I bid $611,000 for music.mobi - Lawsuit Pending - Page 3

dotprofan · 12-06-2007, 08:16 PM

Good luck in getting this matter resolved - sounds like a real injustice.

(Nice choice of a domain name for your blog BTW!

)

connections · 12-06-2007, 08:52 PM

this has made it onto google news

http://domainnamewire.com/2007/12/07...-against-sedo/

-OutlawBiker- · 12-07-2007, 09:09 AM

Originally Posted by Mobi Cheap

Sorry I forget, what was it again you recommended the OP spends those $600k of branding dollars on?

Promotion other than just that name. nobody knows what mobi is and it's gonna take another big chunk of cash to brand it. save the cash, do the same exact page in the mobi format for free, as a sub. the mobile market isn't dependent in any way on the mobi extension and it'd be just as tough to brand .mobi on the end of a keyword as it would be to brand a sub imo.
????: NamePros.com http://www.namepros.com/dot-mobi/403779-i-bid-611-000-music-mobi.html

Originally Posted by connections

this has made it onto google news

http://domainnamewire.com/2007/12/07...-against-sedo/

would have been better of domainnamewire to have included the .com and the link to namepros.

zouzas · 12-07-2007, 03:27 PM

Costa

nice logo http://mobi.music.us

looks like some binding emails from sedo.

goodluck with it

sashas · 12-07-2007, 03:36 PM

its sad because Costa seems to have some genuinely good plans for the name.

tdm300 · 12-07-2007, 03:59 PM

I think he actually has a good chance to win.

If ebay did something like this, they would get crushed.I think if he goes to court, he has a good chance to win.

dalem · 12-07-2007, 04:05 PM

He will and everyone else that was ripped off will too!

namewaiter · 12-07-2007, 04:19 PM

Originally Posted by tdm300

I think he actually has a good chance to win.
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

If ebay did something like this, they would get crushed.I think if he goes to court, he has a god chance to win.

actually i totally disagree, if something like this happened on ebay, there is no way they would loose a case in court ... they would definetly have their bases covered by their legal team and extensive terms of service... now sedo on the other hand, i'm not so sure of.

sashas · 12-07-2007, 04:36 PM

Originally Posted by namewaiter

actually i totally disagree, if something like this happened on ebay, there is no way they would loose a case in court ... they would definetly have their bases covered by their legal team and extensive terms of service... now sedo on the other hand, i'm not so sure of.

Thats the whole thing. eBay's got billions of dollars and the top legal teams backing it. Sedo on the other hand, is the cheap, unethical, lazy, unprofessional kid that seriously needs its ass kicked for a wake up call. Imagine the repercussions of this! Faster, more transparent auctions, Buyers will actually pay and sellers will actually sell...

sld7 · 12-07-2007, 04:38 PM

1) Did you actually pay for the name?

2) Was any kind of consideration given to bind the contract and make it valid?

-I think you are in for a tough road.

I feel bad you did not win the name but in the end you got outbid and if the eventual winner has transferred funds and executed his contract I can't see how you will ever win the name back?

You can sue but in the end how will you get the name back?

As far as "emotional distress", no one is going to take that serious. At least not the legal system.

sashas · 12-07-2007, 04:53 PM

Originally Posted by sld7

As far as "emotional distress", no one is going to take that serious. At least not the legal system.

????: NamePros.com http://www.namepros.com/showthread.php?t=403779
Don't count on that. I don't know which country you're from, but in the States, they take it very seriously. I know, its kinda stupid...*emotional distress*

but the law upholds it nonetheless and thats what matters. Several multi million lawsuits have been settled because of the emotional distress caused by eating fatty foods (and becoming obese hence), getting lung cancer (after chain smoking for 50 years) etc.

PowerUp · 12-07-2007, 05:15 PM

I'm not a legal expert. But I have only 1 comment.
TOS or not, Sedo is clearly in the wrong by letting in NEW bidders into the 2nd round of bidding.

tdm300 · 12-07-2007, 05:18 PM

Originally Posted by namewaiter

actually i totally disagree, if something like this happened on ebay, there is no way they would loose a case in court ... they would definetly have their bases covered by their legal team and extensive terms of service... now sedo on the other hand, i'm not so sure of.

