UDRP shopify.ai

[Igor Gabrielan]

Today the company Shopify started a dispute with me regarding the name shopify.ai .
I have many excellent arguments, which I will describe later.

 

[Igor Gabrielan]

https://twitter.com/x/status/1628866259650486273

 

[Igor Gabrielan]

Similar disputes should be held in a neutral country, and the commission should be chosen randomly immediately before the hearing so that a rich company does not have time to bribe the commission. Fighting with a fed-up commission in Canada is really pointless. It is indicative that the company also won a previous similar competition in Canada.
In Ukrainian courts, the judge is determined randomly. It is absurd that in domain disputes it is possible to choose the same pocket commission.

 

[Mize]

Hi Shopify.com,

Maybe this domain conflict can turn into something good?

Can you put a banner at the top to your website asking Putin to please stop killing people? Maybe you can get it to go viral and help end the war.

Thank you!

 

[jberryhill]

Similar disputes should be held in a neutral country, and the commission should be chosen randomly immediately before the hearing so that a rich company does not have time to bribe the commission. Fighting with a fed-up commission in Canada is really pointless. It is indicative that the company also won a previous similar competition in Canada.
In Ukrainian courts, the judge is determined randomly. It is absurd that in domain disputes it is possible to choose the same pocket commission.

This is just silliness. There are a couple of accredited UDRP providers:

WIPO - an international organization in Switzerland

NAF - a private company in the US

ADNDRC - a Chinese company with offices in Beijing, Singapore and Seoul

CIIDRC - a Canadian arbitration company

and a minor Arabic one in a country I don't remember for a moment.

The CIIDRC's domain name program is run by Ms. Ina Ergasheva. That is a more popular surname in Ukraine than in Canada, if that matters to you:

https://forebears.io/surnames/ergasheva

...but that is really beside the point, since she's not deciding the cases either.

If you think your chances would be any better you are kidding yourself, since over the years, Shopify has filed disputes with most of the UDRP providers since 2017:

Domain	Case	Date	Decision
shopify.cloud	WIPO D2017-1205	2017-08-11	Transfer
shopify.link	NAF 1886309	2020-03-30	Transferred
shopify.media	NAF 1899794	2020-07-13	Transferred
shopifychat.com	NAF 1913150	2020-10-23	Transferred
shopify-service.com	NAF 1915906	2020-11-16	Transferred
helpshopify.com	NAF 1916861	2020-11-23	Transferred
shopifyinbox.com	NAF 1929992	2021-02-23	Transferred
shopify-vn.com	NAF 1935553	2021-04-05	Transferred
shopifyacademy.com	NAF 1949281	2021-07-09	Transferred
shopifybrand.com	NAF 1987533	2022-04-11	Transferred
shopifyshop.com	NAF 1989162	2022-04-18	Transferred
shopifydevelopment.com	CIIDRC 17316	2022-04-27	Transferred
shopifyw.com	NAF 1989778	2022-04-28	Transferred
shopify-koshiki.com	CIIDRC 17318	2022-05-02	Transferred
shopifydeveloper.com	CIIDRC 17317	2022-05-04	Transferred

shopifyfx.com	NAF 1995195	2022-06-06	Transferred
expertshopify.com	CIIDRC 17459	2022-06-21	Transferred
shopifynfts.com	CIIDRC 18526	2022-11-14	Transferred
shopifyappstore.com	CIIDRC 18527	2022-11-15	Transferred
shopifycheckout.com	CIIDRC 18531	2022-11-17	transferred
shopifythemes.com	CIIDRC 18530	2022-11-17	transferred
shopifyjobs.com	CIIDRC 18529	2022-11-17	transferred
shopifycareers.com	CIIDRC 18528	2022-11-17	Transferred
shopifynft.com	CIIDRC 18535	2022-11-18	transferred
shopifylogin.com	CIIDRC 18533	2022-11-18	transferred
shopifyfulfillment.com	CIIDRC 18532	2022-11-18	transferred
shopify.one	CIIDRC 18542	2022-12-13	transferred
shopifyau.com	CIIDRC 18540	2022-12-23	Transfered
shopify-br.com	CIIDRC 18541	2022-12-23	Transfered
shopifysg.com	CIIDRC 18543	2023-01-10	transferred

Nobody had to bribe anyone for those results, from UDRP providers in three different countries and panelists from around the world, for the reasons I posted above. It looks like they started at WIPO, found out the fees at NAF are cheaper, and then moved to CIIDRC after a recent fee decrease there.

