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]

The future is not set. There is no fate but what we make for ourselves.

What will win, life or an artificial substance?

Surprisingly, this dispute concerns AI, regarding its role in the future of humanity.

 

[jberryhill]

@jberryhill , it's on you now.

I don't have anything to do with this nonsense.

 

[Igor Gabrielan]

I have ig.ai (short for Igor Gabrielan and Instagram) and metaverse.ai (Meta Platforms have meta.com and meta.ai).

http://whois.ai/faq.html

As of Jan 1, 2023 we do not accept UDRP challenges for domains where there is only 1, 2, or 3 characters before the ".ai" unless the Complainant already has domains with those same few characters in at least 3 of the following 5 TLDs, ".com", ".uk", ".de", ".jp", ".fr".

Looks like it would be safe to own fb.ai.

 

[Igor Gabrielan]

Local veterinarians are surprised when I tell them that some company wants to take away my cat's name. They say this can’t happen, the cat’s name is officially registered and inaccessible. Even when I tell them that this company is very rich, they say - so what? I wonder what the associations of cat lovers and veterinarians in Anguilla, the UK and the USA will say.

 

[Igor Gabrielan]

I wanted to find personal websites for cats, but haven't found any yet. One company wanted to make such websites, but it didn’t work out.

https://www.facebook.com/mycatsownwebsite
https://twitter.com/cats_website

 

[Igor Gabrielan]

B itself understands how important a name is for a cat. It's funny that in the photo in the B article the cats look a lot like mine, including one cat that looks like my cat Bloomberg.

Cats Respond to the Sound of Their Own Name, New Study Finds​

 

[Gm0]

@jberryhill

I would not be surprised if the .ai registry bans the Serial Cyber Squatter who registered the following names at the .ai registry. I would further not be surprised if said Serial Cyber Squatter had his/her/they/them entire portfolio of .ai domains deleted from their account by that registry.

bloomberg.ai
binance.ai
pinterest.ai
sedo.ai
workday.ai
cnet.ai
shopify.ai
roblox.ai
rakuten.ai
pandora.ai
groupon.ai
soundcloud.ai
bosch.ai
nikkei.ai
boeing.ai
pornhub.ai
levi.ai
juno.ai
yandex.ai
fitbit.ai
yamaha.ai
siemens.ai
peloton.ai
bostondynamics.ai
gitlab.ai
kuiper.ai
shazam.ai
vimeo.ai
github.ai
kroger.ai
fortnite.ai
ikea.ai
coursera.ai
twitch.ai
gopro.ai
trustpilot.ai
pnc.ai

Simple query from Whoxy....

 

[Igor Gabrielan]

On the contrary, I protect names from squatters. If a copyright holder contacts me, I give him the name for free or cheap. And as soon as I drop a name, real squatters immediately seize it. For example, I dropped gopro.ai, and who registered it? Camera manufacturer? No! And it could get it from me for free or for a symbolic amount. When domains .com were given out for free, McDonald's was asked to register domain .com for free, but it didn't want to. This is how I try to develop .ai domain zone. For this, the names must belong to real copyright holders, not squatters, and not just belong, but they develop the direction of artificial intelligence using this name. A company must be ripe for the use of artificial intelligence, and when it is ripe, it comes to me and gets a name for free or for a symbolic amount. And it would be very difficult for a company to get a name from real professional squatters because squatters know how to hide. How did you know these were my names? Because I'm not a squatter. If I were a squatter, you would never know this.

 

[Igor Gabrielan]

https://aarf.ai

Anguilla Animal Rescue Foundation

 

[jberryhill]

On the contrary, I protect names from squatters.

How generous of you to donate your time and money "protecting" the likes of Siemens, which has revenue of $86B per year. Where would they be without you. With all the people who need help in this world, you generously volunteer to look after billion-dollar companies who would be neglected without you. A true humanitarian. I couldn't imagine a better or more noble use for your money.

None of them asked you for your help, none of them needs your help, and none of them wants your help. They are perfectly capable of helping themselves.

I understood her wishes and registered a domain name bloomberg.ai for the Bloomberg cat

You did not register a domain name in July 2022 for a cat born in September 2023.

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

It's a standard format veterinary certificate that is used by many countries. The country-specific rules vary, but you can buy them online and fill them out: https://www.pettravelstore.com/categories/Pet-Passports/ In the US, they must be certified by an accredited veterinarian.

However, actual ones have a picture of the animal attached where this one has a blank square, and it is customary to fill it out in the language of the country of origin, since most countries don't use a foreign language for official documents. If traveling to the EU, then it is helpful to additionally include an EU language, for example:

Of course, if you are simply trying to bullshit other people in an English-language proceeding then, sure, why not fill out an official document in a foreign language relative to the country of origin of the document.

