Labeled as debate in Legal Discussion, started by mani0307, Sep 8, 2021
Give them what they want, say sorry
Don't give them free of cost cause you legally purchase that domain and if they raise complain against you then they need to pay $1500usd fees to take these domain.
trademark holder need to justify 3 point to take any domain.
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
if they failled even one of this point against you , then they can't take your domain.
https://www.udrpsearch.com/naf/1780755 read about this case where wkpdia failled to prove this point and the domain remains its owner .
if you justify above point in your favour then no one can take your domain.
Best of luck.
I've just looked on their website and it's for registering trademarks using the Madrid protocol to which the countries are party to. So you can still choose which countries you'd liked protection in but you can do it as one application. So slight nuance there I think, you can choose one more many countries and you're not guaranteed worldwide protection but you can have protection in all of those countries subject to each individual one's registration procedures...
That's how I've read it anyway...
I have replied to them: "it's not a TM and i don't know even 'Novi' is a reserved for FB, i buy these domains for my local online business.
Why i Buy NoviCoin in .co?
Because NoviCoin.com was already registered and it's out of my budget so i buy in .co and 'Novi' mean is 'New'.
My business plan:
I'm going to launch a website where i will collect user coin randomly and will give them with new design and style.
If you really want these domains and already i told you i was not aware this was your TM so i can you transfer these domains but you will pay some cost because i have already spend many dollar on this project"
To what email address did you reply?
huch.....novichok trademark too?
My understanding of this is that FB owns Novi Digital Wallet, they do not own NoviCoin.
NoviCoin was founded by Brown Williams from Australia, and still owns it today and just launched CryptoMerica.exchange.
Furthermore, FB only recently officially changed the name to Novi Digital Wallet from Digital Diem, and that was just announced August, 25. Before that, it was a work in progress project called Novi, but it wasn't official.
Someone correct me if I'm wrong on this, as I'm just going off memory and maybe things have changed.
Drop the domains. Call your registrar and tell them you want to cancel these domains immediately, then let Google know.
Novi-XYZ is not trademarked is all instances, but you somehow picked "coin" which is an obvious infringement on their Novi wallet/financial services.
Interesting, but the term novi with the word coin (industry) would narrow down the category of the site that can be placed on that domain name.
thats a different domain than whats being discussed here
the op said he was not aware of the tm, so in that case he's really not guilty of "bad faith registration" though he could be guilty of bad faith "use," the legal words at wipo is "bad faith registration and use"
Just curious, any update @mani0307 ?
Like anyone believes he just randomly registered Novi Coin.Please.
You could probably make am argument with Novi but Novi Coin is so blatant I'm not even going to take the time to explain again
That's correct. The post to which you were responding is incorrect. The WIPO Madrid system application is just a uniform filing mechanism to establish an initial filing date for a single application which can then be further filed in various trademark offices around the world (if they are signatories to the relevant treaty).
Whoever told you that is a liar.
Facebook, Inc. v. Franz Bauer
Case No. D2010-1247
1. The Parties
The Complainant is Facebook, Inc. of Palo Alto, California, United States of America, represented by Cooley LLP, United States of America.
The Respondent is Franz Bauer of Munich, Germany.
2. The Domain Name and Registrar
The disputed domain name <facebok.com> is registered with EuroDNS S.A.
Maybe but I did do a check via Whois and it does show in the history at some point someone did own it prior to Facebook. This is why I believed the story.
never look into it much further than that.
never saw the check either. My friend did come into some life changing money. So no reason to doubt based on those two things. Plus it’s a specific pretty random a thing to say how he suddenly got money.
also not really exactly sure those were the exact domains all I know it was three domains with missing letters or typos.
also this was before Facebook started legally going after typosquatters.
thanks for the info though.
They emailed me: "Thank you for agreeing to transfer the domain name novicoin.co.
To effectuate the transfer, a member of our registrar team will contact you to coordinate the transfer of novicoin.co and provide you with the transfer requirements.
Once again, thank you for complying with our request."
And my replied: Who is telling you that i'm transfering these domains to you free of cost and i have already told you these not FB TM if you want these domains just pay like other startups pays to seller of their products.
You still haven't answered this question.
They do not want to steal your domains, you stole their domains to make a quick $ from copyrighted names.
The way I read it, they want to buy the domain from OP and killing his negotiating acumen by hinting a legal threat. If they had a strong legal case they could have just approached the registrar through the overpaid lawyers and got the job done immediately without caring for a response from the owner. In a way, the registrar is charging annual fee for the domain and is the one actually profiting from its abuse.
For arguments sake, lets say OP decides to troll FB in return by registering their own trademark in a different category than what FB has in the respective WIPO jurisdictions. In that case FB lawyers would be forced to contest that trademark within that category where OP might have an advantage.
Of course, all this is assuming that OP has indeed validated the claims to be originating from FB's authorized representatives and not some shill law firms looking for easy money from FB later.
I have a gut feeling this isn't going to end well...
They are now silent.
Separate names with a comma.