It's obvious cybersquatting on a well-known trademark that consists of a made-up word. The arguments otherwise are exactly the kinds of dumb excuses that make domainers look like they don't know what they are talking about.

No, it doesn't take bribery or a team of expensive lawyers to file the same template-based UDRP complaint thirty times. They just make some minor changes to the same document, pay less than $1500 in fees and get the same result each time because it's a well-known trademark that consists of a made-up word.

It's not some global conspiracy at work. It's just your fragile ego which can't handle some very obvious facts you don't like.

By the way, I received another RDNH decision defending a domain registrant yesterday:

https://domainnamewire.com/2023/02/23/iloveart-com-dispute-leads-to-reverse-domain-hijacking/

...so feel free to accuse me of being biased or paid off.

But it is exactly nonsense like this which makes it more difficult to defend legitimate domain registrants.

 

[Igor Gabrielan]

This is a Russian surname.
Although not required.
In the USSR, many changed their surname in such a way that it became similar to Russian.
https://en.wikipedia.org/wiki/Shohjahon_Ergashev

For example, I could change my last name to Gabrielov.
https://www.math.purdue.edu/~gabriea

If it turned out that I registered a trademark "Shopify" for cookies in Ukraine in 2000, would I be able to take the name shopify.com away from Shopify? Of course not, because they have a lot of money and they can buy lawyers and officials.

The right bends under the rich.

 

[Igor Gabrielan]

A lawyer is often a transmission link for a bribe to an official, as reflected in the film

Wild Tales​

You yourself showed how the decision pipeline by shopify names works.

 

[Igor Gabrielan]

I believe that a person's Right to Internet access includes the right to register a domain name.
And this human right should not be violated by the machinations of rich companies.

 

[Mize]

But it is exactly nonsense like this which makes it more difficult to defend legitimate domain registrants.

For domains in general:

Can't we figure out a question or two that the complainant needs to answer that could put a halt to process?

Would need to be questions that are not already being asked.

If these two questions below are not the correct way...then what?

1) If the complainant never existed, is it reasonable to believe that the domain has value to at least one other party?

2) Complainant, can you think of a good or service that someone could label as your trademark and not infringe on your current trademark?

 

[Igor Gabrielan]

Lawyers, even when not employed by a rich company, subconsciously smell money and think in favor of the rich company.

 

[jberryhill]

This is a Russian surname.

Why don't you look at the link I sent. That surname is most common in Uzbekistan. The next places where it is most common are Ukraine, and then Russia third.

Of course not, because they have a lot of money

Gosh, Igor, why do you think they have a lot of money?

Oh, here's a guess... Because they started a business many years before the domain name was registered. That business became very successful and well known around the world as Shopify. Yes, that is certainly part of what goes into whether or not a mark is famous and well known. Duh.

And what were you doing with the domain name? Collecting donations for the poor and oppressed people around the world, to spread peace and love?

So, tell me something, Igor...

Do you think the government of Turkey has a lot of money?

Then why did they lose a domain name dispute to a small business in Virginia:

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2021-1949

Do you think the international consulting firm PriceWaterhouseCoopers has a lot of money?

Then why did they lose a domain name dispute to an individual running a business in Hong Kong:

https://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0087.html

Do you think one of the largest commercial property developers in Dubai has a lot of money?

Then why did they lose a domain dispute to an individual in Ohio?

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2021-0591

Do you think Cambridge University has a lot of money?