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

I'll pick "things that happened before September 2023" for $5.

I would not be surprised if the .ai registry bans the Serial Cyber Squatter who registered the following names at the .ai registry.

You are correct that, unlike other TLDS, the .ai registry can revoke all of someone's domain names if they have engaged in prohibited behavior relative to a single domain name. It is in their terms:

http://whois.ai/faq.html

12.13:

"if owner of the site has done any of the above with previous domains (even non .ai domains) we can disable a current domain"

This sort of thing is why a lot of UDRP panelists believe domainers are full of shit.

 

[Igor Gabrielan]

I reserved a name for the cat long before he was born.
Mother cat asked me to reserve some foreign name.
Inside Ukraine, documents for animals do not make sense. Nobody checks them.
We do documents for animals only to
in order to take an animal abroad, therefore they write immediately in English, and not in Ukrainian, because the Ukrainian language is not in use abroad.
The status of the English language in Ukraine has been increased.
Although it may make sense to consult with the border service whether a photograph of the cat and duplication of data in Ukrainian is necessary.
Here is a good article about issuing passports, and there the document is filled out only in English.
https://pet-passport.prom.ua/ua/a481984-vse-chto-nuzhno.html

https://images.prom.ua/4307540820_w...port_ukraine.jpg?fresh=1&PIMAGE_ID=4307540820

Only the name is duplicated in Ukrainian. There are no photographs either.

 

[Igor Gabrielan]

Для того, щоб правильно заповнити паспорт свого вихованця у ветеринарній клініці, необхідно вказати його ім'я і прізвище англійською мовою відповідно до українських правил транслітерації, а також поштовий індекс, місто, вулицю та номер квартири або вдома, все англійською мовою. Детальніше: https://pet-passport.prom.ua/ua/a481984-vse-chto-nuzhno.html

In order to correctly fill out your pet's passport at the veterinary clinic, it is necessary to enter his first and last name in English in accordance with Ukrainian transliteration rules, as well as the postal code, city, street and number of the apartment or home, all in English.

 

[jberryhill]

I reserved a name for the cat long before he was born.
Mother cat asked me to reserve some foreign name.

That's great. The UDRP panelist is not going to care, and you jeopardize a collection of otherwise really good names by engaging in this nonsense. You have a lot of very valuable generic .ai domain names. Once you lose a UDRP dispute with this complete foolishness, then you do not get the benefit of the doubt when someone goes after one of your defensible domain names.

 

[Igor Gabrielan]

Everything related to real life must be taken into account. Yesterday, a wild mouse gave birth to baby mice in my room. Don't these mice have a right to a name?
When I went out onto the balcony, this wild mouse was climbing the grapes, and it was clear that it was pregnant, since it was almost the size of a squirrel. She lives on the second floor in my room under the table and climbs the grapes to eat dog food on the street. At night, the little mice began squeaking under the table, apparently giving birth. Do I have the right to receive passports for the little mice and give them the names Siemens and so on?

 

[Gm0]

Yes, Igor, I completely agree with John. Total nonsense.

You had the vision to register these wonderful generic .ai names. NOW, delete the TM infringing ones from you account, so that you can retain your livelihood. It is beyond comprehension that you are the OP for this thread.

 

[jberryhill]

Yesterday, a wild mouse gave birth to baby mice in my room

I guess your cats are pretty useless. You need to stop eating the over-ripe grapes.

 

[Igor Gabrielan]

Firstly, kittens are too small to require serious work against rodents. We once had a big cat, which we locked in a barn, so he had a whole battle with rats there, and although he came out victorious, he was also bitten by rats. Of course mice are weaker than rats, but still.
Secondly, I feel sorry for this mouse family. Mother mouse did a great and heroic job of climbing grapes and bearing little mice.

 

[Igor Gabrielan]

I agree with the advice to somehow deal with this trail of dubious names because probably my cats and I are not strong enough to fight world-famous companies. If Georgina Bloomberg had a favorite horse, Apple (https://en.wikipedia.org/wiki/Silver_dapple_gene), and she registered a domain apple.ai for him, then perhaps John would help her protect this domain.

 

[jberryhill]

As many here on Namepros can explain to you, when someone comes to me with a loser case, I tell them they have a loser case and I don't steal their money fighting cases they are going to lose. Do things always turn out as expected? No, life doesn't work that way. Another thing I tell people who seek confidential legal advice is not to post about their case on forums and other social media.

Do you think you are the first person to try this dumb stunt? Do you think you are so clever that you have nothing to learn and don't need to bother to look to see if anyone else has done the same dumb stunt before you?

Because this is a frequent flyer of a dumb stunt that pretty much always fails. There was one recent exception, and it had more to do with the identity of the complainant than any serious legal dispute.

