discuss Defend HeidiPowell.com against a Bullying Celebrity Thief!

[Slanted]

Hi domainers,

Please take a moment to help defend domain owner rights. The grandmother who owns HeidiPowell.com needs our help. You don't need to spend a penny. Just stand up and say, "This is unacceptable." It will take public pressure outside NamePros. But there are a lot of us; so hopefully we can join forces and spread the word.

Scroll down. There are a few specific things we can do to help. It's urgent.

Some of you know the story already. A grandmother has owned HeidiPowell.com for many years, but a minor TV celebrity has decided that she is the only Heidi Powell in the world who matters. And this arrogant celeb has dragged the original Mrs. Powell through a UDRP and even into bankruptcy court, attempting to take not just her domain but her own NAME from her by force. Truly, it's one of the most reprehensible cases I've ever come across. If we don't defend her, nobody will defend us when we ourselves are targeted.

Background:

Mrs. Powell has been Heidi Powell since her marriage in 1979. Back in 2005, 12 years ago, her husband presented her with the domain HeidiPowell.com as an anniversary gift. It's a developed website where she offers web design services. But it's more than just a site whose name can be changed. To this day, Heidi uses HeidiPowell.com for her email address, which is tied to all her online accounts. So if she loses this domain, it's akin to identity theft.

Then along comes another Heidi Powell – a celebrity fitness trainer who had a short-lived TV show on ABC. ("Celebrity", so they say. I'd never heard of her.) She became Heidi Powell after a 2010 marriage – long after HeidiPowell.com was registered by the rightful owners, Mr. and Mrs. Powell.

Greed and megalomania – it's the usual tale of a spoiled narcissistic brat who feels entitled to confiscate whatever she wants, no matter the damage to us "little people". First came the UDRP. Fortunately, David Weslow – a well respected attorney – stepped forward to defend Heidi pro bono (i.e. free of charge). I think there's a very good chance justice will prevail in the UDRP case, thanks to his efforts.

But Mrs. Powell and her husband are still suffering, and her domain remains in jeopardy. You see, this fitness trainer "star", this usurper, this would-be thief and her lawyers have found another way to attack the rightful Heidi Powell – even while the UDRP case is still in progress. Years ago, Mrs. Powell and her husband experienced some misfortunes and had to file for bankruptcy. Life can be like that. Now, this covetous celeb is arguing that the domain HeidiPowell.com ought to have been declared as a valuable asset during their bankruptcy case years ago. It's absurd, of course. The market value of HeidiPowell.com is negligible except for 1 greedy celebrity who came along later on. I personally prepared a 5-10 page document for David Weslow, citing verifiable data that proves this.

However, the celeb and her lawyers are bribing the trustee with a 5-figure sum to drag Mr. and Mrs. Powell back into bankruptcy court! And legal representation in this bankruptcy case is not provided by David Weslow; he's only handling the UDRP. Far from being free, this additional legal burden will cost Mr. and Mrs. Powell thousands – not to mention stress, time, and damage to their credit and reputation. Obviously, the celeb's strategy is to bleed this humble couple until they give up from exhaustion.

Press Coverage:

From time to time, we hear about domainers requesting financial help. Personally, I'm always very skeptical about those claims because it's easy to exploit people's sympathies. Heidi Powell is not a domainer. What she primarily needs our help with is public pressure. Giving that kind of help is 100% free.

Heidi's case has been written about extensively:

(1) USA Today

http://www.usatoday.com/story/life/...andmother-heidi-powell-over-website/90916602/

(2) The Register

http://www.theregister.co.uk/2016/09/27/narcissist_heidi_powell_wants_her_dotcom/

(3) DomainNameWire.com

http://domainnamewire.com/2016/09/13/reverse-domain-name-hijacking-alleged-heidipowell-com-lawsuit/

and

http://domainnamewire.com/2016/07/19/heidi-powell-lawsuit/

(4) At NamesCon, David Weslow of Wiley Rein was given the first ever "Lonnie Borck Memorial Award" in recognition of his "exceptional efforts in championing the rights of domain name registrants". Those of us who are members of the ICA – the Internet Commerce Association, which advocates tirelessly for domain owner rights – voted for Mr. Weslow specifically because of this Heidi Powell case.

http://www.dnjournal.com/archive/lowdown/2016/dailyposts/20161219.htm

I was hoping that Heidi's case would get some publicity at NamesCon when David Weslow received the award. However, I understand he wasn't able to attend due to illness.

