Rubber Duck

Well, how about the originator of this thread for one!

NameCharger

..

Mobi Cheap

I'm not going to take sides between these two gentlemen (not until I know more about this case at least) but just to complete this line of thought - did you really mean the WIPO UDRP procedure?
????: NamePros.com http://www.namepros.com/dot-mobi/403779-i-bid-611-000-music-mobi.html

__________________
Bulk NNN offers being discussed. All firm commitments will be honored. All PM discussions must be finalized ASAP. ~~~ .Mobi Examples:BusinessWeek.mobi, ESPN.mobi, CNNmoney.mobi, weather.mobi, ericsson.mobi, wnba.mobi, NBA.mobi, marriott.mobi, smirnoff.mobi, polo.mobi, BMW.mobi, AAA.mobi, ferrari.mobi

Rubber Duck

Well, I think it will be one of the avenues that has to be explored. Mobi presented it TOS as part of its bid to get the extension in the first place. If those TOS are not be correctly observed, I cannot help but feel there are going to be legal issues here.

creature

No worse than Mtld who kept and prevented the use of the name for 14 months and did nothing with it other than sell it for shed loads.

Rubber Duck

Well, except that was actually part and parcel of the agreement with ICANN, bizarre as it may sound.

Mobi Cheap

That must be one of the safest predictions I've read recently :-)

Of course there are legal issues if the thread title states: "...Lawsuit Pending"

As for the other part of your post, are you saying .mobi should be held to a different standard by WIPO UDRP panelists (whether that's even relevant to this thread is a different issue)?

And again, you were talking about the WIPO UDRP procedure, right

__________________
Bulk NNN offers being discussed. All firm commitments will be honored. All PM discussions must be finalized ASAP. ~~~ .Mobi Examples:BusinessWeek.mobi, ESPN.mobi, CNNmoney.mobi, weather.mobi, ericsson.mobi, wnba.mobi, NBA.mobi, marriott.mobi, smirnoff.mobi, polo.mobi, BMW.mobi, AAA.mobi, ferrari.mobi

tricolorro

????: NamePros.com http://www.namepros.com/showthread.php?t=403779


namewaiter, I just came across this posting below taken from the commentary section on DomainNameWire.com.

I hope Andrew and the poster, myview, don't mind my posting it here.

it could put SEDO in a very bad way.

"Quote from SEDO’s TOS:
——————–

“Sedo in no way guarantees or further warrants that the web page on which bids can be placed (“Bidding Page”) during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder the Domain up for Auction if the webpage would have been available.”
————-
(myview's commentary)
"IMO this paragraph Say’s just about all there is to say. This is a Direct quote from their TOS and this all by itself may very we’ll be what gets “ALL” the domain names transferred to the original high bidders before they decided to re-start the auction over 2 hours later.

Obviously not good for Mtld’s pocketbook, but the rules are the rules, and in this case it appears they very we’ll may have to let them go at the prices recorded and the confirmation emails sent to the winners before they chose to re-open this “closed” auction as per their own TOS."



Link here (Look for comment # 10, "my view" is the poster):
http://snurl.com/MobiLawsuit

Patrick

wot

I think this was posted earlier but does it not blow the scam thing out of the water

http://www.conceptualist.com/2007/12...-sales-record/

Coupled with Sedo's disclaimer, and I would assume the "sold" emails were auto generated, a good lawyer would not have to work hard to uphold Sedo's end.

Just applying logic.

__________________
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namewaiter

Patrick,

i would have to say, that if that excerpt is truly from their TOS & it hasn't been taken out of context & this type of situation isn't covered in other areas of their TOS...

then the original winning bidders might very well have a case, but i'm no lawyer ... it will be interesting to see how this plays out.

__________________
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Alex

Off topic:

Did you read about this Alvaro who "won" the auction of 6 .mobi's?
If you didn't do so please follow this link and read to the end. Very interesting.

http://cbs4.com/topstories/jesus.Chr....2.395540.html

PS: And I think he is also a namepros? member DNProperty.com

I found that http://www.text-links-ads.com/ is Alvaro's site, and there is a Dnproperty.com logo, and mobe.mobi advertised as for sale. Also mobe.mobi is a domain in the sig of DNProperty.com member here on NP.

