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Today the company Shopify started a dispute with me regarding the name shopify.ai .
I have many excellent arguments, which I will describe later.
I have many excellent arguments, which I will describe later.
Apparently, he likes peacefully jumping kangaroos more than predatory lawyers.
This is a major plot twist, attorney.No, he wants to kill people. He has a couple of operating websites which also are used to communicate death threats.
I believe that invented words are creative artifacts in themselves too In all other cases, words should be free. Perhaps trademark offices could implement a simple script to query their database and provide customers with a list of available domain names at the time they register so to avoid later complains.Well, technically you can do that. The common words in the dictionary cannot be monopolized by anyone in the general scope.
You can use goggle.io, but you cannot use google.io since it's an invented word.
It's same for the "shopify". Somebody came up with that brand name, trademarked it globally and now it's their intellectual property.
If things didn't work that way, no one would be able to protect their creativity, make a profit, and it would be easy for malicious people to defame the brand.
soon, if not now: AI knows all the domains registered that contain a trademark term and can notify the trademark holder of potential infringement, if the infringement is within the AI's reach.I believe that invented words are creative artifacts in themselves too In all other cases, words should be free. Perhaps trademark offices could implement a simple script to query their database and provide customers with a list of available domain names at the time they register so to avoid later complains.
Can there be complaints about the domain names of three characters?
Intuitively, I don't.
Domain | Case | Date | Decision |
---|---|---|---|
ibm.store | WIPO D2020-2419 | 2020-12-16 | Transfer |
ibm.onl | WIPO D2020-2213 | 2020-10-12 | Transfer |
ibm.nu | WIPO DNU2020-0003 | 2020-08-03 | Transfer |
ibm.buzz | WIPO D2014-1419 | 2014-10-29 | Transfer |
ibm.cc | WIPO DCC2011-0006 | 2012-01-13 | Transfer |
ibm.ro | WIPO DRO2010-0003 | 2010-07-19 | Transfer |
ibm.com.ro | WIPO DRO2010-0004 | 2010-07-16 | Transfer |
I believed that three letters were not enough for distinguishing ability, and for each set of three letters, there were several companies using it.
Hi Igor,There was no violation on my part, it was just that the fight was unfair, and the magic of big money worked.
If Proctor & Gamble had released "Shopify.ai" soap and made a website shopify.ai for it, Shopify would not even have gone into battle.
Can jberryhill give an example of when someone took the domain name of a powerful company?
Proctor would crush Shopify like a louse, and not one of the pack of sales lawyers would even nip in their direction.
wow, what a profound and nice reply, JohnYou are the only person in this thread who believes that. "Shopify" is not a word, and English is not German - we don't just string things together and make up words as we go along. The arguments along the lines "putting -ify on the end of a word is normal" or "someone else would have registered it" do not mean anything in a UDRP dispute. Since English is not your native language, you are probably not a good judge of what looks normal in English and what doesn't. "Shopify" is not some sort of existing or inevitable word.
It doesn't make sense because what would it mean? To make something shoppy? To turn something into a shop which was not a shop? It just does not work as an English word, and I don't think you are at all qualified on the subject of what "feels right" to English speakers. There's a loudmouth self-proclaimed expert domainer on Twitter who doesn't realize that his English sounds like a bad spam email. Hey, I get it, I can barely get by in broken Spanish and your English is phenomenal. But surely you understand that native speakers have a "feel" for what works and what doesn't. Yes, we have a lot of "-ify" words like "beautify", to make or increase a thing's beauty; "diversify", to make something diverse; humidify, to make something more humid. But you can't just stick -ify on the end of any English noun and come up with something that makes any sense. Shopify, to make something more like a shop? In most cases, the root word also ends or combines with -ty or -ity in a pair, like qualify/quality diversify/diversity humidify/humidity dignify/dignity, but the point is there are words that work well with "-ify" and words that don't work well. Now, as a trademark, "shopify" is borderline suggestive/fanciful because if it was a word, then it would sort of fit the idea of turning your website into a store.
But, bottom line, it is not a word, any more than cybersquattiousness - which, yeah, you could work out a meaning (like, the quality of having a tendency to engage in cybersquatting), but it is just not a freaking word. Its awkwardocity exceeds its meaningness.
Additionally, trademarks are not about who "invented" some made-up word or whether it is shares a suffix with other words. "Coca-Cola" is just the names of two plant ingredients - coca and cola - which go into making it. So what? Who cares? The point is that many people around the world know exactly who and what "Coca-Cola" is.
Likewise, anybody on the planet who knows anything about e-commerce knows who Shopify is and what they do.
Look at your first sentence in this thread:
"the company Shopify" - What company Shopify? You don't say, "Shopify, an e-commerce platform provider" in order to give us some idea of just what this company might be. And you don't have to for a simple reason: We all know who Shopify is.
Your first sentence in this thread assumes the fact that your audience knows who you are talking about when you refer to "the company Shopify". That, right there, the way you said that, demonstrates that it is a strong and well known trademark. We all know that. We don't react by thinking, "Gosh, whomever could he be talking about? I mean, "shopify" could mean so many different things." No, the reaction is more along the lines of having someone come in complaining, "I just went to a face slapping contest and got my face slapped!" Yeah, what did you think was going to happen there?
You did not have great chances, and there is no one who agrees with you. Now, sure, if you had some sort of expertise in the UDRP, that wouldn't be much of a problem. I'm frequently the bearer of bad news to people who have overly optimistic ideas of how strong are their arguments and how good are their chances. But, then again, there is no one else on the planet who has defended as many UDRPs as I have, so I'm really not too bothered if someone who has never been involved with a UDRP disagrees with me.
But, you might notice that Namepros members usually tend to be on the optimistic side of these things. Someone will show up, post a truly awful domain name, and Namepros members will go on about ridiculous reasons why it would survive a UDRP. Certainly, you have to have noticed this over time.
So, given that general background, when you are getting feedback from several others here who are not usually among the loonies (although I could go either way on that with one of the folks above), and they are telling you that it is utterly ridiculous to believe that a junior domain registration of "Shopify" dot anything was going to work out well, then you should really take into account that, most of the time, these threads are practically cheering sections for questionable domains supported by flimsy arguments.
You can't simply take that sort of consistent disagreement as a mere offense to your pride and dismiss every one who disagrees with you as an idiot. Granted, their disagreement may be expressed in harsh ways, but it is a harsh world, and they are at least telling you their honest opinion, regardless of how dopey a lot of the opinions around here tend to be.
That is all. Good luck with the CIIDRC, and I hope that someday you see your money back from Epik.
The price is the same as storify.ai .Hi Igor,
Are you able to provide some fair use ways/or non infringing ways to use Shopify.ai that might have value to someone else? If so, what is your estimate of that value?
Now someone has a temper tantrum, and he puts me cons on the forum.engaged in registering domain names as a temper tantrum.
That's your problem, not shopify's. There are many free and open sources available for TM research.I never know shopify until some day I consider build a e-commerce website to sell products
Too much ignorance!TM and domain should managed separately
It's too late for that because this particular brand name is already trademarked. That's the point anyway.OP still have the rights regard use term "shopify.ai"in his own biz