UDRP Bloomberg Finance L.P. v. Igor Gabrielan and his cat Bloomberg

[Igor Gabrielan]

AdForum received a complaint from Bloomberg Finance L.P. about my domain name bloomberg.ai and is considering this complaint.

 

[Igor Gabrielan]

From:	Igor Gabrielan, Respondent
To:	National Arbitration Forum and Bloomberg Finance L.P.
Date:	December 25, 2023
Re:	<bloomberg.ai>

 

[Igor Gabrielan]

Bloomberg Finance L.P. v. Igor Gabrielan - FA2311002072420

In 2010, I noticed the coincidence of .ai domain zone with the topic of AI and was the first in the world to develop it as a domain zone for artificial intelligence.

For another four years, almost no one recognized this, and I advertised .ai zone alone. Company Bloomberg Finance L.P. (from now on I will call it B for short) realized .ai domain zone value 13 years later and now wants to take advantage of my ‘invention’.



Many people on the planet have a surname, Bloomberg:

https://forebears.io/surnames/bloomberg

https://www.ancestry.com/name-origin?surname=bloomberg



Whatever B's success in registering intellectual property (even if they bought up all the patents and trademarks in the world), it does not reduce one iota the right of people with the last name or first name Bloomberg to register a domain name bloomberg.ai.

In this case, B's intellectual property is legally void.

Therefore, I exclude it from further analysis.

In addition, the complainant's complaint contains some provisions that are meaningless both legally and from the point of view of universal human meaning. It seems that this is just empty verbal ore, and the complainer hopes that I cannot bear the weight of this meaningless mass. But I'll just ignore these nonsensical statements.







B: <<Furthermore, Respondent’s conduct with respect to the Infringing Domain Name is not unique to Bloomberg: Igor Gabrielan is named as both the registrant and registrar of several other <.ai> domains that feature well-known trademarks, all of which are available for auction on <pr.ai>. Attached as Exhibit M is a chart of domains registered with Respondent and available on <pr.ai>. Any argument that Respondent may present attempting to set forth a legitimate interest or use in the Infringing Domain Name is severely undermined by this troubling pattern. >>



The Exhibit M I received is empty. Where is the indication of the pattern that worries B?

Although I don't understand what the significance is to whether or not I conduct auctions on my website pr.ai, I did not conduct auctions. I had an idea to do auctions because I own the name auctions.ai, but I was technically unable to implement this idea.

Well, if B believes that holding auctions is illegal, then I am clean before the law.



On September 16, 2023, the mongrel cat Belka gave birth to a female kitten from an unknown father, who officially received the name Bloomberg. She received a passport with this name, was microchipped and registered in an internationally recognized manner. The cat Bloomberg has a strong reputation; she is still too small to sin. I mention this because I am writing this on Christmas Day.

Thus, the Bloomberg cat has a reputation that is in no way inferior to that of B, and in no way intends to engage in commercial or other activities that intersect with the activities of B. She doesn't even seem to know that company B exists.

I don't know why cat Bloomberg liked the domain name bloomberg.ai, since she doesn't live in Anguilla and doesn't do AI research. Perhaps she wants to be loved because ai means love in Japanese and Chinese. Maybe she wants to undergo artificial insemination (AI) for an immaculate conception, so as not to damage either her own reputation or the reputation of the companies of the same name.

Also, Bloomberg the cat wants an Instagram account for her, because she wants to become as famous as Stepan the cat from our city.

https://www.instagram.com/loveyoustepan

She explained all this to us with her gentle meows. Since I am engaged in secret developments in translating with AI the speech of cats (for which I reserved names translate.ai, transl.ai, translating.ai pettech.ai kitty.ai although I later sold translate.ai and kitty.ai), I understood her wishes and registered a domain name bloomberg.ai for the Bloomberg cat and redirected this domain name to her Instagram account https://www.instagram.com/bloomberg0311.

As for the fact that I did not respond to some emails, I receive a lot of offers and lowballs, which deprive me of free time, so I ignore a lot of emails.

Thie domain name bloomberg.ai will always belong to Me and my cat Bloomberg, will never be sold, and will never be associated with B.



A photo of the cat Bloomberg and her passport are on her Instagram account https://www.instagram.com/bloomberg0311 where redirected the domain name bloomberg.ai



December 25, 2023

 

[VadimK]

@jberryhill , it's on you now.

everybody:

 

[draco]

Apparently, there is actually a pet 'passport' for Ukraine. Who knew. It appears to be dated before the complaint. Unfortunately, the Wayback Machine shows the domain parked (possibly with ads) a couple years ago, and being offered for sale for $50,000.

Your 'lowballs' comment likely isn't helpful to your case.

 

[Igor Gabrielan]

Apparently, there is actually a pet 'passport' for Ukraine. Who knew. It appears to be dated before the complaint. Unfortunately, the Wayback Machine shows the domain parked (possibly with ads) a couple years ago, and being offered for sale for $50,000.

Your 'lowballs' comment likely isn't helpful to your case.