__________________
Castles Neuschwanstein Castle Sedlec Ossuary

tricolorro

namewaiter,

Yes, this will be interesting to see how it plays out.

The excerpt I posted was taken from a commentary on DomainNameWire
as I said. I have since seen it posted elsewhere (I think here on NP).

Even if that was taken from Sedo's regular Auction Terms and not for this .Mobi auction, I can't see how they could try to play it both ways.

Additionally, if Sedo really sent out notices that their Servers had crashed
when in reality their Servers were just overloaded ,that could be a problem for them too.

Interesting times ahead.

Patrick

sashas

you know, I would be so so happy if Sedo gets f*cked bad. I wanna see this unethical company go down.
Anyone remember the Trafficz.de fiasco? Sedo regs Trafficz.de and points it to their homepage. Thats about as unethical as you can get.

Rubber Duck

Yes, I did, but although it clearly makes a case for Lack of Legitimate Interest and Bad Faith, the first condition for UDRP is on reflection going to be impossible to meet, I think! My Bad.

sashas

so is Costa filing a lawsuit against Alvaro or Sedo or mTLD?

TheBaldOne

Sashas, my understanding at present is it will be against Sedo and possibly mTLD.

__________________
Fig.ht - on Sedo or by negotiation directly
(Fighters.com recently sold for $110k - so imagine the value of Fig.ht) :)

Dotplanners

They sell domain names for a profit. If you aren't sure how to do that easily, then hire yourself a domain consultant. Money well invested.

Funny, I wasn't sure about .mobi domains myself, and i bought 100 of them in a bulk purchase from a guy who had a gambling problem and needed quick cash. All the domains are one word domains, and some actually get traffic.

I posted them on several forums (not here tho, sorry), and tried to sell the lot of them for an unbelievable $10k, just to test a theory. At least ten of the domains are worth $10k or more.

How many offers did I get? NONE.

I'm going to post them again on Namepros and see if anyone here REALLY believes in .mobi domains, because these are ONE WORD .MOBIS going for an average of only $100 a piece.

I'll even allow cherry picks at double the bulk price ($200 a piece).

The results from offers (or lack of offers) on my .mobi sales posting will be the subject of a future blog about .mobi's at my blog site. (see below)

Namepros is a classy forum. Dig it.
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

http://www.successclick.com

__________________
Stephen Douglas
BLOG: http://www.successclick.com
Domain Industry Consultant
DomainRelevance.com

Skinny

Wow, what a fascinating story.

First off I have no dealings with sedo (a few listed names, but never sold/bought anything there). I'm a small fish domainer I'm afraid.

I also am not a .mobi hater or fanboy.

But from a legal aspect I do think musicdotmobi that you do have the upper hand here for pretty much the reasons you've pointed out.

This whole thing seems really fishy too me. Like it was done on purpose perhaps. . . and the fact that sedo makes money off the commission would make a great conspiracy theory to have a "server failure".

Anyway, I think from a legal point of you, you should win this. Please keep us updated as to what happens. I truly hope you get your domain back.
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

And on a lighter note you have some wonderful music domains.

Skinny

sashas

doesn't surprise me that no one bought the one word .mobis. Tell us if you get some serious end user offers - I'm talking big corporations trying to jump in on the .mobi bandwagon.

Mobi Cheap

Kudos for conceding it.
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

The reason why I italicized the name of the facility the second time I asked the question was that the respected organization you mentioned actually does have something potentially useful to the parties involved (in case they are not talking in private already) - a mediation facility.

As a very successful businessman though Costa surely knows best what's best for him.

Cynically speaking, as a .mobi owner I wouldn't mind a highly publicized court case too much - despite the delay it might bring in terms of development of some prime domains.