TAKE ACTION!

Alright, guys. This is where we can make a difference. Get angry! Imagine it's your grandma being dragged into bankruptcy court! Imagine it's your domain being taken away unjustly! Imagine it's costing you thousands and thousands to defend yourself against an arrogant narcissist with deep pockets!

What we can do:

(1) Visit HeidiPowell.com. There's a button on grandma's site, allowing you to tweet directly at this thieving celebrity. Tell her what you think of her. Please no threats. Please no profanity. Remember, we want domain owner rights to be respected and honored. Making threats or using profanity would only give people an excuse to dismiss us. Be professional. But be angry!

(2) Visit the celeb's website:

http://heidipowell.net/contact-me/

Tell her what you think. Again, be polite but firm.

(3) Grandma has a GoFundMe campaign:

https://www.gofundme.com/grandma-bullied-sued-for-her-name

Please leave a comment showing your support. I'm not asking anybody to contribute money. But if you can spare something small – even $1 – it might help show that Mrs. Powell is not alone ... that even total strangers are willing to back an underdog against a bully. If you don't want to donate, that's completely fine. Just leave a comment there. This thieving celeb needs to understand that her reputation is going to suffer if she persists in persecuting Mrs. Powell ... that she will be punching a cactus.

(4) Let's put pressure on ABC, since they created this monster. Maybe if they encounter some bad publicity themselves, they will in turn put pressure on the celebrity usurper to cease and desist:

https://twitter.com/ABCNetwork

Tell ABC what you think. Tell them they ought to be ashamed of themselves for letting Heidi Powell bully a grandmother and steal her property. Be sure to reference Heidi Powell specifically; otherwise ABC won't have a clue what we're talking about.

(5) We all have domainer acquaintances. Please send 3 people a link to this NamePros thread. There's strength in numbers.

(6) Once you've helped out, brag about it! Let other domainers here know that you give a damn. Post a reply in this thread so we can keep it visible. Positive peer pressure, folks! Let's show the world that domainers aren't parasitic cybersquatters. We stand up for property rights.

 

[jberryhill]

The gambling thing is probably misunderstood by people who don't live in Washington.

Las Vegas is not in Washington...

http://ia801508.us.archive.org/9/items/gov.uscourts.wawd.191447/gov.uscourts.wawd.191447.9.0.pdf

True or false, that's nothing to do with domain owner rights. And none of anybody's business here, I should think.

On the first point, I already said it has nothing to do with who is entitled to the domain name. On the second point, however, yes, we paid for the debt since it was to the US Dept. of Education. We paid for that brief, too, which was ultimately unsuccessful.

Here's how I see this case, John.

I know how you see the case. I see it the same way. There is often more than one way to see things, even if one disagrees with the other perspective. But no matter how you slice it, if I go into bankruptcy and someone wants to pay the estate $10,000 for a pair of my old socks, that might be many things, but it isn't a "bribe".

 

[Keith]

But no matter how you slice it, if I go into bankruptcy and someone wants to pay the estate $10,000 for a pair of my old socks, that might be many things, but it isn't a "bribe".

I guess the question is, why aren't they offering $10k for the $2 bag of chips you own? Assets are assets...

It's clear in this case that the fitness person is trying to "legally" steal what isn't hers. I think we should back the real Heidi so she can go after the .net

 

[Silentptnr]

Last i checked HeidiPoweII.com is available.

Just have to use two capital i's at the end.

 

[Silentptnr]

Las Vegas is not in Washington...

http://ia801508.us.archive.org/9/items/gov.uscourts.wawd.191447/gov.uscourts.wawd.191447.9.0.pdf



On the first point, I already said it has nothing to do with who is entitled to the domain name. On the second point, however, yes, we paid for the debt since it was to the US Dept. of Education. We paid for that brief, too, which was ultimately unsuccessful.



