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Bang Energy Wins WIPO Case for BangEnergy.com

Labeled as legal in Domain Industry News, started by Robbie, Jun 3, 2020

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12
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796

  1. Robbie

    Robbie RobbiesBlog.com VIP ★★★★★★★★★★

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    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    I'm confused.


    bangenergy.com
    2011-11-07

    On Wipo.int website it shows there is 64,312 trademarks containing the words "Bang Energy"

    "bangenergy" no space has zero trademarks.

    many of the trademarks are registered way after the domain registration.

    How the hell did this company win this Wipo case? Because the domain owner did not respond? seriously?

    That's all it takes? If this is the case what hope do we all have when a company can just file a Wipo and win like this?

    Can this decision be appealed? or is it a done deal?

    Who was the old owner? He or she asked $850,000. Didn't get it. Got a Wipo dispute from the company they tried to sell and the owner lost?

    was it because the owner approached the enduser?

    I don't see why that would be an issue since they owned the domain since 2011.

    This doesn't make sense.
     
  3. TheBaldOne

    TheBaldOne Top Contributor VIP Gold Account ★★★★★★★★★★

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    @WhoaDomain.com - I would imagine the biggest mistake the original owner of BangEnergy.com made was not to contest the case. I assume by not contesting the case then the only evidence put before the tribunal was on behalf and therefore supporting the claimant JHO Intellectual Property Holdings, LLC case.

    I 'think' I remember reading some years ago that WIPO cases can be appealed through the courts (I could well be wrong here, it is just a faint distant memory of an article which I might have misread), but I think I would in the respondents shoes at least employ a lawyer to investigate this avenue.
     
    Last edited: Jun 4, 2020
  4. CraigD

    CraigD 360promo.com VIP

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    "In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on April 29, 2020. In accordance with the Rules, paragraph 5, the due date for Response was May 19, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on May 20, 2020."

    So it appears that the respondent was given 21-days to reply.
    If he didn't check his email or the email got flagged as spam, he would not have seen it.
    He could have been indisposed or simply too busy to check his mail for whatever reason.
    THAT needs to change!
    What about his physical mailing address?
     
    Last edited: Jun 4, 2020
  5. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    that's nuts.

    I mean with so many trademarks for "Bang Energy" and not all of them are owned by the winner of this Wipo case.

    Surprised Wipo even gave the Bang Energy this win.

    I mean when you register a trademark you have to prove actually have or provide the goods and services that you supposedly want to register for.

    and even then they investigate it. They even want you to have some kind of online presence to make things easier. If not then they would need something they can check online.

    A simple check in their own database would show that Bang Energy can't have exclusive rights to the term "Bang Energy" seeing as how there's 64,312 trademarks containing the words "Bang Energy".

    Crazy......but I guess there is no one else to blame by the old owner for not replying to Wipo.

    You never know. These days with coronavirus people are "disappearing" and maybe can't respond to Wipo disputes.

    I sure hope not.

    either that or people are more focused on staying alive and healthy. Them and their family like I am.

    I've seen several very good domains go to expired auction and dropcatch auctions that makes me wonder if the old owners ended up getting coronavirus and couldn't renew their domains? or respond to Wipo disputes?
     
  6. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    I've gotten Lawyer emails for several of my domains in the past. I have to admit I have ignored some as some weren't from lawyers.

    Some shady outfit trying to strong arm me into giving up my domain to them for free. Telling me they "represent" the trademark holder or "mark" holder" or some company that has an issue with me owning a domain.

    I simply tell them. Have the ACTUAL trademark holder or people who take issue with my domain to contact me directly from their company email addresses.

    and then I tell them. I KNOW YOU ARE JUST TRYING TO STEAL MY DOMAIN so you can resell it to the people you SUPPOSEDLY REPRESENT.

    I'M NOT FALLING FOR IT.
     
  7. BrandCollectors.com

    BrandCollectors.com Restricted (DM)

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    850k? the tm owner went on go daddy for checking the value and what they saw estimated value is 6k USD.

    bangenergy a company with big budgets their ads everywhere but not for 850k..I would say the real value is max $10k maybe even 50k but not 1 fakin' million dollars. seller just dumb probably the domain was parked with bangenergy ads..

    Screenshot_20200604-105622.png
     
    Last edited: Jun 4, 2020
  8. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    the price of a domain is relative...................................
    Relative to whether the enduser has deep pockets. lol

    jk

    The price of a domain is..................what a buyer wants to pay.
     
  9. TheBaldOne

    TheBaldOne Top Contributor VIP Gold Account ★★★★★★★★★★

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    ………. and what the owner is willing to sell it for!

    When the two meet then the price is fixed. :xf.wink:
     
  10. Arfy

    Arfy Shrew.com VIP

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    Even if he quoted $5M dollars, I don't see why he should have the domain taken away for that reason. Maybe he thought Bang Energy would come knocking one day and have a price relative to what they could afford - again is that really a reason for a domain to be taken away?If he was hosting ads related to Bang Energy and infringing on their trademark and then quoting an extortionate price as a way of exploitation, that's a different story. No evidence of that thus far though.

    In my opinion this should be appealed. It's actually a good domain name for an energy drink, health supplement, cleaning product, fuel, batteries etc etc.
     
    Last edited: Jun 4, 2020
  11. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    aren't there redundancies to prevent the domain owner from "not getting the mail" from Wipo letting them know they have 21 days to respond? I mean shouldn't the registrar of the domain get a secondary notification that the domain will be given to the complainant if the registrant does not reply back and contest the Wipo dispuse?

    had Wipo done this perhaps the registrar would send a snail mail to the registrants address if Wipo did not want to do it.

    I'd say the registrar would do this for a domain is about to be taken from their customers account,.

    To avoid any legal issues.

    I think if the registrant did not respond to the email at least the registrant might be able to use the current pandemic as an excuse why he did not respond? I mean he could have been dead.

    better call the Johnny Cochrane of UDRP!

    @jberryhill
     
    Last edited: Jun 4, 2020
  12. Grego85

    Grego85 Quality.Domains VIP

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    The name was already worthless anyway. What are you going to do with it at this point if youre not Bang Energy Drink.

    Everyone always argues over registration date and this and that.. who cares? The name is worthless when no one will touch it for obvious reasons
     
  13. Save Breach

    Save Breach Established Member

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