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.
would have been better of domainnamewire to have included the .com and the link to namepros.
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.
__________________ RINGTONES.PRO - NOW ONLY $400 - MUST SELL, PM ME, @ ENCIRCA
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...
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.
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.
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.
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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?
__________________
Ooooodles of Videocentric Names for Sale HERE
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.
__________________ RINGTONES.PRO - NOW ONLY $400 - MUST SELL, PM ME, @ ENCIRCA
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)...
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.
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".
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.
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.
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.
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?
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.
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!
__________________ NP mobi madness as usual uin~sportswear~generation~dat~denim~blogpost
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)
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.