I know how you see the case. I see it the same way. There is often more than one way to see things, even if one disagrees with the other perspective. But no matter how you slice it, if I go into bankruptcy and someone wants to pay the estate $10,000 for a pair of my old socks, that might be many things, but it isn't a "bribe".

Ahh, you're an ip atty. Now I understand your clear grasp of the legal aspects of the matter. Cheers.

Youre a good friend to have.

 

[DU]

If Heidi Powell wants to ask $10 or $1 million, she's entitled. If the fitness thief pays the ask then we've established value. No other way to go about putting a number on it.

You can make a reasoned estimate. Paintings and antiquities have a reserve and often sell well above appraisal so anywhere in that range could be considered sufficient if not entirely accurate (see Baron example where estimates were considered egregiously incorrect).

One could argue that the valuation in this case should consider not just generic "Powell" names but factor in people that are famous that share that exact name who might want to buy said name for $10,000.

.... but then the Trustee might not want to get into peddling names that the sale of which would put them at risk of a suit itself as a non-generic. It's now selling to a TM holder at an extortionate (using this word deliberately) value. It's a curious case - the name has value due to a TM holder desiring the name but if you offer to sell the name then it is being used in bad faith by the Trustee... so it's Heisenberg domain -. simultaneously worthless when owned by one Powell (and thus Trustee) despite being coveted by another Powell (not knowing if she had interest at the time but she was known already).

I too can agree and concur with the results without agreeing the path and opinion taken to get there.

 

[Silentptnr]

I wish i owned the domain and fitness trainer wanted it. It would be fun.

 

[jberryhill]

Yes, I've considered that. But any expert is bound to have some perspective on ethics as well as facts.

One of the rules of claiming bias is that the person in question doesn't get a say in it.

My all time favorite exchange at a WIPO seminar one time was when a UDRP panelist was asked whether representing complainants on a regular basis was a good idea for UDRP panelists, because it might suggest biased, and the panelist said, "I don't think I'm biased." No one does.

 

[bombgeek]

Hey guys...

James Garrison here... I own jamesgarrison.com (took me years to get) and I participate in the domain industry. Why does that matter here? Well I was also on season one of the show Heidi and Chris Powell are supposedly famous for, Extreme Makeover Weight Loss.

I will say this, if you google me and my experience on the show. You can see what kind of people the Powells actually are. That aside, we are all domainers, and we need to help those in need because before you know it... Its our domains that are going to be taken. At first they came for her, I did not speak up....

These Powells are probably some of the worst individuals I have ever met in my entire life. I don't know grandma powell, but I do know she paid her registration fee just like us. Thats all that matters to me.

 

[Slanted]

One of the rules of claiming bias is that the person in question doesn't get a say in it.

My all time favorite exchange ... the panelist said, "I don't think I'm biased." No one does.

When did I ever say, "I'm not biased because I believe I'm objective"? No, I said the question of bias is an irrelevant ad hominem because my claims (about the market value of HeidiPowell.com) are based on hard numbers, citing verifiable sources such as U.S. census data, using a methodology any layperson can reproduce. Apart from compiling those statistics, whatever opinion I publicly utter regarding the case is immaterial.

You're a lawyer, John, accustomed to dealing with bias in interpretive decisions, which are partly inscrutable. I'm not a lawyer; I'm an engineer. Any claim of bias, where a numerical study is concerned, must be based on unsound methodology – not on expressions of my personal views. To the extent that lawyers use the evidence I assembled, they aren't examining me; they're examining facts within their own power to validate or refute.

 

[Michael Ehrhardt]

The best posting on NP ️

Thank you

 

[Cristi Marin]

That's such a despicable and low low character this "celebrity" has embraced.

These type of despotic people need to learn a lesson and to acknowledge
that the voice of many based on principles and truth is stronger when facing an injustice!

Mrs. Powell has my full support!

Thank you for sharing this story with us @Slanted!
Respect.