Is there an exact date there when this domain was put up for sale?
Most likely it was someone else.
In those days, I did not set names at such an expensive price.

https://whois.nic.ai

Domain Name:

bloomberg.ai​

Creation Date:

2022-07-05​

 

[draco]

There are two archives from 28 Nov 2021 and 25 Dec 2021 showing it for sale.

 

[Igor Gabrielan]

There are two archives from 28 Nov 2021 and 25 Dec 2021 showing it for sale.

Then this is definitely not my attempt to sell.
By the way, then this attempt to sell apparently did not embarrass anyone.

 

[Igor Gabrielan]

Apparently, there is actually a pet 'passport' for Ukraine. Who knew.

View this content on Instagram

View this content on Instagram

 

[johnn]

Money talk.
Sometimes you are right but you are wrong because they have money to burn

 

[bmugford]

From:	Igor Gabrielan, Respondent
To:	National Arbitration Forum and Bloomberg Finance L.P.
Date:	December 25, 2023
Re:	<bloomberg.ai>

Well, Merry Christmas I guess.

Bloomberg (the media company) is very aggressive in protecting their brand.

They have filed disputes for hundreds of domain names -

https://www.udrpsearch.com/search?query=bloomberg&search=domain&results=100&start=1

In this case, B's intellectual property is legally void.

Therefore, I exclude it from further analysis.

Well, unfortunately that is not how it works. You can't exclude it from further analysis by the panelist(s).

Did Bloomberg (the media company) have any communications with you before this dispute?

Brad

 

[Igor Gabrielan]

Well, Merry Christmas I guess.

Bloomberg (the media company) is very aggressive in protecting their brand.

They have filed disputes for hundreds of domain names -

https://www.udrpsearch.com/search?query=bloomberg&search=domain&results=100&start=1



Well, unfortunately that is not how it works. You can't exclude it from further analysis by the panelist(s).

Did Bloomberg (the media company) have any communications with you before this dispute?

Brad

B wrote something, mother cat Belka offered B to give them a domain, but B refused to accept the gift and wanted to take the name away from the kitten from a position of strength.

 

[Igor Gabrielan]

It seems that the case will be handled by one person.
I was also surprised that this National Arbitration Forum is something like an arbitration court; in our country, an arbitration court can consider a case only with the consent of both parties, but here no one asked for my consent.

 

[Igor Gabrielan]

B registered bloomberg.bot 2023-11-07.

 

[bmugford]

It seems that the case will be handled by one person.
I was also surprised that this National Arbitration Forum is something like an arbitration court; in our country, an arbitration court can consider a case only with the consent of both parties, but here no one asked for my consent.

You agree to that UDRP process when you register the domain.

Some ccTLD have their own process, but .AI seems to have adopted UDRP.

There are other options, such as opting for (3) panelists.

It comes with an added fee that is split between the complainant and respondent.

In all seriousness, I am not sure how amused the panelist(s) are going to be with the cat defense.

Brad

 

[Gabriel360]

Might have helped you to hire an attorney. It doesn't even matter if you are guilty or not guilty. It would have been very helpful.

Your reply just makes you look completely INSANE. It reads like a poorly written fantasy novel.

If you weren't going to hire a lawyer, SILENCE would have been a better reply.

ALSO, you (and your cat) previously AGREED to give Bloomberg the domain name for FREE. An attorney could twist that into an admission of guilt.

Just take it on the chin and hope that's the only domain you lose.

 

[Igor Gabrielan]

B has its own .bloomberg domain zone
But for some reason they do not use ai.bloomberg

 

[Igor Gabrielan]

Received and added to case.

 

[Igor Gabrielan]

The mother cat Belka asks if I can write a complaint to transfer the domain bloomberg.com to her daughter. She worries that the reputation of the Bloomberg kitten may suffer because of the activities of the company of the same name.
In her opinion, it is necessary to prohibit companies from assigning names that coincide with the names and surnames of people and cats. She wants to contact a Congresswoman of Ukrainian origin Viktoria Spartz to prepare the relevant bill.

 

[draco]

She wants to contact a Congresswoman of Ukrainian origin Viktoria Spartz to prepare the relevant bill.

I really hope you're joking. They have other things to worry about now.

 

[Igor Gabrielan]

I really hope you're joking. They have other things to worry about now.

You mean the state of Indiana? Victoria Spartz is a congresswoman from the state of Indiana.
https://spartz.house.gov
I don't understand the American political system very well. Is Viktoria Spartz an acting congresswoman? Does she have the right to file federal bills?

 

[Igor Gabrielan]

Perhaps this precedent will change the policy in names and domains? Humans and cats will gain superiority. It is not appropriate when a company causes confusion with its name and can potentially cause reputational and other damage to thousands of people and cats.

 

[Igor Gabrielan]

And it is completely unacceptable when a company of the same name aggressively tries to take a domain from a cat or a person. However, in this case, B did not know that this name was going to be used by a kitten. It is reasonable on the part of B to withdraw the complaint.

 

[Igor Gabrielan]

Honorable Karl V. Fink, (Ret.) has been appointed as the Panel for this case.

 

[Igor Gabrielan]

A historical dispute between the living and the inanimate, a cute little creature and a huge soulless company.