When detractors say nobody has heard of .mobi, they are not as wrong as usual - starting from such a low base of public awareness it appears there can be no such thing as bad publicity for .mobi right now.

__________________
Bulk NNN offers being discussed. All firm commitments will be honored. All PM discussions must be finalized ASAP. ~~~ .Mobi Examples:BusinessWeek.mobi, ESPN.mobi, CNNmoney.mobi, weather.mobi, ericsson.mobi, wnba.mobi, NBA.mobi, marriott.mobi, smirnoff.mobi, polo.mobi, BMW.mobi, AAA.mobi, ferrari.mobi

TheBaldOne

BREAKING NEWS!!!!

Foloow this link:

http://www.namepros.com/dot-mobi/405...i-l-l-k-i.html


Dot mobi retracts news release of breaking records at Sedo auction!

__________________
Fig.ht - on Sedo or by negotiation directly
(Fighters.com recently sold for $110k - so imagine the value of Fig.ht) :)

Enrico Schaefer

It is possible you could sue them. Auctions are regulated in all states. Sedo is located at ..

Sedo.com, LLC
161 First Street, Fourth Floor
Cambridge, MA 02142
USA

.... Thus MA law probably applies. MA law is very consumer friendly.

There are also unfair competitions laws in MA which might apply. Of course, there will be some contractual limitations defenses you will have to overcome, but those aren't necessarily impossible. Here is what their licnese agreement states:

YOU AGREE THAT USE OF SEDO'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. SEDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEDO MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE SEDO DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. SEDO MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. SEDO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES SEDO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY SEDO IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM SEDO OR THROUGH THE SERVICES PROVIDED BY SEDO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Sedo's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

IN NO EVENT SHALL SEDO, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SEDO'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD SEDO AND (AS APPLICABLE) SEDO'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

????: NamePros.com http://www.namepros.com/showthread.php?t=403779
You might also get specific performance which get's you the domain itself, not damages.

Enrico Schaefer, Attorney
Traverse Legal, PLC

www.TraverseLegal.com
www.TheTechnologyLawyer.com
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

enrico@traverselegal.com

TheBaldOne

Enrico, Welcome aboard, it is marvellous seeing you here.

I am sure from this point on several days a week you will be getting enquiries from the members, just remember we are not all millionaires (yet)!

Look forward to reading more of your posts.

Bill

__________________
Fig.ht - on Sedo or by negotiation directly
(Fighters.com recently sold for $110k - so imagine the value of Fig.ht) :)

DomainTalker

Enrico...

Check Sedo TOS Section 5.1.2.7...


I think you'll find that this clinches it...
????: NamePros.com http://www.namepros.com/showthread.php?t=403779

...Talks about how Sedo cannot accept higher bids when the auction page is not available (therefore Sedo cannot use these same 'higher' bids in the final minutes of the auction to trigger an 'extension' of the auctions)....

...Therefore the 'extended auctions were invalid...

...And Sedo was correct to close the auctions when time ran out - and declare the highest registered bids (made when the auction page WAS available) the winners....ie the original winners.

Also, Section 5.1.2.7 says that the Seller (mTLD) cannot use the fact that higher bids were made, when the page was not available, to claim a higher price - and that the Seller has a binding contract with the highest bidder of the bid that was last made when the auction page WAS available (ie the original winners).

mTLD offered the names for auction under Sedo TOS....Therefore, as the Seller, Section 5.1.2.7 binds mTLD.


So....Sedo TOS, itself, says that the 'extended' auctions were invalid - and that the Seller has a Binding Contract with the original bidders.

Thus, mTLD must return the names to the original bidders - at the price they bid at.

.

__________________

tophatter

I bid on a name and the reserve wasn't met but I was the high bid,I then tried to bring the bid up (which only was a couple of hundred $$) and that's when no one could get on.
I re-entered the bidding process again after I found out the auction was to re commence and again after biddig was the highest bid with 5 minutes left but had to leave the computer because of prior commitments. I ended up losing by $100 .
Not sure if I have any case here being that I was the highest bidder at the time of server down but I wish I did.