Then why did they lose a domain dispute to an individual in Boston:

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1278

Do you think MasterCard has a lot of money?

Then why did they lose TWO domain disputes to a small business in California:

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-2310
https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-2310

Do you think Visa International has a lot of money?

Then why did they lose a domain dispute to an individual from Canada:

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1531

Do you think the government of France has a lot of money?

Then why did I beat them not once, not twice, but THREE times in the UDRP:

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1531
https://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-1279.html

Do you think Martha Stewart has a lot of money?

Beat her too:

https://www.adrforum.com/domaindecisions/1259275.htm

Do you think the South African national gold mining company, Rand Refinery, has a lot of money?

Then how did I beat them too:

https://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0233.html

Do you think that Daimler, the owner of Mercedes and Chrysler has a lot of money?

Then why did they lose to an individual in Georgia:

https://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-1712.html

Click on each one of those and look at who was working for the side with less money. I defended every one of those domain disputes against companies and governments who are worth billions, and mostly on behalf of individuals who didn't have very much at all.

But along comes the know-it-all who says this:

Lawyers, even when not employed by a rich company, subconsciously smell money and think in favor of the rich company.

Oh, right, I'm biased. You're the guy thinking you are going to sell a "shopify" domain name, and you're the objective one here. What a joke.

Yep, it's all rigged and corrupt. So, you'd better get out of this business immediately, because it is obviously a waste of your genius.

 

[jberryhill]

I believe that a person's Right to Internet access includes the right to register a domain name.
And this human right should not be violated by the machinations of rich companies.

I believe my farts smell like roses, but I can't get anyone to agree with that either.

 

[Igor Gabrielan]

Maybe those who lost simply did not find a lawyer who could bribe officials.
But there are well-established pipelines, one of which you have shown.

 

[Igor Gabrielan]

ai.com

Is corruption widespread in Canada?

Canada is generally considered to have a low level of corruption compared to many other countries in the world. Transparency International's Corruption Perceptions Index, which ranks countries based on perceived levels of corruption, consistently ranks Canada as one of the least corrupt countries in the world. In the 2021 index, Canada ranked 11th out of 180 countries, with a score of 81 out of 100, indicating a very low level of corruption.
However, this does not mean that Canada is completely free of corruption. There have been cases of corruption involving politicians, government officials, and business executives in Canada, and efforts to combat corruption and promote transparency and accountability are ongoing. Nonetheless, compared to many other countries, corruption is not considered to be widespread in Canada.

 

[Mize]

Maybe those who lost simply did not find a lawyer who could bribe officials.
But there are well-established pipelines, one of which you have shown.

You would have to question the part of your mind that is causing to to think in extremes. Why is it doing it, etc. ...past conditioning....current war, etc.

If you had one iffy domain I can see you having a chance...but you have a bucket of bads. John is trying to help you.

 

[Future Sensors]

This thread has become ridiculous.

 

[Igor Gabrielan]

Truth is always concrete. Here we are talking about one specific domain.

 

[Igor Gabrielan]

Why are these extremes?
Jberryhill showed how clearly the conveyor for taking names works.
This is how well-lubricated conveyors work.

​

 

[jberryhill]

Maybe those who lost simply did not find a lawyer who could bribe officials.

This guy can't find a lawyer who pays bribes:

Incidentally, that's a headline from a Turkish news site after he lost the togg.com dispute.

The largest gold mining and refining company in the world doesn't know how to pay bribes?

A Dubai commercial property developer doesn't know how to pay bribes?

Mercedes - which used concentration camp inmates to build cars and provides vehicles to every corrupt dictator on earth - doesn't know how to pay bribes?

My goodness. Someone ought to teach these people how to pay bribes!

 

[Igor Gabrielan]

By the way, in order to get a surname, Gabrielan, I paid a bribe. I paid not even through a lawyer but through the so-called runner. A runner is a person who enters offices. He took money from me, ran around the offices with them, and I got this surname. So do not say that I do not understand the mechanisms of bribes.
Are there runners in North America? Or are all such issues decided by lawyers?

