* The First .mobi Legal dispute

[Asperger]

So ONE guy got to make the decission??? that really isn't fair, how can they refer to a 'panel' as ONE guy? :noidea:

 

[PRED]

Sorry to hear this pal. It stinks! It's like trying to tm ltd. in England.
scandalous! if you're not safe with generic words & LLL, noone's safe :?:

 

[Asperger]

As far as i can see, it was his trying to sell the domain for 550K on eBay which swayed it for the contestor,which they (WIPO) appear to have classed as 'bad faith'.
Why didn't Inc just reg the name themselves if it meant that much to them? Surely they were aware of the mTLD's arrival... YUK, what a STINKER!
Is it possible to appeal this decission?

 

[PRED]

what they're saying is then you're not allowed to try & sell your property
that every domain must be bought for development
it's not good news. they'll all try & reverse hijack, you watch. in all manner of extensions. these domain lawyers work for all manner of companies. they'll go wherever the money is

 

[Asperger]

It'd be very interesting to hear what Pinky from mTLD has to say about this event, and the subject in general,which is bound to happen again now as it's allready had a victory people would be entitled to think they have a valid case to contest someone else holding 'their' .Mobi.
Developers NEED to know they're safe developing .Mobi's without the later threat of such shinannigans at any point.I've also read recently that in the USA they don't need to register a TM officially, they can just claim use of it, without it ever being listed ANYWHERE, appart from where the user is applying it, ofcourse.

 

[tas38]

You got to admit, he looked bad by trying to sell it. Then dance all around that fact, he would of been better just saying he did try to sell it. And that the price was because it's a prime 3 letter domain, as any 3 letter .com also goes for high prices these days.

But because no one got it, he was going to build the domain and use it. This is bad for all domainers, as .mobi falls into the same as .coms as well. I also noticed, they also showed they had plans to use the domain. Even went as far as to show ads, that they had planned to use for the domain. Nice move on their part, bad move to dance on selling the domain.

From what I get from it, is that the INC was about usages of it. They showed they was going to use it, and he showed he wanted to sell it and not a word about building it. There for what could they do, they had fair usage of the domain planned but he did not. This still hurts all domainers, it would of been better just to give it to them. Then to sell it, then try and say you had no plans on selling it.

 

[mjnels]

sounds to me like he got jacked...

 

[Terminator]

Mobiledesigner,

Since there hasnt been a WIPO decision yet, you should still have the domain correct? did Godaddy freeze the domain or what is the current status?
Did you recieve anythin from WIPO yet?

I did a TESS search and came up with only 1 company, is this the complaintent on your WIPO dispute?

http://tess2.uspto.gov/bin/showfield?f=doc&state=pqiqfu.2.1

 

[Laird Mobi]

Jon i feel for you mate, someone needs their head looking at for this misjustice. I think i may develop my judgements.mobi to highlight the wrong doings by WIPO on your case and any other that rears up.

All i can say lads is watch your backs, it's all obviously biased towards the major corps etc. If you post any domains for sale put a little note somewhere to explain that they are earmarked for development, but you need to sell one or two for funding. Just to throw them a little and find something more incriminating!!! May just cover us rather than a full on sales thread???

 

[Terminator]

So ONE guy got to make the decission??? that really isn't fair, how can they refer to a 'panel' as ONE guy? :noidea:

This depends on how much either party is willing to pay, the more Judges you want deciding the case, the more it cost.

 

[Asperger]

According to that WIPO link posted they have made a decission, that it be handed over?
Obviously a kangaroo court.However, i'd have made SURE i got the answer to why they didn't reg the name themselves? It's not like the seller tried to sell the name directly to the complainant, that would have been different.

 

[domainah]

if you lost it, take them to court in New York and show that the company behind that fassade is actually one of the worlds biggest Media companies (Gruner und Jahr, a German Company), they are greedy and evil, the fact they are German gives you excellent chances in NY.

 

[Laird Mobi]

LOL nice one Domainah!!!

 

[domainah]

not only that, the person that founded Gruner + Jahr (Gerd Bucerius) was running a company in Nazi Germany (the Diago-Werke Moeller & Co) that used Jewish People as slaves..a jury in NYC has a right to know that..

 

[MobileDesigner]

...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.

actually, im not a cybersquater. if i got incmagazine, then i would be. inc is general. I got it fair and square. Even if i got my own first name, so company would claim that its theirs. Im 33 and lets say the company is 34 years old (1 year older than me). so that means they have the rights and can take my name!? not fair.

So ONE guy got to make the decission??? that really isn't fair, how can they refer to a 'panel' as ONE guy?

If i wanted a 3panel judge, i would have to pay $1,500

Sorry to hear this pal. It stinks! It's like trying to tm ltd. in England.
scandalous! if you're not safe with generic words & LLL, noone's safe

I cant believe that big companies have authority. If i reg "www.fhskapyufh474993hfdk.co.uk", i could have it taken away from me cause it may be a trademarked name. crappp.

As far as i can see, it was his trying to sell the domain for 550K on eBay which swayed it for the contestor,which they (WIPO) appear to have classed as 'bad faith'.
Why didn't Inc just reg the name themselves if it meant that much to them? Surely they were aware of the mTLD's arrival... YUK, what a STINKER!
Is it possible to appeal this decission?

I brought that up in my response. They didnt reg it then because of:

"ADMINISTRATIVE ERROR"

SO that means that they were lazy. IMO
I was also in the development stages, showed images of my pc, everything.
so what if i put it on ebay. it was my name. generic. any company could have taken it.