 

[carob]

I will say this, if you google me and my experience on the show. You can see what kind of people the Powells actually are.

http://www.dietsinreview.com/diet_c...akeover-weight-loss-treatment-of-contestants/

I googled it and that is eye-opening, thanks for posting that.

 

[Michael Ehrhardt]

Share every day...

 

[Silentptnr]

Hey guys...

James Garrison here... I own jamesgarrison.com (took me years to get) and I participate in the domain industry. Why does that matter here? Well I was also on season one of the show Heidi and Chris Powell are supposedly famous for, Extreme Makeover Weight Loss.

I will say this, if you google me and my experience on the show. You can see what kind of people the Powells actually are. That aside, we are all domainers, and we need to help those in need because before you know it... Its our domains that are going to be taken. At first they came for her, I did not speak up....

These Powells are probably some of the worst individuals I have ever met in my entire life. I don't know grandma powell, but I do know she paid her registration fee just like us. Thats all that matters to me.

Proud of you man.

 

[Keith]

When did I ever say, "I'm not biased because I believe I'm objective"? No, I said the question of bias is an irrelevant ad hominem because my claims (about the market value of HeidiPowell.com) are based on hard numbers, citing verifiable sources such as U.S. census data, using a methodology any layperson can reproduce.

No such thing as "hard numbers" as it pertains to domains. I can't even believe they would allow a guessing game to happen in a court of law.

It's not up to anyone but the individual domain owner to determine worth. If I own nowayyoucantellmewhatmydomainisworth.com and won't accept offers less than $50k, that's how I value it. It's irrelevant if you only think it's worth $1 because you can't possibly know why I value it the way I do. Market comps, not that they exist, do not apply.

 

[DU]

No such thing as "hard numbers" as it pertains to domains. I can't even believe they would allow a guessing game to happen in a court of law.

It's not up to anyone but the individual domain owner to determine worth. If I own nowayyoucantellmewhatmydomainisworth.com and won't accept offers less than $50k, that's how I value it. It's irrelevant if you only think it's worth $1 because you can't possibly know why I value it the way I do. Market comps, not that they exist, do not apply.

So... using your logic... if I file for bankruptcy and I have an 1983 Corvette I could argue that I wouldn't sell it because it's worth at least $10,000,000 and it alone settles my debts.

But it's not the asset owner that dictates the value - it's based on principal of Fair Market Value.

“price which a willing seller under no compulsion to sell and a willing buyer under no compulsion to buy would agree after the property has been exposed to the market for a reasonable amount of time.”

This is not exact and with non-tangibles and other assets it's harder to establish than physical assets.... but that's why you have people like @Slanted with market experience and knowledge to help establish the value in a professional way that is approaching the problem from an unbiased point of view. I'm sure that under most circumstances both sides will feel aggrieved.

The creditor ultimately based on what monies can actually be exchanged - no way they will get $50K for nowayyoucantellmewhatmydomainisworth.com. FVM is not based on hopes and dreams but reality.

Similarly - Gold/Bitcoin will be based on prevailing rates and not on speculative hopes of the indebted investor.

 

[Silentptnr]

Probably would be a bidding period to establish value. That would be based on what a buyer would actually pay.

Might be a good idea for Namejet....Bankruptcy Domains

Wait...I just regged it. BankruptcyDomains.com

 

[Keith]

So... using your logic... if I file for bankruptcy and I have an 1983 Corvette I could argue that I wouldn't sell it because it's worth at least $10,000,000 and it alone settles my debts.

But it's not the asset owner that dictates the value - it's based on principal of Fair Market Value.

“price which a willing seller under no compulsion to sell and a willing buyer under no compulsion to buy would agree after the property has been exposed to the market for a reasonable amount of time.”

This is not exact and with non-tangibles and other assets it's harder to establish than physical assets.... but that's why you have people like @Slanted with market experience and knowledge to help establish the value in a professional way that is approaching the problem from an unbiased point of view. I'm sure that under most circumstances both sides will feel aggrieved.

The creditor ultimately based on what monies can actually be exchanged - no way they will get $50K for nowayyoucantellmewhatmydomainisworth.com. FVM is not based on hopes and dreams but reality.

