legal Owner Of BeSpoke.com Being Sued: Wants 8.5 Million for it

[Silentptnr]

It will be interesting to see how this case goes...They always call domainers cybersquatters. Just kills me.

"A Louisiana limited liability company that markets travel tours alleges a New Zealand resident wants more than $8 million for a domain name.

Bespoke LLC filed a complaint on March 13 in the U.S. District Court for the Eastern District of Louisiana against Garth Piesse alleging violation of the Anticybersquatting Consumer Protection Act..."

Read the full story here:
http://louisianarecord.com/stories/...n-name-it-alleges-is-owned-by-a-cybersquatter

 

[urlurl]

isn't bespoke a dictionary word

 

[urlurl]

so the plaintiff says they started their company in 2013 but didn't register the name

name was registered in 2014

 

[Silentptnr]

Yes, I can't believe they never registered the domain. 8.5 might be alot, but I don't see how they can just take it from the registrant.

We'll see.

 

[Shimmy]

There are over 100 companies with a trademark for the word Bespoke. That is just attempted theft. Wonder long the 5 star reviews for Bespoke Experiences will last with their horrible business practices.

 

[DomainVP]

If this were a UDRP the only thing that would rip this domain from the registrants hands is if they don't reply or they have parked the domain at any point and the parking included links to the complainants website/business. There are different variations to this argument that are all very similar i.e. while parked they are promoting links that have to do with their unique area of commerce.

I guess thats why they didn't file a UDRP.

Bespoke is an adjective for anything commissioned to a particular specification.

The uni landing page isn't a good look/strategy with the courts. The article is balking at the price, so I am 100% sure they are going to argue non-use and bad-faith.

 

[MapleDots]

The guy should just be smart and offer them a bargain basement price of 1 million and call it a day. No sense being greedy, get what you can when the going is good.

 

[Silentptnr]

The guy should just be smart and offer them a bargain basement price of 1 million and call it a day. No sense being greedy, get what you can when the going is good.

I certainly believe its up to the domain registrant to set their price, but 8.5 million for it is alot.

 

[frank-germany]

I certainly believe its up to the domain registrant to set their price, but 8.5 million for it is alot.

so is there an upper limit
when you ask $xxxxxx USD
so you lose the domain

as you are simply
out of the world
must be mad
and so the
civil rights will be taken away from you?

like 1.5 million ok
but more then 4 million -> lunatic asylum?

 

[Silentptnr]

For 8.5 they could rename themselves and rebrand.

 

[frank-germany]

For 8.5 they could rename themselves and rebrand.

have a look at sumo.com sale

 

[Aspiring Billionaire]

Its rather sad how the article misleads the reader to believe that a cybersquatter is :

"a person who buys domain names and attempts to resell them at a higher price"

instead of ...

"a person who buys domain names with bad faith intent to profit from the goodwill of a trademark belonging to someone else".

This ignorance is partly (if not wholly) the reason why the general public and businesses perceive premium-priced domain names in such a negative light.

 

[Aspiring Billionaire]

Bespoke.com.au (Australia cctld) shows whois history as far back as 2008, last updated 2015-07-19.

BTW, would the current owner (a New Zealand resident) be required to physically appear in the US District Court to defend himself? And if so, would he automatically lose ownership if he fails to appear in person? Or could he hire a US based lawyer/attorney to represent him in court?

 

[Silentptnr]

Would have to hire from jurisdiction of the action i believe.

 

[slader23]

Is it just me or is anyone shocked that Bespoke.com was registered in 2014? The age of the domain might win the complainant the case...

 

[Silentptnr]

Is it just me or is anyone shocked that Bespoke.com was registered in 2014? The age of the domain might win the complainant the case...

Its going to be interesting for certain.

 

[Bannen]

Bespoke.com was registered continually for more than 15 years, it dropped in May of 2014 and was picked up by Dropcatch.com. So not technically hand regged. I'm sure it would have gone to auction at DC since it is a premium domain, but I don't know the price it sold for.

 

[maxtorz]

Fantastic generic domain name.
I would lawyer up and ask for crazy damages and seek/file RDNH against that Louisiana company.

 

[Wannabean]

They want what they want for a name they have every right to own. End of story.

Hope it plays out that way in the unpredictable world of udrp.

 

[deez007]

so the plaintiff says they started their company in 2013 but didn't register the name

name was registered in 2014

Lol..whats more shocking is that this beauty was available to register in 2014!

 

[deez007]

Is it just me or is anyone shocked that Bespoke.com was registered in 2014? The age of the domain might win the complainant the case...

Bwhaa great minds think alike...that's exactly what I said....(before I read ur comment here)

 

[newviewit]

Typical lawyers trying to scare the domain owner into submission. I wouldn't do anything until served the proper wipo documents. Let them spend all their money on lawyers and empty threats...

 

[Silentptnr]

Typical lawyers trying to scare the domain owner into submission. I wouldn't do anything until served the proper wipo documents. Let them spend all their money on lawyers and empty threats...

100% agree with you on that.

 

[Brand Consultants]

https://www.thedomains.com/2015/05/...of-reverse-domain-name-hijacking-on-mango-uk/

Looks like the owner has defended his names before and will defend again.

Get ready for a RDNH verdict.

 

[Silentptnr]

Many companies have started with one domain and later upgraded. This company should be no different. Look at sumo, they paid 1 million recently. Just yesterday, I read a company paid 40k. Happens all the time.

I don't see how they can claim it should be theirs just because they don't like the price. I bet if the owner had said 20k, they would have paid. They just don't like the price. They probably figure they could try other, cheaper means first....like trying to take it through udrp.