 

[jberryhill]

Jberryhill showed how clearly the conveyor for taking names works.

WTF are you talking about?

Because Shopify is a well-known e-commerce platform around the world, a lot of scammers, spammers and cybersquatters register "shopify" domain names in order to scam, spam and cybersquat. That's what happens when you are the owner of a famous distinctive made-up trademark and you deal in e-commerce.

Consequently, they file a lot of cases and they win them. They haven't even filed a lot of them, compared to other well-known companies.

I guess Lego is paying bribes all of the time in order to advance the international toy building-block conspiracy:

Domain	Case	Date	Decision
legopokemon.com	WIPO D2022-4707	2023-01-31	Transfer
legos.network	WIPO D2022-4702	2023-01-25	Transfer
slotlego.live	WIPO D2022-4491	2023-01-17	Transfer
legoprecast.com	WIPO D2022-4207	2022-12-27	Transfer
legosale-us.com	WIPO D2022-3338	2022-11-16	Transfer
de-lego.site	WIPO D2022-3335	2022-11-01	Transfer
anylego.com	WIPO D2022-3337	2022-11-01	Transfer
shoppinglego.com	WIPO D2022-3025	2022-11-01	Transfer
legosticker.site	WIPO D2022-3083	2022-10-24	Transfer
brickmanlego.com	WIPO D2022-3068	2022-10-20	Transfer
legometaworld.com	WIPO D2022-3035	2022-10-16	Transfer
metaverselego.com	WIPO D2022-3019	2022-10-06	Transfer
legometa.com	WIPO D2022-2904	2022-10-06	Transfer
legocom.com	WIPO D2022-2829	2022-10-05	Transfer
mylego.shop	WIPO D2022-2584	2022-09-07	Transfer
legocome.store	WIPO D2022-2213	2022-08-19	Transfer
gachbetonglego.com	WIPO D2022-2139	2022-08-01	Transfer
legopop.art	WIPO D2022-1989	2022-07-21	Transfer
thelego.group	WIPO D2022-1315	2022-07-11	Transfer
lego2sex.website	WIPO D2022-1560	2022-07-05	Transfer
secondlego.com	WIPO D2022-1733	2022-07-01	Transfer
dailybuglelego.com	WIPO D2022-1344	2022-06-30	Transfer
discount-lego.com	WIPO D2022-1742	2022-06-28	Transfer
legoshops.com	WIPO D2022-1562	2022-06-23	Transfer
legoartnft.com	WIPO D2022-1284	2022-06-22	Transfer
iranlego.com	WIPO D2022-1329	2022-06-16	Transfer
lego.green	WIPO D2022-1331	2022-06-13	Transfer
legoedu.com	WIPO D2022-1295	2022-06-13	Transfer
lego-dvd.com	WIPO D2022-1332	2022-06-09	Transfer
legobtc.com	WIPO D2022-1349	2022-06-07	Transfer
lego-edu.com	WIPO D2022-0729	2022-04-25	Transfer
legoonlines.com	WIPO D2021-3817	2022-02-18	Transfer
lego-app.com	WIPO D2021-4145	2022-02-09	Transfer
thelegogroup.com	WIPO D2021-4146	2022-02-01	Transfer
legohouse.tech	WIPO D2021-3819	2022-01-27	Transfer
legoinstrucions.com	WIPO D2021-3818	2022-01-12	Transfer
ezylego.com	WIPO D2021-2602	2021-11-03	Transfer
yourlegohouse.com	WIPO D2021-2595	2021-10-29	Transfer
bestlegodeals.com	WIPO D2021-2393	2021-10-27	Transfer
legobricks.fun	WIPO D2021-2245	2021-10-24	Transfer
legohub.store	WIPO D2021-2675	2021-10-15	Transfer
golegoland.com	WIPO D2021-2515	2021-10-11	Transfer
legosore.com	WIPO D2021-2659	2021-10-08	Transfer
legoonline.store	WIPO D2021-2244	2021-10-07	Transfer