????: NamePros.com http://www.namepros.com/showthread.php?t=403779
Heres the thing, have you ever heard something like this happening on ebay. This is not the first time something like this has happened at sedo.

smashfactory · 12-07-2007, 05:22 PM

so, an auction ended, the winner got the winning emails and the invoice-
the system then goes down-
sedo revokes the win after they declared it to the winner- and then extends the auction-

right?

namewaiter · 12-07-2007, 08:58 PM

Originally Posted by smashfactory

so, an auction ended, the winner got the winning emails and the invoice-
????: NamePros.com http://www.namepros.com/showthread.php?t=403779
the system then goes down-
sedo revokes the win after they declared it to the winner- and then extends the auction-

right?

actually .. no. we all know that most wait until the last minute to place bids on online auctions. well with about 5-8 minutes left - no one could place a bid meaning the auction didn't conclude 'correctly' - hence the price for about 85 of the 100 domains in auction climbed dramatically after the auctions were restarted and ran their new due course, mainly because all those that waited to place their last minutes bids finally could.

dalem · 12-07-2007, 09:08 PM

Agree with smashfactory thats exactly what happened.

Ronald Regging · 12-07-2007, 09:52 PM

I'd love to see you take this to court. I wouldnt recommend a class-action suit, because no one wins except the lawyers

Usually the lawyers get millions and each person affected gets a check in the mail for $1.19 or a free movie rental at Blockbuster (excluding New Releases)...
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

I agree with OutlawBiker here, I think the discovery process in this case (meaning emails between Sedo and MTLD, and internal emails at Sedo) would be extremely interesting... I'm not going to make accusations, but I will say that nothing would surprise me. If you do file a lawsuit and they have something to hide, you can be damn sure they'll be coming at you with an immediate offer for a deal... Otherwise, they're dirty secrets will be the end of them.

Mobi Cheap · 12-07-2007, 10:58 PM

Originally Posted by alexsimon

This thread is now covered on Sahar's blog here:

http://www.conceptualist.com/2007/12...-dotmobi-land/

And now on Jay's blog too:
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

http://blog.domaintools.com/2007/12/...mobi/#comments

Only 5 comments so far, including some very thoughtful, objective and well-informed ones:

"Dot Mobi is a total joke. Why would anyone type in a Dot Mobi when you can browse the internet normally on an iphone?
..."

Where do you begin? How do you explain a compelling but complex case in sound bites that such people would understand? I don't think I'll even bother. I just hope they would actually buy an iPhone to "browse the internet normally".

You don't know what you're missing guys:

http://www.youtube.com/watch?v=HYiHBwQ3V2g

http://www.youtube.com/watch?v=bjgXn...eature=related

They proceed to give Costa some totally unbiased TLD advice as well (in the top link to Jay's blog above, comment No 4). It would have been quite funny if it wasn't so sad.

**Dave Zan** · 12-08-2007, 08:55 AM

One thing that'll surprise me is if Sedo doesn't sue the OP for breach of contract
if they win this dispute. (hint: #6)

Alex · 12-08-2007, 09:10 AM

Please read here on Costa's blog Sedo's answer to the situation. Absolutely disgusting:
http://entrepreneur.pro/blogs/3/The-...onspiracy.html

I will paste it here for those who are lazy to click:

----- Original Message -----
From: Jay Finnan <jay@sedo.com>
To: Costa
Sent: Wednesday, December 05, 2007 1:37 PM
Subject: mp3s.mobi

Hello,

I was speaking to the owner of mp3s.mobi. The auction that closed today has them interested in selling their domain now. If you are interested in acquiring the name the owners would sell it today for $500,000 USD.

If you’re interested please let me know.

Best regards,

Jay Finnan

Brokerage Team Leader
Portfolio Sales Manager
--
Sedo.com, LLC
tel +1 (617) 499-7237 • fax +1 (617) 499-7203
http://www.sedo.com • mailto:jay@sedo.com
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

allnicksgone · 12-08-2007, 09:15 AM

Originally Posted by alexsimon

Please read here on Costa's blog Sedo's answer to the situation. Absolutely disgusting:
????: NamePros.com http://www.namepros.com/showthread.php?t=403779
http://entrepreneur.pro/blogs/3/The-...onspiracy.html

Was that in repsonse to Costa's dissatisfaction, or was it a seperate unrelated solicitation by a Sedo sales member?

akcampbell · 12-08-2007, 02:33 PM

Good luck Costa, I wish you all the best if you decide to pursue this matter legally. Sedo behaved disgracefully. A winning confirm email should form a legally binding contract.

