Yeah, Catoonz, you're so right, and you know so much about domain case law, before last May we had only heard of this, since we go out of our way to stay away from TMs we didn't think this could happen to us so soon, then we got 3 in a row in < 90 days, the only one I don't have a thread on is actually the worst one (another domain, not this N-NN.com), where the UDRP was already sent to me by the Complainant (and Go Daddy got a copy and fukcing charged me $70 to "receive" it, can you believe those jerks ?? I'm fighting that)....that one is by far the worst in that I can't pay a lawyer for the WIPO stage, as you see I wouldn't defend myself properly to say the least, but we might give it a shot, a no show by the accused can be viewed as admission of guilt, but some domainers have won w/o even putting a defense, I had started a thread on that one on DNF but a domainer told me to edit it since WIPO may have readers here and I said things that could hurt me, I don't think I did, but since DNF doesn't let you edit posts in legal forums the mod had to delete it, but I'd like to share w/all of you what they're doing to me, they came at me w/all their guns for a name not worth much, dunno if starting a thread --even if I don't mention the domain or the Complainant's name-- would be recommended in an ongoing WIPO process (Amazingly I have not heard from WIPO directly on that other one, it was the Complainant who sent me the huge motion they've begun and they sent a copy to Go Daddy, I'm scratching my head as to when I could start sending WIPO my defense arguments if I go for it, this is weird)
Anyway, as for this moron and this N-NN.com case (this thread), I've been lettin him have it, it's not like he calls me a fukcing squatter and I let him, here's some of what he said:
....since you seem to have taken it personally, tell me how you are not squatting? In a real property world, a squatter employs abandoned or unused property whereas cos. like yours that buy up domains are actually keeping them from being used, or placing an artificial tariff on using the domain. This tariff hurts development and the market in the same way that a squatter must be cleared from an abandoned building when the rightful owners decided to put the property to work - I really do see the similarities.......you need to be compensated for it, but honestly, what value are you adding? .... It is not personal for me at all. Remember, you are the one that is all offended about my squatting characterization of the practice. You are the one acting like you want pick a grade school fight. Get over it......
......I am wholly confident this domain can be obtained due to its trademark infringement and your use of the domain - I would much rather pay $1-2K to pursue UDRP arbitration or to even start an ACPA and FTDA claim than to pay a squatter the $1k. My $300 offer is what it would cost to have an attorney send a C&D letter..... I do have considerable contempt for the practice that is shared with other market killers such as patent trolls. It is this contempt that had motivated me to acquire domains without paying exorbitant prices. My cost benefit analysis looks at a picture larger than just this transaction. The more companies stand up against domain squatters, patent trolls, and the like, the more the market will be corrected. I know what an injunction agaist a north american company for alleged trademark infringement will cost. I know what a UDRP process will cost.....The situation along with some of your comments do give me enough to pursue a claim in good faith. The strength of that claim would depend on what is found in discovery. The trademark is for a product that is presented in numerical form. A C&D letter is a formality that we should do to show the court we attempted to resolve the matter prior to civil action. I am sure the emails we have exchanged would suffice. We will provide details of the trademark when asked to do so through discovery requests. Until then it is not available for your review due do the confidential nature of the project.....
......you can serve me with your civil action at XXXXXXXXXX, there is both law for malicious prosecution and for making false representations to the court. There is no authority to rely upon to seek damages of "emotional distress, loss of work, etc".....My offer of $300 is still available.....
And Cartoonz, I'm not all that gullible, or a pushover, at least not in the real world, I was just trying to be practical (pragmatic), take what I can get and let this one go, I would not have done that for a domain I value highly or just do not want to sell, the fact that he doesn't disclose the "thing" of his I'm "violating" was fishy, I know, I've kept asking him many times, but later I just assumed perhaps he and his lawyer think they have a decent case because I just have it parked, that works against domainers big time at WIPO and they could actually take my domain if WIPO sides w/them, if in fact there was a trade name/biz/website or some "name" they use they don't wanna mention....w/those 3 digits. As disgusting as this sounds we need the money given all we've lost and no one had made good offers for this N-NN.com lately, he might say yes to the $500, he hasn't answered my last email, my instinct was to stay put and call his bluff....and do I want to ask him for $1,000, tell him to show me the TM and fukc off if he doesn't agree ? YES, all I was tryin to do was cover all bases if I could and maybe get him to pay me some $ for the domain
It may have been that getting the other real UDRP (for another domain) at exactly the same time made me think "get $300-500 for the numerical and be done w/it" the jerk here had also mentioned a plain lawsuit at some point as an alternative to the UDRP) he's in a different state, bluffing ? maybe, the thing is if he surprises us and there's something there and he wins whatever motion I'll be left with zero since we can't afford an IP lawyer, I know you think it's all phony stuff what he's saying. As far as spending thousands trying to win the name when he could give me a small fraction of that, what I thought was he may be rich and can afford to get a name paying more money as long as the domain holder gets nothing, he may have been scammed by someone in domaining or wronged in some way
Thanks again, Cartoonz, I really value your opinion, I've read some of your posts in legal threads and you sure know a lot of stuff, I just hope you didn't learn it by appearing before WIPO too often LMFAO
