#1 2007-11-13 12:36:30

I KNOW this isn't cruel material (to most of you) so you can all Fuck Off(tm) in advance.  Thanks!

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A cybersquatting company bought up my personal name (that I used to own, registered as an URL for my freelance business).  They bought it up before I could re-register it (in a matter of hours). This domain is my legal name.

According to the Truth in Domain Names Act , people who register domain names that are either trademarks or individual's names with the sole intent of selling the rights of the domain name to the trademark holder or individual for a profit liable to civil action.

I do not need to prove a trademark on my own name, do I?  Btw, the site has nothing on it but the usual spam for a shopping search engine.  Also, they have tons of claims pending against them at the WIPO website.  Any intellectual property lawyers out here with thoughts?  HK, thought you might have a few as well.

The company, Texas IP responded to me with this crap within seconds:

In order to properly evaluate your claim to this domain name, more
information from you is needed.  If you have a federally registered
trademark and believe that the domain name is somehow infringing on
that trademark, please forward us all relevant information via email.
If you do not have a federally registered trademark, please forward
the information which you believe establishes your common law
trademark rights.  To assist in the evaluation of your claim, please
indicate whether you believe that your purported trademark is
arbitrary or fanciful, suggestive, or descriptive along with proof of
secondary meaning where required.  Secondary meaning in this case
means that the public has come to view an association formed in the
mind of the consumer which links an individual product with its
manufacturer or distributor.  This is subject to a three-part test:
1.        The length and manner of use;
2.        The nature and extent of advertising and promotion; and
3.        The efforts made in promoting a conscious connection
between the name, word, term, or mark and the product, service, or
business in the minds of consumers.

At this time, we have no intention of transferring the
above-referenced domain name but will gladly review any information
you may wish to send.  We take such claims seriously and if you can
not substantiate your assertions in this regard, your conduct may
constitute reverse domain name hijacking for which we may seek
monetary damages and other legal remedies.
Nothing in this letter should be taken as any express or implied
waiver of any of our rights, claims, or interests in the
above-referenced domain name.

Texas International Property Associates
4041 W. Wheatland Suite 156-417
Dallas, Texas 75237

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#2 2007-11-13 12:37:24

I also filed a report with the InterNIC for domain cybersquatting.  Not sure what that will do, since the company already has a ton of cases pending against them.

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#3 2007-11-13 12:53:36

Check your messages.

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#4 2007-11-13 14:50:23

You might want to send rcade an email on this.  He went to the mattresses over WarGames.something or other and beat a major Hollywood movie studio into the ground.

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#5 2007-11-13 15:03:43

Yeah, the only thing is, I know I am in the right.  But do I want to spend the time and money to prove it?  I'm sure they are banking on the fact that I don't...

WE'll see, I may drop old Cadenhead an email.

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#6 2007-11-13 15:07:07

Oh, thanks for the thoughts, HK. 

I'm not interested in money persay, I would just like my domain name back.  However, if I could *get* some money out of it...I guess that wouldn't be out of the question.

I PMed you back.

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#7 2007-11-13 15:12:59

Roger_That wrote:

Oh, thanks for the thoughts, HK. 

I'm not interested in money persay, I would just like my domain name back.  However, if I could *get* some money out of it...I guess that wouldn't be out of the question.

I PMed you back.

The problem with assholes like that is that they usually have no assets, so even in you pay an attorney to pursue them and get a whopping judgment, you're likely to never be able to collect on it...plus you're out of the money you paid the lawyers regardless of the outcome.

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#8 2007-11-13 15:16:23

Yeah, that is why I'd settle for getting my domain back and not having to spend any money to get it.   I think what pisses me off the most is the fucking 5 second turn around time before sending me their boilerplate reverse-threat letter.  Probably laughing back there knowing that I won't pursue it.

Why are people such fucking retards?  They aren't doing anything with my domain, and I'm certainly not going to pay them for it.

It sure would be nice to put them out of business though...

Last edited by Roger_That (2007-11-13 15:17:25)

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#9 2007-11-13 15:29:58

I sent you some additional thoughts in a PM.

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#10 2007-11-13 15:34:47

Thanks.

Does anyone want to fork over 1K to pwn a company for a domain name squabble?  I'm pretty sure that's what this degenerate company is banking on...

