* The First .mobi Legal dispute

[MobileDesigner]

Well, this morning, I was contacted by Godaddy informing me that someone is going to take my name away. Below is the email:

___________________________________________________________

Dear Jonathan,

We recently received an inquiry related to your domain name, ***.MOBI. The specific inquiry related to your domain name can be described as follows:

Legal dispute on domain filed through the World Intellectual Property Organization, www.wipo.int. Questions to, [email protected].

In accordance with our registration agreement, https://www.godaddy.com/gdshop/lega...p?prog_id=GoDaddy&isc=&se=&from_app=&app_hdr=, 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
___________________________________________________________

This is crazy! If it were Microsoft.mobi, I could understand, but ***.mobi a generic name!? How can you trademark "a generic name"?

:fencing:

 

[GoPC]

inc magazine?

GoPC

 

[Creature]

That does seem totally nuts. How much would it have cost them to start a wipo? I wouldn't change anything at all now that it's started. Perhaps you should chat to a lawyer before adding to this thread! There are 2 famous lawyers that hang out in here. Check the legal section. Good luck.

 

[think]

That is a pretty generic term.

If it were Yahoo.mobi or something like that it would be different

I would call my lawyer immediately and fight it.

If you aren't doing anything related to the TM holders category of business they shouldn't have a case. I'm not a legal expert and this is just my opinion.

Whoops read that wrong. GoDaddy is charging your credit card $29.00 to look into it?

 

[MobileDesigner]

inc magazine?

GoPC

I dont know. It only gives me a case number:
(link deleted)

That does seem totally nuts. How much would it have cost them to start a wipo? I wouldn't change anything at all now that it's started. Perhaps you should chat to a lawyer before adding to this thread! There are 2 famous lawyers that hang out in here. Check the legal section. Good luck.

Thank you. I guess I would have to upgrade to Exclusive to speak to them. I may have to hire an international lawyer here in Japan to represent me. My Japanese skill is not that good in law. Thank you for the advice! :shy:

That is a pretty generic term.

If it were Yahoo.mobi or something like that it would be different

I would call my lawyer immediately and fight it.

If you aren't doing anything related to the TM holders category of business they shouldn't have a case. I'm not a legal expert and this is just my opinion.

Whoops read that wrong. GoDaddy is charging your credit card $29.00 to look into it?

Yea, and i called godaddy (cause they told me to call them) and they said they couldnt say much. So....why did they want me to call them? :crazy:

so, I have been charged $29 for them to look into it. I gotta write this stuff down.....(hmmm....charge additional $29 to plaintiff...). :suspicious:


I do need to get a lawyer. Would like to countersuit against this plaitiff. If it was such a big deal, they should have contacted me. I missed a postal delivery in the Japan Post, and its overseas (couldnt be a care package from my family) so it must be them, i guess.

 

[jazzpetals]

The GoDaddy fee is just an admin fee they charge everyone when someone disputes a name, doesn't mean they are looking into squat.

On the bright side, you have some good names there.

Hope all works out for you.

 

[Zoobar]

Generic term worth defending. I would think you can get a reverse hijacking decision with this one. I would clear your comments and speak to a lawyer immediately.

 

[MobileDesigner]

The GoDaddy fee is just an admin fee they charge everyone when someone disputes a name, doesn't mean they are looking into squat.

On the bright side, you have some good names there.

Hope all works out for you.

Thank you.
Have you ever been through one of these before? $29 for doing nothing! jeeshhh. Also, godaddy took the name out of my account... Still in my name, though...I wish that they could have given me a 20minute-window so i could have written a message on the site...

Generic term worth defending. I would think you can get a reverse hijacking decision with this one. I would clear your comments and speak to a lawyer immediately.

cool! I sure hope so. just sounds so darn strange that one company thinks that "they" are the only ones to have this name. I also noticed the other names with different extensions. All of them, nothing on the website! fishy...
I had emailed a lawyer to see what he has to say about this. Ill see what he will say. Thank you for your advice! :bounce:

 

[typist]

email John @ johnberryhill.com or contact http://www.lewishand.com/StaticForm.shtml

If you think this domain has potential - and maybe it has, since someone else wants it so badly - defend it.
Going straight to a WIPO dispute without even contacting you smells like bad faith.

Stay away from Godaddy and never keep a card on file there. I'd recommend Moniker.

