michaeldotcom

The fact is that if you own a $1 million house, car, diamond or painting, you can't afford not to have it insured.

And if you own a $1 million domain, you can no longer afford not to have it trademarked, especially if it's a LL.com which is an abbreviation of many big corporations with large legal departments.

PowerUp

I think it's time for a sticky thread on "How to prevent domain theft (including reverse hijacking)."

Also, another sticky thread on "How to filter genuine buyers/sellers from scammers".

james2002

Absolutely. Why not they buy from the owner by paying the right price? It is just a kind of robbing or stealing.

Mike

In this case it has hit someone that can potentially afford to go for a lawsuit and end this disaster caused by an uneducated, unreasonable and simply false decision. My problem is more along the lines of; what happens when it hits any of us? The ones that have enough to collect domains, but cannot afford a 6-digit lawsuit to defend what's rightfully ours? The unfortunate downside of the story is that even within our own circles, WIPO one should believe understands the domainers motivation to collect, we are not being considered equal or even being treated with respect. It's yet another sad day in the domaining world.

Safety net is development? It's probably the safest way to use a domain, at the same time, with decision like the LH.com one, even development might be reduced to a joke.
????: NamePros.com http://www.namepros.com/domain-name-discussion/462891-lh-com-lost.html

M.

briman1970

This just goes to show that parking ANY considerably valuable domain is a bad idea. I think Elequa's past UDRP's and not putting his lawsuit on the table really did him in. I sincerely hope he makes "LH" and WIPO bleed for this disgusting travesty of justice.

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-REECE-

It's utterly ridiculous.

I'd like to see stealing someone's physical property for "not putting it to legitimate use" stand up in a U.S. court...

Mark

wiposucks.com Taken

wiposucks.net available

wiposucks.org available

wiposucks.info available

wiposucks.me available

domi

What is the point of being in this business if you can get wiped out at anytime

But seriously.. If your offered $1Million for a domain take it
The internet is created for people to use,create,educate.... These extentions were created for that reason not to store away and keep it as a collectable because your greedy...

-REECE-

Thanks Mark!

Wiposucks.net is mine -- gonna make getting this developed a top priority

Alex

Elequa took it to the court already.

What is very funny is that a German company (Lufthansa) fights for a domain owned by a Virgin Islands resident in the USA.

Elequa has his own registrar and could have moved it there, but he kept it at Moniker. Wil be interesting to follow the story

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Pred

Original Link for those just joining thread:
????: NamePros.com http://www.namepros.com/showthread.php?t=462891

LH.com Lost

-REECE-

I bought an LL.ca recently whose original owner had used the domain for years as an email address. He never tried to sell the domain, he just wanted a short domain for his email and I don't think he had a clue what it was worth... WIPO would consider such use as "not using the domain", yet this guy was using the name -- each and everyday as an email.

What really gives WIPO the right to dictate how we use OUR names? How much money do domainers pay ICANN each year in fees? What do we get for this - more laws + rules to screw us over?

Mark

Host Name : wipo.org IP Address : 193.5.93.80

Host Name : wipo.int IP Address : 193.5.93.80

You know , Several of Those "Numbers" are in my Birthdate and my SS# ... Shall I file a complaint ?



Oh and :

worldintellectualpropertyorganization.com
worldintellectualpropertyorganization.net
worldintellectualpropertyorganization.org
worldintellectualpropertyorganization.info

All available as of this post .....

Shall we Reg and File a complaint on several of the Domains using those initials ?

-REECE-

There's already people trademarking 1 letter domains in anticipation of their release...

I mean seriously, where does this stop?

Len

I think there needs to be some sort of compensation attached to a WIPO decision whereby the complainant has to pay fair market value for the domain should they win. This would make a lot of these companies think twice before submitting to WIPO and for those who's domains are taken from them will at least get something. It is, as has been previously stated, far cheaper in most cases for them to WIPO instead of making a fair offer to the current owner.
I know if trademarked then they may be "entitled" to the domain but they should have either reg'd it themselves or be prepared to purchase it from the current owner. The way things are at the moment is just legalised theft IMO.

