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Precedent setting ruling READ THIS

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AdsenseGuy

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Today I spent the day in court, As I have told you all previously I where I work. This gives me an advantage to an extent in information that may or not come to fruition, due to some contract restraints there is some information i can use to my advantage and some I cant. On that note please read on.

About a year ago i regged a domain googleemail.com and google caught wind of it and promptly issued me a UDRP, Guess what They won big surprise. While under the rules of NAF i was entitled to file court action to keep my domain, and the domain was to remain mine until the courts decided. My registrar ENOM was supposed to keep this domain locked and in my account until the court proceedings where finished. They did not do this what they actually did was let google's registrar have this domain and they placed it into googles account.

Well as of today and todays PRECEDENT setting ruling I have been granted by the courts I am the rightful owner of this domain as well as the courts have indicated that they see no trademark infringement, The order goes somewhat like this I am the owner of this domain and Enom should never have transfered this domain while it was under the courts juridiction, It is so ordered that the domain be transferred back into my name it is also ordered that I am given the right to sue Enom if they cannot get my domain back. I was also granted exclusive use and ownership of this domain. The judge also indicated that by google now being in posession of my legally owned domain that I may sue them for damages resulting if they refuse to hand it back over to me. I was also awarded damages in cash from this lawsuit.

My question to you all is as follows. I will not have a copy of the judgement transcript until Friday at the earliest. Once I have these documents I want them to hit the internet like wildfire can anyone here help me get these documents into the right hands. I will be sending ENOM and Google a copy of the transcript but I want this to be as public as possible. Google DIDNT win one for a change. The judge clearly and decisively covered all aspects concerning this ruling even more so than I expected. They have had my domain for 3 months now and I want it back to be able to do with it as I want. But I need your help fellow NPers I want the world to know what I have had to deal with and what ENOM did to me as the judge did not place any restrictions on publicity....OH isnt the IPO coming out soon.....

Please if you can help me I will remember your helpfulness Also Namepros was brought up in court and researched by the presiding judge for information.

Please post links or emails of media outlets that you think may be interested in recieving this information. I will attach the actual judgment transcript Friday afternoon
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Excellent result!!!!

Wish I could help you get it out there on the net but don't have those sort of contacts.

Way to go AdsenseGuy
 
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Great to hear! I know you felt really wronged in that matter, so all the best to you!
 
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try and get in touch with msn, that should help out a lot.

Congrats on winning the case
 
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I cant wairt to show you all the judges comments in the transcript He ruined goole saying " They should know better with regards to trademark infringement" He also granted me proprietary rights to googleemail whatever that means my lawyers still have to explain that one to me.
 
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Awesome job, you probably knew from the start that the domain would be taken away from you. But looks like things changed around for once. :)
 
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Your having a lot of fun with this, but heck, who owuldn't when you beat google, the newest verb thats not in the dictionary, yet
 
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Big Congrats, AdsenseGuy!

I am really happy for you! And I am very sure this kind of news will get published quickly!

Thanks for sharing!
 
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Beating google in UDRP is news. Congrats!

Maybe Dnjournal would be interested to publish your story? Fromt here it should be picked up by other major news outfits.
 
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i always root for the underdog...but what do plan to do with googleemail.com besides exploit googles good name?
 
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Mediaspree:

There actually was a site attached to the domain that offered free email service via everyone.net as the third party provider. We have yet to determine what we will do with it in the future as both ENOM , MARKMONITOR and Google must obey the ruling and first get me my domain back in my posetion, Once I have control of the domain again I will make my decision.

Armstrong for the record I lost the UDRP and was victorious in the courts. Obviously we all know that once court action is taken after a UDRP ruling the UDRP ruling is stayed and the courts ruling takes precedence.

In this case it was ruled that I am the rightful owner of the domain and that the courts also decided that there was no trademark infringement. Please wait and read the ruling as the judge read it in open court. The transcript will be available as soon as Friday and there wasnt any restrictions placed on me regarding publishing this ruling as a matter of fact the judge in this case has made himself and his office available for media comments.

I cant wait until you are all able to see the little guy can KICK GOOGLES ASS. IMHO this is a victory for all of us in this business. You will be able to use this victory in future UDRPs if they are ever brought forward against you. The judge clearly outined every detail as to not leave anything open for appeal.

I am looking for representation in Washington state to sue ENOM over their neglegence, anyone know of a really good law firm there in that state? I want to initiate proceedings immediately.
 
