it........im not a reseller. im a mobile developer... completely not fair. thank you guys for your support. this shouldnt be unnoticed. :worried:

 

[rusty123]

Bad luck to the domain owner. Lost such a nice name.

 

[domain newbie]

this is highly unfair, i think you should make an appeal

 

[typist]

there's also this thread about the same issue:

http://www.dnforum.com/showthread.php?p=1073482#post1073482

 

[DNQuest.com]

And this is where an experienced domain lawyer would come in handy. With that domain, I am shocked he had no representation. Unfortunately, this is one of the situations I always preach about. You must protect yourself, you must use the domain and establish rights. Do not sit on the "it's generic" defense. UDRPs are slighted against "perceived" squatters. Like it or not, that is the tuth. Remember.. usage usage usage... and not using a domain can hurt you.

I do believe it is a bad ruling and I hope the domain holder takes this to court because it does set a dangerous precedent for us.

 

[Gerry]

I do believe it is a bad ruling and I hope the domain holder takes this to court because it does set a dangerous precedent for us.

Are you familiar with the appeals process?

I am amazed at the ruling, the panelist's finding, the poor defense, but also the complainant's case.

 

[DNQuest.com]

There is no appeal process, the next step would be court.

As far as generic words being rejected by the USPTO, that means there is no registered mark, that does not mean there is no TM. TM status can be obtained through common law. Since it cannot be registered does not mean there is no TM for it.

 

[Creature]

Unfortunately, this is one of the situations I always preach about. You must protect yourself, you must use the domain and establish rights. Do not sit on the "it's generic" defense. UDRPs are slighted against "perceived" squatters. Like it or not, that is the tuth. Remember.. usage usage usage... and not using a domain can hurt you.

vBulletin are now £106 better off since I read this.

 

[Gerry]

vBulletin are now £106 better off since I read this.

What is vBulletin?

 

[MobileDesigner]

this is highly unfair, i think you should make an appeal

Thank you all for your support. i have sent a simple email saying that i appeal it. Im supposed to have a lawyer represent me within 10 days, but it takes longer to get a lawyer in Japan. Im also quite confused with this.

http://www.dnjournal.com/legal/sl-genericdomains.htm

Just for the record, I sent pictures of my files with the dates stating that i was in the development stages.

Also, i "never" contacted the complainant. I know them with "magazine" and not by inc by itself, cause its generic. And they purchased incmagazine.mobi after i submitted evidence that they were not interested in inc.mobi.

What will become of this? My evidence that i sent was mostly thrown out of the window. Im not that rich as the complainant to afford an attorrney. I never thought that it would come to this situation. im pissed. really, really pissed. if i were to take www.me.mobi, then would Time magazine take that name away from me!?

Any advice would be appreciated.

The lawyer on this forum wasnt interested in taking this case, so i basically did it on my own. :disappointed:

 

[Gerry]

Thank you all for your support. i have sent a simple email saying that i appeal it. Im supposed to have a lawyer represent me within 10 days, but it takes longer to get a lawyer in Japan. Im also quite confused with this.

http://www.dnjournal.com/legal/sl-genericdomains.htm

The authors of the article you just mentioned are lawyers.

I would contact them without delay.

 

[GT Web]

I think it's a bit late to get lawyers involved now. The expense of taking this to court will be massive...

It's a poor ruling and I feel for you, but you also should have done some of this preparation before the WIPO hearing.

 

[Gerry]

Jon,

You have the support of other domainers on this forum and NamePros.

PM me for details.

 

[Duckinla]

I would definitely start an appeals process. I would be open to reasonable solutions offered by the other party as well. I would also be very careful what I say in forums in the meantime.

 

[Gerry]

I would also be very careful about what I post on forums in the meantime.

I agree with you here. Perhaps no public response would be best.

 

[seanboy]

The expense of taking this to court will be massive...

Around how much would it cost to take a case like this to court? I've never had to go though something like this (thankfully) and was just curious. Thanks..

 

[GT Web]

Around how much would it cost to take a case like this to court? I've never had to go though something like this (thankfully) and was just curious. Thanks..

Honestly, I don't have much of an idea. However, I know how expensive a lawyer's time is. I guess if you think the name is worth an easy $5000+ its worth it. But if you spend a few thousand on the appeal and don't end up winning it...yikes.

Does anyone know how many WIPO decisions have been appealed and subsequently overturned?

 

[Focus]

The chance of ever getting this domain back is basically none, sorry my friend..this was VERY unfair imo...you never know who's on who's payroll.