Charley

Who would emerge the winner

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domi

I agree.

Charley

He should have developed the name really instead of parking the name. It would reduced chances of losing the name.

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accent

The man who owns 500 acres overlooking Manhattan because he likes the view.

Of course the mega-shopping center is a "better" use. Take that land from the grubby squatter, give it to the fat pigs to whom it should belong. It would save everybody gasoline.

Some of you guys are thinking that there is fairness in the business world....???

Remember inc.mobi? - only difference is that Elequa has the money to fight back. And with his huge stake in short domains he probably needs to push this as far as the Supreme Court, if need be. This may be what sets the table for the future.

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Charley

Wouldn't be a GREAT idea to tackle a big organisation as Lufthansa.

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The Stealthy One

Oh, what bad news! That is such a poor decision.

Why not? It's his property, and he has every right to get it back. I hope he does fight this as far along as possible.

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bmugford

Exactly, like I said earlier. Just like eminent domain. If they want to take your property they have to pay fair market value.

Charley

I like being positive always and it is his domain name. But really this will go far beyond millions of dollars in the lawsuit.

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recluse99

If i had a real valuable domain name i would register a trademark using the .tld in it,
ie: LH.com , tm
with all the extensions available it should be this way...

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equity78

Lets look at some areas of the WIPO interesting

First one stating Parking not legitimate basically

Complainant contends that Respondent currently uses the <lh.com> domain name to resolve to a web page that features Respondent’s OXiDE search engine and displays numerous sponsored links to third party websites relating to various subjects. Complainant contends that Respondent profits from receiving click-through fees for each misdirected user. The Panel finds that such use is not a use in connection with a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i), and that it is not a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). See Summit Group, LLC v. LSO, Ltd., FA 758981 (Nat. Arb. Forum Sept. 14, 2006) (finding that the respondent’s use of the complainant’s LIFESTYLE LOUNGE mark to redirect Internet users to respondent’s own website for commercial gain does not constitute either a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i), or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii)); see also Golden Bear Int’l, Inc. v. Kangdeock-ho, FA 190644 (Nat. Arb. Forum Oct. 17, 2003) (“Respondent’s use of a domain name confusingly similar to Complainant’s mark to divert Internet users to websites unrelated to Complainant’s business does not represent a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).”); see also Persohn v. Lim, FA 874447 (Nat. Arb. Forum Feb. 19, 2007) (finding that the respondent was not using a disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use by redirecting Internet users to a commercial search engine website with links to multiple websites that may be of interest to the complainant’s customers and presumably earning “click-through fees” in the process).
????: NamePros.com http://www.namepros.com/showthread.php?t=462891



In this one the MARK DOES NOT NEED TO PREDATE REGISTRATION so regging a domain in 2002 and someone having no mark until 2007 as an example for what is being implied here.

Moreover, the Panel notes, Complainant’s rights in the LH mark need not predate Respondent’s registration of the disputed domain name in order to satisfy the requirements of Policy ¶ 4(a)(i). See Javacool Software Dev., LLC v. Elbanhawy Invs., FA 836772 (Nat. Arb. Forum Jan. 2, 2007) (holding that a complainant need not show that its rights in its mark predate the respondent’s registration of the disputed domain name in order to satisfy Policy ¶ 4(a)(i)); see also CDG v. WSM Domains, FA 933942 (Nat. Arb. Forum May 2, 2007) (“A plain reading of ¶ 4(a)(i) imposes no burden on a Complainant to demonstrate that it has either exclusive right to a mark or that such rights predate the registration of a domain name.”).


How is LH not a generic domain ?

Respondent engages in the mass acquisition of two-letter and three-letter domain names.


Respondent’s business model involves the indiscriminate acquisition and use of as many such domain names as possible.


Respondent claims that “Hundreds if not thousands” of entities seek to use the “lh” mark [sic] and have offered Respondent up to $1,000,000 U.S. dollars for it.


The disputed domain name is identical to Complainant’s mark and is not generic.

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