Similarly - Gold/Bitcoin will be based on prevailing rates and not on speculative hopes of the indebted investor.

You can't compare domains to cars. Cars have a comparable sales history to use as a valuation tool. Domains do not have comps since each one is unique. That's why you can ask whatever you want when approached by a potential buyer.

 

[DU]

You can't compare domains to cars. Cars have a comparable sales history to use as a valuation tool. Domains do not have comps since each one is unique. That's why you can ask whatever you want when approached by a potential buyer.

Your success depends on your ability, in the main,to understand the spread coming in and out of a transaction. If you don't understand the spread you're doing nothing more than operating in a market on luck - and I doubt you are doing that.

 

[Keith]

Your success depends on your ability, in the main,to understand the spread coming in and out of a transaction. If you don't understand the spread you're doing nothing more than operating in a market on luck - and I doubt you are doing that.

You need to acquire at a price you believe is less than you can sell for, if you're goal is to sell. Not all domains are purchased with intent to sell later for a profit.

In this case the intent wasn't to sell for profit. Since it's the only heidipowell.com in the world, owned by Heidi Powell, it's impossible for an outsider to put a value on it. You can say all you want that lots of first/last names are available to register and use that as a gauge to price one that is registered. But you saying it's worth $10 based on availability of other domains is absurd. If this is how the game is played, let's offer to buy heidipowell.net for $1000 and see if she sells. I highly doubt she'd even respond.

 

[DU]

In this case the intent wasn't to sell for profit.

Once it becomes part of a bankruptcy case then the intent is to sell it for recovery - i.e. FMV applies. It's no longer the registrants valuation that matters. Sentimentality isn't a factor.

Otherwise there would be no difference when it came to antiquities - how much are Lawren Harris paintings worth these days? After all, it's probably just a few hundred dollars worth of oil and board.

 

[DU]

Again- with FMV - that's why you ask independent people like @Slanted the value and not Grandma Powell or Heidi Powell....

I'm sure anyone involved are free to challenge the expertise he provides but it will be hard given that he did a pretty solid job of evaluating comparables and even considering census factors (though missing the fame of the other HP who apparently isn't that famous).

 

[disaac81]

No such thing as a celebrity...I mean really...do we actually celebrate these people?

I know I don't.

 

[Keith]

Once it becomes part of a bankruptcy case then the intent is to sell it for recovery - i.e. FMV applies. It's no longer the registrants valuation that matters. Sentimentality isn't a factor.

Otherwise there would be no difference when it came to antiquities - how much are Lawren Harris paintings worth these days? After all, it's probably just a few hundred dollars worth of oil and board.

Well the determination needs to be made as to if the domain is an asset. If the "expert" says it's worth $10 and should be claimed, why isn't the steak in the freezer listed as an asset?

This is a case of an outsider using the court system to steal.

 

[DU]

Well the determination needs to be made as to if the domain is an asset. If the "expert" says it's worth $10 and should be claimed, why isn't the steak in the freezer listed as an asset?

This is a case of an outsider using the court system to steal.

It's your responsibility and not a valuation expert to list all of your assets on the correct schedule.

I believe the work that JP did was after the fact, after the case was re-opened in defense of Heidi Powell to explain the domain had no real value. Had Granny already received an offer for $10,000 and turned that down; I would think it be very much of interest to a Trustee that this was not listed.

I think your and everyone's opinion would change if the name was HxP.com, as an example for Heidi X Powell. Then it should have been listed, right? That's clearly worth $10,000 (how can we determine that? using comps and hard numbers ). The important part is that Creditors are entitled to recoup as much of the debt as they legally can and debtors are allowed to relieve themselves of the burden of the remaining debt (assuming that everything was done above board).

I would argue that this is a case of a Trustee determining whether an asset should have been listed and whether the creditor is entitled to the market value. I believe that this yielded $2,500 to the creditor. It's certainly not a case of stealing.

How this whole motion started with the re-opening could easily be regarded as underhanded and I on that I would probably agree.