legoip.com	WIPO D2021-2354	2021-10-04	Transfer
legogroup.org	WIPO D2021-2641	2021-09-29	Transfer
legoshop.shop	WIPO D2021-2060	2021-09-20	Transfer
legohouse.co	WIPO DCO2021-0060	2021-09-20	Transfer
legosets.shop	WIPO D2021-2379	2021-09-17	Transfer
legoiran.com	WIPO D2021-2284	2021-09-14	Transfer
www-lego.co	WIPO DCO2021-0058	2021-09-13	Transfer
kidstoyslego.com	WIPO D2021-2391	2021-09-13	Transfer
legolaand.com	WIPO D2021-2004	2021-09-08	Transfer
shoplegoshop.com	WIPO D2021-2209	2021-09-06	Transfer
legocraft.tech	WIPO D2021-2246	2021-08-26	Transfer
legonew.com	WIPO D2021-2104	2021-08-26	Transfer
legowear.shop	WIPO D2021-1882	2021-08-25	Transfer
lego-harrypotter.site	WIPO D2021-2061	2021-08-24	Transfer
legobrick.link	WIPO D2021-2062	2021-08-24	Transfer
lego-shop.top	WIPO D2021-2057	2021-08-23	Transfer
legokand.com	WIPO D2021-1814	2021-08-13	Transfer
legolqnd.com	WIPO D2021-1813	2021-08-03	Transfer
legobaby.shop	WIPO D2021-1645	2021-07-26	Transfer
legostore.wang	WIPO D2021-1224	2021-07-19	Transfer
lego-official.com	WIPO D2021-1641	2021-07-19	Transfer
lego-au.com	WIPO D2021-1667	2021-07-19	Transfer
applelego.com	WIPO D2021-1424	2021-07-09	Transfer
legoshop.fun	WIPO D2021-1132	2021-06-09	Transfer
shopslego.store	WIPO D2021-0789	2021-05-03	Transfer
legocon.com	WIPO D2021-0738	2021-04-29	Transfer
legofigur.com	WIPO D2020-3418	2021-04-12	Transfer
legosenthusiast.com	WIPO D2021-0563	2021-04-12	Transfer
amzlego.best	WIPO D2020-3305	2021-04-03	Transfer
legoland.blog	WIPO D2020-3071	2021-04-02	Transfer
legotoysbuy.com	WIPO D2020-3497	2021-03-25	Transfer
legobahisbonus.com	WIPO D2020-3400	2021-03-20	Transfer
legoenligne.com	WIPO D2021-0170	2021-03-15	Transfer
legoonline.top	WIPO D2021-0065	2021-03-15	Transfer
legomovie.xyz	WIPO D2020-3415	2021-03-09	Transfer
lego.page	WIPO D2020-3326	2021-02-08	Transfer
museumoflego.com	WIPO D2020-2616	2021-01-20	Transfer
axlego.com	WIPO D2020-3404	2021-01-18	Transfer
lego.rest	WIPO D2020-3046	2021-01-12	Transfer
legomovie.store	WIPO D2020-2457	2020-11-30	Transfer
deslego.com	WIPO D2020-2472	2020-11-16	Transfer
blocklego.com	WIPO D2020-2355	2020-11-05	Transfer
legopromotion.com	WIPO D2020-2380	2020-11-02	Transfer
lego-nvzhuang.com	WIPO D2020-2350	2020-10-26	Transfer
mylego365.com	WIPO D2020-1695	2020-09-19	Transfer
lego-lepin.com	WIPO D2020-1694	2020-09-08	Transfer
casinolego.com	WIPO D2020-1711	2020-09-07	Transfer
prolegostore.com	WIPO D2020-1771	2020-09-04	Transfer
legoshop.best	WIPO D2020-1696	2020-08-31	Transfer
legogruop.com	WIPO D2020-1752	2020-08-26	Transfer
smartlego.club	WIPO D2020-1773	2020-08-26	Transfer
legostore.work	WIPO D2020-1706	2020-08-24	Transfer
lego-lepin.info	WIPO D2020-1395	2020-08-10	Transfer
lego-france.com	WIPO D2020-1351	2020-08-03	Transfer
milolego.com	WIPO D2020-1369	2020-07-28	Transfer
legotoys.online	WIPO D2020-0895	2020-07-06	Transfer

Those are just 100 out of the hundreds of UDRP cases that Lego has filed!