My view is that you should win Music.mobi for the amount confirmed at the end of the auction and Sedo should compensate the seller for the difference between the final bid at the end of the second auction and your initialy winning bid. Domain companies are a law unto themselves, take far too big a turn from domainers for doing very little, and the only way to make them play fair is to take them to Court.

Rubber Duck · 12-08-2007, 03:23 PM

There may be Bad Faith issues here as well. The buyers is suppose to have bought with the intention to develop a compliant website. The fact that he has stated that his intention is only to resale may actually mean that he could be subject to WIPO, no?

Mobi Cheap · 12-08-2007, 04:01 PM

Originally Posted by Rubber Duck

There may be Bad Faith issues here as well. The buyers is suppose to have bought with the intention to develop a compliant website. The fact that he has stated that his intention is only to resale may actually mean that he could be subject to WIPO, no?

Who is going to take him to WIPO

Keith · 12-08-2007, 04:07 PM

Originally Posted by namewaiter

actually .. no. we all know that most wait until the last minute to place bids on online auctions. well with about 5-8 minutes left - no one could place a bid meaning the auction didn't conclude 'correctly' - hence the price for about 85 of the 100 domains in auction climbed dramatically after the auctions were restarted and ran their new due course, mainly because all those that waited to place their last minutes bids finally could.

Spot on! It certainly was'nt fair for the people that could not place a bid. At least those that lost in the first round got to bid.

Sedo did the right thing by re-starting the auction they just should have set up another day and time to resume. Thus everyone would have a fair chance to bid as much as they chose.

It's simply not right for first round bidders to think they won. Obviously there were many people that could'nt bid and that's why the auction prices soared the second time around.

Originally Posted by Rubber Duck

There may be Bad Faith issues here as well. The buyers is suppose to have bought with the intention to develop a compliant website. The fact that he has stated that his intention is only to resale may actually mean that he could be subject to WIPO, no?

I believe the buyers have 6 months to do whatever they choose. But, if they don't have the name sold or developed in that time frame it's goodbye to their premiums!

12-06-2007, 08:16 PM	#51 (permalink)
dotprofan NamePros Regular Join Date: Mar 2007 Location: San Diego, CA Posts: 386	Good luck in getting this matter resolved - sounds like a real injustice. (Nice choice of a domain name for your blog BTW! ) __________________ Videos.pro \| Gamble.pro \| Military.pro \| Telecom.pro \| Value.pro \| Beijing.pro

12-06-2007, 08:52 PM	#52 (permalink)
connections NamePros Regular Join Date: Mar 2007 Location: Sydney Posts: 284 Follow @connections8	this has made it onto google news http://domainnamewire.com/2007/12/07...-against-sedo/ __________________ Sydney SEO Gucci Mane Mixtapes Plies Professional SEO

12-07-2007, 03:59 PM	#56 (permalink)
tdm300 NamePros Member Join Date: Nov 2006 Location: Ny Posts: 79	I think he actually has a good chance to win. If ebay did something like this, they would get crushed.I think if he goes to court, he has a good chance to win. __________________ :) Last edited by tdm300; 12-07-2007 at 05:13 PM.

12-07-2007, 05:22 PM	#64 (permalink)
smashfactory Domain Goddess Join Date: Feb 2006 Posts: 4,101	so, an auction ended, the winner got the winning emails and the invoice- the system then goes down- sedo revokes the win after they declared it to the winner- and then extends the auction- right? __________________ BOO!

12-08-2007, 08:55 AM	#69 (permalink)
Dave Zan Electrifying Guy Join Date: Sep 2003 Posts: 4,749 Follow @DaveZan	One thing that'll surprise me is if Sedo doesn't sue the OP for breach of contract if they win this dispute. (hint: #6) __________________ *Vidi, Vici, Veni!* Follow My Tweets \| Check My Blog

12-07-2007, 03:27 PM	#54 (permalink)
zouzas NamePros Member Join Date: Apr 2003 Posts: 151 Follow @US	Costa nice logo http://mobi.music.us looks like some binding emails from sedo. goodluck with it

12-07-2007, 03:36 PM	#55 (permalink)
sashas Senior Member Join Date: Jul 2007 Location: Jaipur, India Posts: 3,119	its sad because Costa seems to have some genuinely good plans for the name.