Now that I've already threatened them lightly with litigation, they won't give up the site easily.  I hadn't thought about that, or I would have marked the expiration date and seen if they dumped it off.  It's been almost a year. 


RT

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#11 2007-11-13 18:47:48

Roger_That wrote:

Why are people such fucking retards?  They aren't doing anything with my domain, and I'm certainly not going to pay them for it.

I'd like to know what HKgirl had to say, if she's willing to let you condense whatever advisement she gave, publicly. I have a friend who's going through the exact same thing (he already has the .net, but the squatters are being dipshits about the .com). I think he's haggling with the registrar, not the registrant (and he's certainly not wasting his time with ICANN).

One of the issues tho, and I dunno if she may have already mentioned it, is related to your quote above. In some cases--I say from experience, not as a legal opinion--it's not enough that they aren't doing anything with it, but that you have to demonstrate some need for the TLD. Depending on where you're located, their feckless ransoming of your name doesn't represent a personal or professional loss to you if you don't have plans for it either, and they're not using the name maliciously. I'm betting, however, that you DO have something in mind for the site.

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#12 2007-11-13 19:08:34

Pale -- you have mail.  I don't want this to turn into the legal advice (and speculation) forum.

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#13 2007-11-13 20:55:00

Thanks. Understood. That's why I figured it would be best to get your permission first.

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#14 2007-11-13 21:00:29

Actually, I owned the site before they snagged it.  I was out of country when my domain expired and didn't have it set up to auto renew.  So I didn't realize it was gone till I got back.  So these losers in Texas grabbed it.

At any rate, I have a freelance business that is set up at a hyphenated version of my name.com.  I just want the non-hyphenated URL back on principle.  Know what I mean?

It's certainly not worth 1K for me to fight them...it seems they make taking their chances against being sued for this kind of shit their livelihood...

Oh well.  Fuck 'em.

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#15 2007-11-14 11:52:42

That's a tough one because you can't scare them over the prospects of a UDRP, since they've already lost so many. But they are legally subject to up to $100,000 for cybersquatting your name, so that's one potential minitube you can ram up their ass.

I'll post a longer answer later when I have more time.

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#16 2007-11-14 12:11:19

thanks.  I'm thinking as many times as they've lost they can't possibly have any money worth suing over.

I really just want my domain back, and I don't want to have to spend 1K to get it.  Fuckers.

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#17 2007-11-14 13:39:05

"I'm thinking as many times as they've lost they can't possibly have any money worth suing over."

They own 500,000 domains and have fought legal battles against Exxon and other big companies. I suspect they're making a shitload of money.

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#18 2007-11-14 13:40:54

Oh, nice.  Well then... I guess I'm back to square one. 

Hmm.

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#19 2007-11-14 13:54:27

If the domain name has no economic value to you it's not worth the investment in trying to get it back.  Chances are they'll give it up anyway when they determine that no one wants it.

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#20 2007-11-14 15:14:17

Just a question about what’s in it for them.  Is this company composed of lawyers who make money by having courts order losing plaintiffs to compensate the company for their legal expenses?

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#21 2007-11-14 15:19:00

I think they hope that someone would rather pay them the 100-1000 bucks to buy the domain back if they really want it, rather than litigate against them in court for the price of a retainer.  Like HK said, as soon as they realize no one wants it, they'll probably drop it. 

So, money is in it for them.  Without very much effort other than employing a cavalcade of lawyers...

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#22 2007-11-14 15:26:45

fnord wrote:

Just a question about what’s in it for them.  Is this company composed of lawyers who make money by having courts order losing plaintiffs to compensate the company for their legal expenses?

No, they just buy the domains at cost and then try to sell them for a profit.  Like RT said, they know most people will pay them for the domain because it's MUCH cheaper than attempting any sort of litigation.

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#23 2007-11-15 11:37:14

They also make a lot of money on click-throughs due to type-in traffic. Unless there's a reason people are typing in your name as a domain, though, they're unlikely to be earning much that way. But with 500,000 domains, they're raking in a lot of dough on clicks.

One thing you should do is join GoDaddy's domain monitoring and backordering service, and put in an order on your name. GoDaddy only sells one catch per name, and if they don't get it for you after it expires, you can transfer it to another domain.

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