UDRP BC30.com UDRP lost by NamePros Member

[Silentptnr]

Sorry to read that Rob Monster lost a domain and a payday. I learned from this.

https://domaingang.com/domain-law/bc30-com-udrp-what-not-to-do-when-negotiating-a-domain-sale/

Let's discuss this.

I personally have never been involved in a udrp case, but naturally I've contemplated my plan if I ever am.

 

[nothere]

If one were advising a well-funded company on the best approach to dealing with a pro se litigator, then the best advice, absent service having been made, is to let that pro se litigator flounder about and see if the court dismisses the case on its own.

Sure, but he can go from a floundering pro se litigator into one with a lawyer, even though he is dragging his feet and that seems unlikely. Either way, a non-zero chance exists that they could lose the name. Secure the name forever with a few $k and be done.

As for sending messages: They make probiotics, they are not a tech company like IBM (but then they might decide to send a message, as they have many trademarks)

 

[topdom]

Biggest problem with UDRP seems to be that they ignore evidence favorable to respondents. So you are attacked, and you need to defend by disproving each of their attack arguments. .. The complainant says nonsense, and you need to prove why it is nonsense. Maybe this needs to be done for each sentence. Otherwise they pick complainats' sentences, and claim we didn't defend against those claims... For example mentioning generic domains you own may not help, because the judge is corrupt. They don't put our arguments on files as they are. They handpick stuff to support their decision.

 

[topdom]

I'm in udrp right now for ibmkeyword.com . keyword has nothing to do with computers. I will claim ibm is just 3 letters, which can be shared by many companies, so it is almost like a generic word...I don't want to hijack this thread so this is all I say. In a fair case I would win, but I assume I have 50 percent chance of winning because of corruption.

 

[topdom]

keyword =! keyboard

"keyword" has nothing to do with computers.
a keyboard is part of a computer.

so big difference. I didn't mention the exact domain.

 

[nothere]

@jberryhill curious: how much would a "normal" domain fed court case would cost? Or there's no such thing and fees are decided in the end? Let's assume that the lawyer is local so no travel /lodging needed.

 

[topdom]

ICBC paid 8 figures to buy icbc.com. icbc is as big as ibm, if not bigger.
Same for tesla.com.
Are these companies stupid. And here these domains are more than just confusingly similar.
And yes, I have other LLLkeyword.com ,..I look at intrinsic quality.

IBM paid billions to advertise its brand. But similarly US govt spent billions to hide the fact that
9/11 was an inside job, and moon landings were fake. But I can still defend the truth, and expose
lies.

 

[Reddstagg]

1 - Who determines 'Confusingly similar' and what are the agreed parameters? Where can we see this information. Q -would anyone say that 'KnightRaider' and 'NightRider' were confusingly similar?

2 - If I as the Registrant am registering the name as a Domain Investor does this not give me the right, whether implied or otherwise, to have legitimate interests or rights in the name by the very nature of Domain Investing if Domain Investing is recognized as a legitimate Business?

3 - What constitutes 'beyond all reasonable doubt' bad faith and what are the parameters and who determines them and where can we see this information?

4 - Are the 'Several non-exclusive factors' just the four factors in the information quoted or are there more 'Factors'?

5 - If it is just the four 'non-exclusive factors' mentioned and the answers to all the points are 'No, they did not' is this sufficient grounds to dismiss the case or are there other factors or opinions taken into account?

That's it for now, but I would appreciate any comments or feedback that you may have.

Regards,

Reddstagg

 

[Reddstagg]

I meant to say “Post ‘em as other threads and see if you get lucky.” This thread already had a topic.

Mr Berryhill,

Thank you for your quick reply.

Although related, I agree it could be deleted by Moderators if perceived to be off topic for this thread.

I had posted the above questions on the 'SCOTUS Booking .com' thread previously.

 

[Keith]

Mr Berryhill,

Thank you for your quick reply.

Although related, I agree it could be deleted by Moderators if perceived to be off topic for this thread.

I had posted the above questions on the 'SCOTUS Booking .com' thread previously.

You need to research past threads or create a new one that is on topic.

 

[branding]

I meant to say “Post ‘em as other threads and see if you get lucky.” This thread already had a topic.

I know your time is precious but I was wondering if you would be open to an 'ask me anything' of some sorts on Namepros? Have you ever been asked?

Maybe you'd encounter a lot of 'stupid' questions but I think the legal side in domaining is highly underrepresented and you're kind of an authority in that field, in my opinion anyway.