12-07-2007, 04:05 PM	#57 (permalink)
dalem Account Closed Join Date: Jul 2007 Posts: 313	He will and everyone else that was ripped off will too!

12-07-2007, 04:38 PM	#60 (permalink)
sld7 NamePros Member Join Date: Apr 2006 Posts: 62	1) Did you actually pay for the name? 2) Was any kind of consideration given to bind the contract and make it valid? -I think you are in for a tough road. I feel bad you did not win the name but in the end you got outbid and if the eventual winner has transferred funds and executed his contract I can't see how you will ever win the name back? You can sue but in the end how will you get the name back? As far as "emotional distress", no one is going to take that serious. At least not the legal system.

12-07-2007, 05:15 PM	#62 (permalink)
PowerUp Senior Member Join Date: May 2006 Posts: 1,268	I'm not a legal expert. But I have only 1 comment. TOS or not, Sedo is clearly in the wrong by letting in NEW bidders into the 2nd round of bidding.

12-07-2007, 09:08 PM	#66 (permalink)
dalem Account Closed Join Date: Jul 2007 Posts: 313	Agree with smashfactory thats exactly what happened.

12-07-2007, 09:52 PM	#67 (permalink)
Ronald Regging Ex-President Join Date: May 2006 Location: Mount Joy, PA Posts: 2,652	I'd love to see you take this to court. I wouldnt recommend a class-action suit, because no one wins except the lawyers Usually the lawyers get millions and each person affected gets a check in the mail for $1.19 or a free movie rental at Blockbuster (excluding New Releases)... ????: NamePros.com http://www.namepros.com/showthread.php?t=403779 I agree with OutlawBiker here, I think the discovery process in this case (meaning emails between Sedo and MTLD, and internal emails at Sedo) would be extremely interesting... I'm not going to make accusations, but I will say that nothing would surprise me. If you do file a lawsuit and they have something to hide, you can be damn sure they'll be coming at you with an immediate offer for a deal... Otherwise, they're dirty secrets will be the end of them.

12-08-2007, 09:10 AM	#70 (permalink)
Alex Senior Member Join Date: Jan 2007 Location: Oradea Posts: 3,132	Please read here on Costa's blog Sedo's answer to the situation. Absolutely disgusting: http://entrepreneur.pro/blogs/3/The-...onspiracy.html I will paste it here for those who are lazy to click: ----- Original Message ----- From: Jay Finnan <jay@sedo.com> To: Costa Sent: Wednesday, December 05, 2007 1:37 PM Subject: mp3s.mobi Hello, I was speaking to the owner of mp3s.mobi. The auction that closed today has them interested in selling their domain now. If you are interested in acquiring the name the owners would sell it today for $500,000 USD. If you’re interested please let me know. Best regards, Jay Finnan Brokerage Team Leader Portfolio Sales Manager -- Sedo.com, LLC tel +1 (617) 499-7237 • fax +1 (617) 499-7203 http://www.sedo.com • mailto:jay@sedo.com ????: NamePros.com http://www.namepros.com/showthread.php?t=403779 __________________ Castles Neuschwanstein Castle Sedlec Ossuary

12-08-2007, 02:33 PM	#72 (permalink)
akcampbell .Pro Regular Join Date: Sep 2006 Posts: 1,346	Good luck Costa, I wish you all the best if you decide to pursue this matter legally. Sedo behaved disgracefully. A winning confirm email should form a legally binding contract. My view is that you should win Music.mobi for the amount confirmed at the end of the auction and Sedo should compensate the seller for the difference between the final bid at the end of the second auction and your initialy winning bid. Domain companies are a law unto themselves, take far too big a turn from domainers for doing very little, and the only way to make them play fair is to take them to Court. __________________ Total.pro August 2011 registry stats added 4 December 2011

12-08-2007, 03:23 PM	#73 (permalink)
Rubber Duck Account Closed Join Date: Feb 2006 Posts: 714	There may be Bad Faith issues here as well. The buyers is suppose to have bought with the intention to develop a compliant website. The fact that he has stated that his intention is only to resale may actually mean that he could be subject to WIPO, no?

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