NameSilo

Abject Stupidity

Located in Legal Discussion, started by jberryhill, Aug 11, 2020

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  1. NameDeck

    NameDeck Top Contributor VIP

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    I'm afraid it isn't that simple. Like the case @Acroplex referred to, if I would be using it for something not related, how would I ever have heard about this casino company? I wouldn't be infringing on a TM most probably.

    The problem with james.bond is, it's instantly recognised and associated with the James bond movies. you're in trouble from the get go. @jberryhill can probably explain better as I cannot recall the correct term in English right now. It's 100 degrees here. I'm knackered :)
     
    Last edited: Aug 11, 2020
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  2. tonyk2000

    tonyk2000 Top Contributor VIP ★★★★★★★★★★

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    As a side note, I really like South America. They have some potential endusers for the domain in question:

    One James Bond lives in Peru:


    jb-peru.jpg
    Another resides in Dominican Republic

    jb-dominica.jpg


    And, the last but not the least. Beautiful country of Ecuador. No detected James Bonds, but still...

    ec-hitler.jpeg
     
  3. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    This domain is great for a person named "James" in the bail bond business. I already found some potential end users.
     
  4. MadAboutDomains

    MadAboutDomains Top Contributor VIP ★★★★★★★★★★

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    If the registrant of james.bond and 007.bond is Shortdot and they are the owners of the .bond domain name registry and it's their advert then they're potentially putting the entire project on the line. You can't create an advertisement and say it's nothing to do with "James Bond" the franchise when you include 007 in the advert at the same time.

    Surely the registry wouldn't be so stupid?
     
    Last edited: Aug 11, 2020
  5. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    The Complainant received a domain where the trademark spanned the dot, hence my point.
     
  6. TheBuyerz

    TheBuyerz Established Member

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    Agreed with @Internet.Domains, any one can register James name with whatever extension ... same thing goes for 007 ... if it was jamesbond.com I am skeptic but there will be somewhere in this earth someone with the same name ? @tonyk2000

    It is complexe... but I think they know what they are doing... a noob will not spend 800$ to register a domain name with 800$ renewal fees. Especially spending money on ads etc.

    That's anything but stupidity! Imo
     
  7. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Sure TM can span the dot.

    With this case there is multiple legitimate use cases possible that would not infringe on existing TM's.

    Bond - is a financial instrument
    Bond - used by bail bondsmen
    Bond - to tie together

    The content is key in this case. So far there is no ppc landing page or anything to reference current TM's.
     
    Last edited: Aug 11, 2020
  8. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    What are you talking about?

    The domains are listed for sale at Sedo - there's no landing page about any imaginary James who works his 4 hour shifts at a bond biz in Miami.
     
  9. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    It's pretty simple what the seller's intent is based upon. Is "James" middle name "007"?

    Look at the ad banner:

    IMG_6677.jpg


    The ad text is "James.Bond & 007.Bond" in a leaning font which copies the presentation on movie posters, DVD sleeves, etc.. Additionally, the advertisement includes the partial image of a man wearing a formal suit, as is typical of the James Bond character.

    One has to be a complete fool not to be able to determine that the sale is premised on the James Bond "007" character and rights in that character.

    Don't play dumb.
     
  10. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Under that logic, we as domain investors would lose our domains much more

    There is no reference to any existing TM's. None. Zero.

    There is many legitimate uses as many has described in the posts here.
     
  11. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    That's simply a lie. Look at the banner which the moron is using to sell the domain names. It is an obvious reference to the movie character (and all of which that entails).

    Your "James the ball bondsman" specializes in $0.07 bonds? Get real and stop pretending.

    Over the last two decades, I have successfully defended more domain names than you will probably ever sell.

    It is this sort of horseshit which gives domainers a bad name.
     
    Last edited: Aug 11, 2020
  12. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Is the ad banner the registrant?

    We must establish that first. Yes, the registry is using the advertisement as a TM violation, but the registrants intent is unknown.

    There is a difference. You should know this.
     