Pier Giorgio Andretta v. Corrado Giubertoni
Case No. D2016-2496
https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-2496

"Respondent is using the disputed domain name to celebrate a dog having the name “Giordana”. “Giordana” is a real dog and, even if quite old, is still alive. The name “Giordana” has been derived from the family name of the famous basketball player Michael Jordan and is an Italianization of the American family name “Jordan” (“Giordano” for males and “Giordana” for females). In other words, the dog has been named “Giordana” after the famous basketball player Michael Jordan as a tribute to “his airness” (one of the nicknames of “Michael Jordan”). The dog is commonly known by the disputed domain name even if no trademark or service mark rights have been acquired because there is not any intention of any commercial use of the dog.

...

In any case, the mere allegation that a dog’s name is “Giordana” does not confer in and by itself any rights or legitimate interests in the disputed domain name. (It should be noted that the Panel is not addressing Respondent’s right to give his pet any name of his choice, including “Giordana”. As a prior panel said, “the right to keep the name of his dog is not at issue in the present proceedings”. See Finter Bank Zurich v. Gianluca Olivieri, WIPO Case No. D2000-0091.)

...

The Panel notes for instance that respondent in Finter Bank Zurich v. Gianluca Olivieri, WIPO Case No. D2000-0091 submitted vaccination certificates as evidence that the name of his household dog was "Finter", while respondent in Billy Connolly v. Anthony Stewart, WIPO Case No. D2000-1549, stated in his response that his dog’s name was registered with the Kennel Club of Great Britain.

The panel in YUM! Brands Inc. and KFC Corporation v. Ether Graphics a/k/a Andrew Gruner, NAF Claim Number 212651, stated, “Needless to say, Respondent cannot acquire rights to the Colonel Sanders domain name simply by naming (or possibly even re-naming) his pet guinea pig after (or in honor of) Colonel Sanders. First of all, a pet guinea pig is not a party to this proceeding so Policy paragraph 4(c)(ii) does not apply (it applies only to respondents and animals cannot be respondents). Second, allowing this defense would simply promote a plethora of pet guinea pig websites (whether the pet guinea pig has died or not), all with rather esoteric names that just happened to be famous trademarks. This Panel declines to walk down that road.”


GA Modefine SA v. Castle Rock Planning
Case No. D2001-0309
https://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0309.html

In the opinion of the Panel, the Respondent's disjointed replies do not provide that evidence. Clearly the claim that <giorgio.armani.net> is the name of the Respondent's dog is ridiculous, and his reference to "sell" and "cost" are misleading. On the one hand he claims that he has never tried to sell the domain name, while on the other hand he appears to want to be reimbursed for his cost in registering it.

 

[Igor Gabrielan]

I recently gave a friend a German Shepherd puppy, which we named Jordan.
We didn't come up with the name though. The dog had eight puppies, and the owners gave us a stack of ready-made documents with different names. There were no photographs on them, and it is hardly possible to distinguish the puppies from photographs. We chose a passport with the name Jordan.

 

[jberryhill]

I recently gave a friend a German Shepherd puppy, which we named Jordan.

Mazel Tov. The dog is not going to win any domain disputes either, and you are going to damage your reputation and the potential value of your otherwise decent domain portfolio if you keep at this nonsense with famous trademarks.

 

[Igor Gabrielan]

Dog Jordan didn't say anything about going into domain disputes.
The name jordan.ai recently began to be used by a small company.

 

[BaileyUK]

I can never truly figure-out why domainers want to sail so close to the wind in their domain registrations. Then almost plead Ignorance to any sort of contention. We all know what the motive is, that small chance the clearly associated business will bend over backwards and make an offer. To me it's almost akin to ransom ware. Sure you don't have to pay but some may.

We all know the outcome, whatever the panel size - Hand it over. and despite the registrants protestations that he wanted to do that all along helped of course by the objectors actions. Lets score a Black-Mark for the registrants 'Probable' intention and benefit others finding themselves equally compromised. Right move Bloomberg

 

[pb]

As of Jan 1, 2023 we do not accept UDRP challenges for domains where there is only 1, 2, or 3 characters before the ".ai" unless the Complainant already has domains with those same few characters in at least 3 of the following 5 TLDs, ".com", ".uk", ".de", ".jp", ".fr".

Very sensible policy, but a bit weird exclusion. Still better than other TLDs where want-it-all corporations can just go an file a frivolous claims for L, LL, LLL domains, because why not.

For example Apple wanted to steal ap.pl through arbitration, because it's oh so similar to their precious brand... I guess they wanted a cool url-shortener but the legitimate owner didn't want to sell or they didn't want to pay...

 

[wwwulff]

https://domaingang.com/domain-law/b...giant-beats-registrants-cat-over-domain-name/

Will your cat go to court?