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it seems that googleemail.com should belong to them people will get mixed up like u belong to google, seems like your riding on their ideas and dreams make your own name popular and see how it feels to have someone put a email after it
 
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Gossip over the water cooler is fair game,
 
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Firstly, I think its a good thing to remind reverse cyberjackers that there is such a thing as retribution.

But honestly, I don't think you will get much sympathy from the general public on this. In fact, this may do much more harm to the domain industry than good, if it results in the general public/businesses thinking that all domainers are cybersquatters up to no good, who reads the implicit details as to why this is not the case?
 
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Congratulations, AdsenseGuy! Right on!

Wasn't there another guy who won a case of this
sort and posted his story, including some of the
court transcriptions?

I recall it had something to do with Taubmann or
something like that. Why not post it yourself on
your own website?

Also, you can report about it here:

http://www.circleid.com/internal/contact.php

BTW, I hope you don't mind my posting this in
other forums for others to learn from your
example. :D
 
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I dont mind this being posted anywhere, It will be much more of a story when i post the judges ruling transcript. Thats when I will want it everywhere
 
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I don't see this as good at all...maybe I'm the only one.

I agree with mole that this decision, and your celebration of it, gives the domain industry a bad name.

There was really no good, ethical reason for you to have the name in the first place.

Everyone knows who google is, why would you use this large corporation's name as an email domain?

I have a feeling that Google will appeal this decision, and in my opinion, they should win.

In my, non-legal, obviously minority opinion, you have no rights to that name and it seems to have been registered in bad faith.
 
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RB:

The domain was originally thot up as an email service that could be provided to kids for free the name was a derivative from a character in the movie "SHREK" GooGleeBear we came up with GooGleeMail there were thousands of kids that subscribed to this free email service before it was yanked unfairly, And IMHO it would never have been an issue had Google not come out with an email service to compete with hotmail, As you can see Hotmail isnt spelled HOTEMAIL, nor is Yahooemail ours was and is GooGleeMail, Everyone is entitled to their opinion including the presiding judge on the case, His is the only opinion that matters to me at this time. As you state your non-legal minority opinion, The judge carefully rendered his decision after considering all the facts presented. Now its up to ENOM to get me my domain back
 
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Which character in the movie shrek was called GooGlee bear? Are you sure you are thinking of the right movie?

I have feeling this was thought up after the fact.

there were thousands of kids that subscribed to this free email service before it was yanked unfairly

You had 1000's of subscribers to GooGleeMail.com?

I sort of doubt that since there are no records in archive.org for that except for placeholder pages for register.com and enom.com. In what months was the website live and performing as an email service with 1000's of users?

How did those users find the site? There are no links to GooGleeMail.com anywhere online.

You had to know when the domain was registered (or snapped since it was originally registered with register.com) that it had a Google significance.

As I said, these are just my opinions though. It seems you have support from quite a few domainers here.

It should be interesting to see what the court of public opinion thinks about the issue once/if you get your wish for media attention.
 
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The site was live from the day we regged it until march 30 2004

http://googleemail.mail.everyone.net/email/scripts/loginuser.pl

I can also paste all the user info as well which was also brought into evidence in court. The above URL was where googleemail.com went too before ENOM carelessly gave it away while it was under court order to stay in my possession.
 
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It would be interesting to see what everyone.net's actual records were (server records).

I have an everyone.net free email service account with 1000's of users, and I can say that it takes longer than a few months to build that many.

You can also add users manually (not saying that you did), but it does seem weird that no record of the site exists for such a site with a large base of users.

Even on that page you linked to you have it spelled as Googleemail instead of GooGleeMail.

Which character on Shrek was that again?
 
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GoogLeeBear!

lol, its the same spelling, just your saying it one way and hes saying it another
 
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RB: forgive me for sounding blunt but i have already had the case heard by the courts and they have ruled on it. I will be posting the transcript as soon as I have a copy of it, You and everyone else are free to read the ruling and come up with your own conclusions.

I spent 5 hours on the witness stand yesterday answering questions and giving evidence. I do not feel obliged to do so all over again here. Sure I agree with you that the public may have one perception of the verdict but its what the courts say that matters. Dont berate me for taking the initiative and $$$$ to take on this fight, IMHO it was worth the battle either way fortunately the courts decided in my favor.

All I can say to you is that the site existed, there was 4261 members, and it was one of the bears in the movie his name was GooGlee

As for the time frame it took you to get XXXX of members I cannot comment on, but my domain had no problems
 
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One atta boy here, AdsenseGuy. I'm sure one of the first things the Judge took into account was your good faith.
 
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