    Last edited: Aug 11, 2020
  13. MadAboutDomains

    MadAboutDomains Top Contributor VIP ★★★★★★★★★★

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    The link of the banner gives it away 👀
     
  14. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Duh.

    If the registry wanted to sell them as premium names, there would be no reason to register the names and list them on Sedo.

    The registry runs its own premium name program:

    https://shortdot.bond/premium-domains/

    So, duh, they could price these names as premiums and leave them unregistered (and thus not subject to a cybersquatting claim) if they wanted to avoid liability that comes with registering them and advertising them this way.

    The registry has its own premium name pricing and sales channel. They don't register names and list them on Sedo. THEY. RUN. THE. REGISTRY.

    Stop playing stupid. There are people who don't know any better, and being misled by folks like you is not helpful.
     
    Last edited: Aug 11, 2020
  15. MadAboutDomains

    MadAboutDomains Top Contributor VIP ★★★★★★★★★★

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    Curious that the banner link url contains "shortdot"...
     
    Last edited: Aug 11, 2020
  16. oldtimer

    oldtimer Do some good for humanity and the environment VIP ★★★★★★★★★★

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    Anyone can wear a formal suit, but now if he was holding a gun then that would have been a different matter :xf.wink:

    Although whoever put these domains for sale and made the banner ad for them is walking on a fine line, but they have not crossed the line yet into infringing on the TM which is basically for materials related to the big screen.

    IMO
     
  17. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Can you ever debate without condescending and unprofessional attacks?

    You continually antagonize and disrespect those that disagree with you.

    I see posts in this forum removed daily for much less. Its too bad the mods let you rant instead of debate.
     
  18. JB Lions

    JB Lions Top Contributor VIP ★★★★★★★★★★

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    You don't really debate. You post truly ridiculous stuff, people point it out and you respond like what you posted isn't truly crazy. This is yet another example, clear TM issues. It's amazing to see some of the posts in this thread. You even posted a James Bond movie video clip in an earlier thread, so you know it as well.

    The ad isn't James.Bond and Sarah.Bond and Richard.Bond. It's James Bond, 007 and in a suit he normally wears - https://www.google.com/search?q=jam...WLc98KHVWFDvoQ_AUoAnoECCUQBA&biw=1536&bih=694
     
    Last edited: Aug 11, 2020
  19. oldtimer

    oldtimer Do some good for humanity and the environment VIP ★★★★★★★★★★

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    As such there should have already been a lawsuit started or some kind of injunction to remove the domains and stop the banner ads,

    Isn't it the responsibility of every TM holder to protect their brand.

    IMO
     
  20. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Good evening JB. I have been expecting you.
     
  21. tonyk2000

    tonyk2000 Top Contributor VIP ★★★★★★★★★★

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    I am curious how could the following happen:
    - Sedo accepted obvious TMs for sale
    - Reputable forum accepted an ad of obvious TM domains
    ?
    Imho, those domains may be OK only if owned by any of a few South American guys I mentioned earlier in this thread. They are real people, no doubts. Sort of Uzi Nissan case, may his soul rest in peace...
     
    Last edited: Aug 11, 2020
  22. sircc

    sircc Established Member ★★★★★★★★★★

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    Revenge is a dish best served cold. Wait for it.
     
  23. sircc

    sircc Established Member ★★★★★★★★★★

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    Actually Tony, the guys you mentioned, have as their first name, James Bond. family name Couinche. Blame the parents.
    "Couinche, James Bond Couinche". Ian Fleming would have never sold a copy.
     
  24. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    What about:

    Bail.bond ?
    insurance.bond ?
    Junk.bond ?
     
  25. trelgor

    trelgor Established Member ICA Member ★★★★★★★★★★

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    The ad is plain and square trademark infringement. The domains are confusingly similar to TM, there are naturally no rights in the names, and it's in obvious bad faith, so it's also cybersquatting. Way to go. No court of law or UDRP panel would buy any of the arguments laid forward. Why? Because the devil don't need to be in the details here. The whole thing is possessed.
     

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