Seriously, click on the link:

https://www.dndisputes.com/search?complainant_name=lego

What it shows is that successful, well-known trademark owners attract a lot of cybersquatting, bring a lot of cases, and win them because they are successful well-known trademark owners. Again, being successful and well-known is one of the factors that makes a trademark strong.

But, wow, who knew that a toy maker was the global epicenter of judicial corruption?

Sure, you're right. It's all rigged. You better get out of this business and find something else to do because it is obviously all stacked against you.

 

[Igor Gabrielan]

I now decided to check the names like this.

ai.com

Did the word "lego" exist before the company Lego was founded?

No, the word "Lego" did not exist before the company Lego was founded. The word "Lego" was coined by the company's founder, Ole Kirk Christiansen, in 1934. The name "Lego" is derived from the Danish words "leg godt," which mean "play well." Initially, the company produced a variety of wooden toys and later switched to plastic toys, including the now-iconic Lego bricks, which were first introduced in 1949. Since then, the Lego brand has become synonymous with its colorful interlocking building blocks and has become one of the most recognized and beloved toy brands in the world.

 

[Igor Gabrielan]

But strange.
Google Translate: lego (Catalan) -> I read

And

Catalan government tells Lego: don’t toy with our language

Unrelated facts, but interesting

What's with the domain lego.cat ?
In Catalonia, and therefore all over the world, can you register lego for books?

 

[Igor Gabrielan]

ai.com

Did the word "lyft" exist before the company Lyft was founded?

Yes, the word "lyft" existed before the ride-sharing company Lyft was founded. "Lyft" is a word in English that means to raise something or someone up or to give someone a lift. It is derived from the Old Norse word "lypta," which means "to raise." The company Lyft chose this name as a play on words to emphasize its mission of providing rides to people who need to be lifted or raised to their destinations.

 

[jberryhill]

Did the word "lego" exist before the company Lego was founded?

Who cares? It is a contraction of "leg godt" which means "play well" in Danish. So, to the folks who adopted the brand, it sounded like "play well".

The words "red bull" existed before that company was founded, but I'm certain everyone reading this page happened to think of a particular drink in a can when they saw those two words.

You seem to have this notion that a trademark needs to be "invented" by the company using it.

Generations of people were named "FORD" before Henry Ford started a car company, too. So what?

The name "McDonalds" existed, and still exists among people with that name.

The name "Starbucks" was a character in a novel that the founder of the coffee chain liked.

The word "Apple" certainly existed too.

Absolutely "lyft" sounds like "lift" and "Uber" is certainly a word in German with a long history.

I don't know why you think these things matter, but you can carry on with your imaginary ideas about trademarks and domain disputes.

I just feel bad that I've spent two decades defending domain registrants using arguments, evidence, logic and the law, when it would have been so much easier just to pay bribes.

Oh well, too soon old, too late smart for me.

I bow to your genius and clearly superior knowledge of a subject in which I've been working for decades.

 

[Igor Gabrielan]

ai.com

Google Translate translates the word "lego" from Catalan as "I read". This is right?

No, Google Translate's translation of "lego" from Catalan to English as "I read" is not correct. The Catalan word for "I read" is "llegeixo".

As I mentioned earlier, "lego" does not have a commonly recognized meaning in Catalan. It is possible that Google Translate's algorithm is incorrectly interpreting the word "lego" as a conjugation of the verb "llegir" (to read), but this would be a mistake.

It's always a good idea to double-check translations and use reliable sources when learning a new language.