 

[topdom]

If there are no other companies named ibm then this would mean, IBM abused its power to prevent it from happening, because many companies can be abbreviated as a given premium 3 letter acronym.
For example international business management (and yes, this domain exists). Can't they use ibm.net, they should be able to. And there is an .io site. A domain can be good fit for their business, but it can also be good fit for others.
(I can defend myself perfectly (but not here), but maybe not worth it, domaining is not a very honorable thing anyway.)

 

[Chris Hydrick]

Curious to hear if there are any updates...

On July 22nd, the plaintiff @Rob Monster was ordered to show cause why the complaint should not be dismissed.

Plaintiff shall file a responsive a responsive brief no later than August 13, 2020. The Clerk of Court is directed to note this Show Cause on the Court's calendar for Friday, August 14, 2020

 

[bmugford]

I'm in udrp right now for ibmkeyword.com . keyword has nothing to do with computers. I will claim ibm is just 3 letters, which can be shared by many companies, so it is almost like a generic word...I don't want to hijack this thread so this is all I say. In a fair case I would win, but I assume I have 50 percent chance of winning because of corruption.

Really? so out of all the possible 3letter combo+keyboard you registered ibmkeyboard.com? https://en.wikipedia.org/wiki/IBM_PC_keyboard

If you don't drop it, you really deserve the fine and other sides' lawyer fees. Domainers don't support squatting famous trademarks, that's so early 1990's.

keyword =! keyboard

"keyword" has nothing to do with computers.
a keyboard is part of a computer.

so big difference. I didn't mention the exact domain.

I would say you have 5% and that's still generous. You could be selling potency enhancement herbs under microsoft2bighard.com and still lose the domain to Microsoft because of the enormous brand recognition, and IBM has a brand at least as strong.

Also I think it would be wise to ask the mods to split this section from this thread as it's completely off-topic.

IBM is not just three letters. In fact, when I'm defending cases involving short three or four letter domain names, I will usually point out that it is not as if we are talking about IBM, HSBC, BMW, etc..

"which can be shared by many companies" - Oh really? Name a few.

IBM is immediately recognizable as a well known and famous mark.

Currently pending:

D2020-1635
ibmcoronavirus.org

D2020-1650
ibmassist.com

D2020-1684
ibmupdate.com

D2020-1720
ibmconsulting.com

Saying "IBM is just three letters" does not explain why you registered the name and believed it to be valuable. Do you have the same keyword registered with some OTHER just three letters in front of it?

I can assure you that every single one of those IBM(keyword) cases pending before WIPO is going to be decided in favor of IBM or the respondent is going to be smart enough to seek a UDRP rule 17 transfer.

That's not "corruption". That's simple common sense.

ICBC paid 8 figures to buy icbc.com. icbc is as big as ibm, if not bigger.
Same for tesla.com.
Are these companies stupid. And here these domains are more than just confusingly similar.
And yes, I have other LLLkeyword.com ,..I look at intrinsic quality.

IBM paid billions to advertise its brand. But similarly US govt spent billions to hide the fact that
9/11 was an inside job, and moon landings were fake. But I can still defend the truth, and expose
lies.

I don't know if this is your dispute or not, but "IBM" is not just some generic term, especially when not even in actual use.

https://domaingang.com/domain-law/i...es-loses-ibm-acronym-domain-udrp-at-the-wipo/

 

[pb]

The Respondent has a portfolio of “four-letter” domain names. It appears that the Respondent is in the business of investing in and reselling four-letter domain names. A number of previous UDRP panels have found that as long as this kind of business is not infringing on a complainant’s rights in a mark, the Policy allows registration and use of domain names for this purpose.

Love it, I hope it becomes a standard with regards to LL, LLL, LLLL names, which at least in .com are depleted so people just buy them without any thought or intention of "infringing".

 

[Keith]

@Rob Monster had provided additional details earlier in this thread.



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On day 16 expired domains with BO are supposed to be awarded. That doesn’t happen. Epik is garbage.

 

[jberryhill]

Epik/Rob announced the acquisition of Intrust Domains

The registrar was "Dropweek.com" which appears to be owned (at least now) by Web.com. I'm still not clear what that has to do with "Intrust Domains".

 

[Chris Hydrick]

The registrar was "Dropweek.com" which appears to be owned (at least now) by Web.com. I'm still not clear what that has to do with "Intrust Domains".

I think IntrustDomains was a network of dropcatching registrars that included DropWeek.com. I'm not 100% on that though. See below connection:

https://www.namepros.com/threads/warning-intrustdomain-domain-match-makers.658407/

I just registered with them and try to put a backorder. I believe they used to work with enom under a dozen of names of like DropHub, DropWeek ...

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https://web.archive.org/web/20120921165042/http://www.internic.net/registrars/registrar-1078.html

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