It'd be very interesting to hear what Pinky from mTLD has to say about this event, and the subject in general,which is bound to happen again now as it's allready had a victory people would be entitled to think they have a valid case to contest someone else holding 'their' .Mobi.
Developers NEED to know they're safe developing .Mobi's without the later threat of such shinannigans at any point.I've also read recently that in the USA they don't need to register a TM officially, they can just claim use of it, without it ever being listed ANYWHERE, appart from where the user is applying it, ofcourse.

I tried to get Mtld's help, and they didnt. I was developing things like microsoft.inc.mobi or bmw.inc.mobi to interlace all .mobis owned by big companies. now its going to be just some stupid magazine .mobi. Monopoly.

sounds to me like he got jacked...

man, you should see my butt! lol! I thinks so too. i had a great response and then the magazine company sent an additional one! Interstingly, i didnt recieve anything from WIPO stating that they accepted the second complaint. grrrrr.

Mobiledesigner,

Since there hasnt been a WIPO decision yet, you should still have the domain correct? did Godaddy freeze the domain or what is the current status?
Did you recieve anythin from WIPO yet?

I did a TESS search and came up with only 1 company, is this the complaintent on your WIPO dispute?

http://tess2.uspto.gov/bin/showfield?f=doc&state=pqiqfu.2.1

I thought it was decided? im not a lawyer so i have no idea. No lawyers helped me with this.
After i got an email from the beginning, i couldnt do anything with my domain. the registar froze it and it still had the link to sedo. Then the judge saw the site and thought i was still making money.

Jon i feel for you mate, someone needs their head looking at for this misjustice. I think i may develop my judgements.mobi to highlight the wrong doings by WIPO on your case and any other that rears up......

Thank you. I appreciate that.

*****************
All i can say is "DEVELOP" your sites. sedo doesnt help at all. if you have sex.com, yes, sedo is good. Please read the results from this domain and tell me what you think. I think we would all benefit by hearing your words.
Thank you everyone! Im so happy to have this connection with you all! :smilewinkgrin:

According to that WIPO link posted they have made a decission, that it be handed over?
Obviously a kangaroo court.However, i'd have made SURE i got the answer to why they didn't reg the name themselves? It's not like the seller tried to sell the name directly to the complainant, that would have been different.

I NEVER contacted them. I didnt even think of their company until i got a post from WIPO. I havent been to america for 8 years. i have seen SOOOOOOO many companies here in japan with inc.
i think they were just lazy. simply lazy. what else does "adminstrative error" mean? they just screwed up or wasnt responsible.

 

[maroulis]

This is simply HILARIOUS

"With regard to the Respondent’s posting of a fee of USD 550,000 as the price of the disputed domain name at auction, he posted this sum in confidence that nobody would purchase it. He stated another reason for naming such a high price was to increase the importance of .mobi. Offering to sell a domain name for more than the value of the registration fee is normal business practice."

You took a shot for the .mobi gang, I think you're a hero now. As if it's not enough pumping .mobi at DNF, you think listing a name on Ebay for $550K will increase the importance of .mobi..
What's even more hilarious, is the "condolences" from the .mobi gang - usual members, usual comments "injustice, blah, blah, blah". The truth of the matter is you did register in bad faith and that was proven - outcome would have been the same from 1 or 3 person panel...

Btw - this is not the first .mobi WIPO, myFlorida.mobi was also on similar fate where the guy who registered it tried to sell it to Floridas' Dept of Transportation for $50K

 

[Asperger]

This is simply HILARIOUS

"With regard to the Respondent’s posting of a fee of USD 550,000 as the price of the disputed domain name at auction, he posted this sum in confidence that nobody would purchase it. He stated another reason for naming such a high price was to increase the importance of .mobi. Offering to sell a domain name for more than the value of the registration fee is normal business practice."

You took a shot for the .mobi gang, I think you're a hero now. As if it's not enough pumping .mobi at DNF, you think listing a name on Ebay for $550K will increase the importance of .mobi..
What's even more hilarious, is the "condolences" from the .mobi gang - usual members, usual comments "injustice, blah, blah, blah". The truth of the matter is you did register in bad faith and that was proven - outcome would have been the same from 1 or 3 person panel...

Btw - this is not the first .mobi WIPO, myFlorida.mobi was also on similar fate where the guy who registered it tried to sell it to Floridas' Dept of Transportation for $50K

Thats utter codswallop! :smokin:

myflorida was a totally different cattle of fish.This seller didn't try to sell direct to anyone :nono:

This event only proves that .Mobi is looked at seriously by the complainant, otherwise they'd have just let him keep it.They may not have thought .Mobi would have been popular when first introduced, but when they seen how it was moving they wanted their slice of cake back. :yes:

:cell: I bet you've secretly reg'd a few .Mobi's yourself!



:eyebrows:

 

[Dale Hubbard]

Mobiledesigner, I know this sounds a little nuts, but if I were you, I would stop posting in this thread. Any lawyer you consult will tell you that you will have to stop doing so immediately. If I were you, I'd be asking an Admin to have this thread deleted. Just my 2c.

 

[Chelsea]

if you lost it, take them to court in New York and show that the company behind that fassade is actually one of the worlds biggest Media companies (Gruner und Jahr, a German Company), they are greedy and evil, the fact they are German gives you excellent chances in NY.

Immaterial if the company is a German one or not. Nothing about posting such statements in a political forum but not here, please.

 

[maroulis]

:cell: I bet you've secretly reg'd a few .Mobi's yourself! :eyebrows:

Try again... I've regged ZERO mobis