 

[TheLegendaryJP]

Keep us posted. BOL

 

[duceman]

email Mr. Berryhill

 

[MobileDesigner]

email John @ johnberryhill.com or contact http://www.lewishand.com/StaticForm.shtml

If you think this domain has potential - and maybe it has, since someone else wants it so badly - defend it.
Going straight to a WIPO dispute without even contacting you smells like bad faith.

Stay away from Godaddy and never keep a card on file there. I'd recommend Moniker.

Thank you for your support. I will defend it. but I have no money to defend it... :mad2:
I should have went with moniker, but i registered names with other registries as well. Once this blows over or is resolved, i will move my names to moniker. Thank you for the suggestions!

If it helps these are the registrants for each top level inc domain.

xxx.com - Active site - Mansueto Ventures LLC NY
xxx.net - Blank page - Mansueto Ventures LLC NY
xxx.info - Blank page - Trademark Date:2000-10-01 - JSDC Jamaica
xxx.org - Blank page - Organization:Etere CA

I had it on SEDO to see how many hits would come to it and planned to develop the site like my other 4 mobile websites so there are no links. So this company simply tries to register all of these names?
Thank you for the research. You did well. isnt it odd that the inc.xxx are all blank? Isnt that the strangest thing?

email Mr. Berryhill

I have contacted him and waiting for him to contact me. I hope that i can keep the name. My intent was to develop the site as a portal, but now Godaddy has taken the name from me and there is nothing that i can develop on it. I hope that i have more rights to this name cause the owner of those other names do not have any mobile websites unlike me who does it at a company.
There is a post waiting for me this afternoon from overseas (im in japan) and it could be something. I hope that its not a bomb :tape2: once I find out what it is and if its related to this, I will let everyone know the contents.

 

[Togoodhlth]

Wonder if they filed the wipo for this one as well:
wwwincusa.com
The complainant is "Registered Agents, Ltd. of Wilmington, Delaware, United States".
If it is then I cant see thim winning this one after reading the previous wipo case.

Anyway good luck.

 

[MobileDesigner]

Wonder if they filed the wipo for this one as well:
wwwincusa.com
The complainant is "Registered Agents, Ltd. of Wilmington, Delaware, United States".
If it is then I cant see thim winning this one after reading the previous wipo case.

Anyway good luck.

Thank you. I appreciate your input. As to the www.incusa.com, here is a copy of that case's resolution:
http://www.wipo.int/search/cs.html?...cs+pctndocs+prdocs+pubdocs+upov+www&n=1&la=en

 

[picassoface]

Why would Moniker have been a better registrar in this case ?

 

[typist]

because they don't charge $29.00 for doing nothing?

apart from that, moniker customer service doesn't send you general canned nonsense responses to specific inquiries, like godaddy does.

 

[StockDoctor]

Generic term worth defending. I would think you can get a reverse hijacking decision with this one. I would clear your comments and speak to a lawyer immediately.

I agree with Zoo. Go after the reverse hijacking and hit them with a penalty. Do go with Berryhill as attorney.

 

[MobileDesigner]

I agree with Zoo. Go after the reverse hijacking and hit them with a penalty. Do go with Berryhill as attorney.

I will think about that. I have contacted Berryhill at his email. Thank you ever so much for your support.

I have received the complaint by the postman today.
everyone can pm me to know what it is.

 

[PRED]

I agree with Zoo. Go after the reverse hijacking and hit them with a penalty. Do go with Berryhill as attorney.

Yes i agree. Good luck with it all. Comonsense says you should prevail but it is not always the case.
However there was no bad faith etc. I am anticipating a lot of this where companies have missed the boat & wil try bullyboy tactics to get their mobis, or other extensions come to that.
Just to set the record straight, Predator had the fist .mobi Legal dispute! LOL
I handed it straight back tbh when i realised they had a tm going back 40 years. LOL ound:
It was a drug & i thought it was a term in public domain.
Anyway, yours is different from what i can see. Hopefully Mr. Berryhill can sort you out.
Incidentally , maybe you are covered by insurance for a legal dispute?
It is something i have just thought of. Maybe by your credit card company, home insurance, business insurance? Worth asking about that too?
Cheers, Pred

 

[GoPC]

I should think you would WIN this... Berryhill would probably do it on Contingency as there might be a big payout at the end

Harrassment... wrongful prosecution... reverse hijacking...

Best of luck.

GoPC