GoDaddy is gone Nuts

[Michael Ehrhardt]

I just tried to list nexusm.com for Godaddy Auction

Than I got email I can’t list the domain because of Trademark issues

I BOUGHT THE DOMAIN AT GODADDY AUCTION

so what is wrong on this

Btw the term nexus has more than 400
Google got there In 2010
Domain was registered 2006

 

[Michael Ehrhardt]

We've been working hard to eliminate TM inventory from our systems, I don't believe that's a nutty approach to running a marketplace.

@Paul Nicks @Joe Styler

Let me ask very simple question

I just tied to list ā.com ( xn—yda.com ) but I can’t
I thought this is a IDN problem

BUT I found this

So how is it that I can’t list but someone can

Sorry but this is not professional

 

[3sixty]

I'm curious, there are no trademarks for Nexusm.

Trademarks are a funny old game. It is increasingly becoming a barter of linguistics versus the abuse of corporates. In the end the dollar is mightier than the pen.

 

[Michael Ehrhardt]

I'm curious, there are no trademarks for Nexusm.

Trademarks are a funny old game. It is increasingly becoming a barter of linguistics versus the abuse of corporates. In the end the dollar is mightier than the pen.

I don't like the way things are going, which is why as a brand guy I learnt not to upon my mouth all the way unless I'm being paid.

It’s about Nexus ( Google phones ) I bet

They got a tm in 2010
Nexusm is reg 2006

But they are well known... they rule the

 

[3sixty]

I like the name. It doesn't make me think of Nexus. I do not think there would be any infringement with an trademark application if any company were to create a business on it, so quite why the domain is an issue I am unsure.

You can protect your ideas at Copyrighted.com, it will just give a public record of its earliest conception.

Back to Nexusm, Any difference between this and Appley, Applet or Appler? All three have active trademarks from independent companies, none from Apple. None of the .com owned by Apple either.

I think GoDaddy have made a mistake on this one.

 

[Michael Ehrhardt]

Nexusm was a huge company in Canada ( mobile industry ) and sold to Asia

Nexus is generic - it means connection
M stands for multi media music mobile and more

 

[3sixty]

Then for me, the problem is if it is M or m. Nexusm as a brandable word is fine.

Capital M will cause more problems. For one, you would have a problem with Google Nexus and it's brand architecture. They have had the Nexus Q before, then there are the Nexus 5, 5X, 6, 6P phones for example. They may launch an Nexus M. So if you were a telecom carrier in Sri Lanka called Nexus M you will probably have issues. If you are called Nexusm you should not.

But this will come down to the end user and how they apply the domain. If theres an infringement on their usage then it is up to Google to enforce it.

So again, no problem with the domain to me.

 

[Michael Ehrhardt]

I thought a bout the same

Nexus m is a great product name

 

[MR Harrist]

personally I think G Daddy already do the right things! I.e play safe! even there is no trademark! but what if Big G trying to sue because of TM< if I were google, for sure I will not hit, the little one! I will hunt the Big one!

this is just my 5 cents, I could be wrong though!

 

[Michael Ehrhardt]

personally I think G Daddy already do the right things! I.e play safe! even there is no trademark! but what if Big G trying to sue because of TM< if I were google, for sure I will not hit, the little one! I will hunt the Big one!

this is just my 5 cents, I could be wrong though!

Google tm 2010
Nexusm reg 2006 ️

 

[MR Harrist]

but you said you buy from auction,
why not ask JOe, and PM him, maybe he could give better explanation

 

[Michael Ehrhardt]

but you said you buy from auction,
why not ask JOe, and PM him, maybe he could give better explanation

I asked the auction team
No feedback ️

 

[Shimmy]

The only domain I ever had Godaddy say I could not list was a 7 word domain with the word Nexus in it and there was no M in it.

 

[Joe Styler]

Show attachment 87316
@Paul Nicks @Joe Styler

Let me ask very simple question

I just tied to list ā.com ( xn—yda.com ) but I can’t
I thought this is a IDN problem

BUT I found this

So how is it that I can’t list but someone can

Sorry but this is not professional

It is not exactly apples to apples here an IDN that looks like a single character .com is different from an emoji.ws. We do not allow single character IDN .com domains because we feel the potential for confusion on them is too great and they may trick the buyer into thinking they have purchased a single character .com. There are other marketplaces you can use to list names like that we do not allow it.

 

[Joe Styler]

I asked the auction team
No feedback ️

If the domain is flagged as a trademark and then you complain there is a manual review. If the legal team says no that is it, it is a no. While I completely understand and sympathize with your argument and agree that TM law can be confusing and maybe we are acting more safely than you might want us to, that is the decision. I'm not a lawyer and can't give you any legal advice, our legal team makes the final decisions on TM terms. They are pretty understanding overall.
Yes we do allow you to register domains you cannot sell. There's various reasons for this. Maybe you own the TM or a related mark etc. Maybe you don't in which case you can be liable for it. If we let you list a known trademark we're also on the hook for allowing it for sale.

 

[Vimal Kumar]

We've been working hard to eliminate TM inventory from our systems, I don't believe that's a nutty approach to running a marketplace.

@Paul Nicks. If that is the case and a TM domain has slipped by in the listing and bought by a customer, would you not refund the amount to him/ her due to the lapse from GD ( an of course, take the domain back). Here, the newbie customer might not even be aware TM issues.

 

[Vimal Kumar]

If the domain is flagged as a trademark and then you complain there is a manual review. If the legal team says no that is it, it is a no. While I completely understand and sympathize with your argument and agree that TM law can be confusing and maybe we are acting more safely than you might want us to, that is the decision. I'm not a lawyer and can't give you any legal advice, our legal team makes the final decisions on TM terms. They are pretty understanding overall.
Yes we do allow you to register domains you cannot sell. There's various reasons for this. Maybe you own the TM or a related mark etc. Maybe you don't in which case you can be liable for it. If we let you list a known trademark we're also on the hook for allowing it for sale.

Hi @Joe Styler. So are you saying that GD does not have the technical knowhow ( or is it budget?) to cascade/ implement the 'TM domain restriction' tool in 'Registration' and 'Auction purchase' phase?

 

[Joe Styler]

@Paul Nicks. If that is the case and a TM domain has slipped by in the listing and bought by a customer, would you not refund the amount to him/ her due to the lapse from GD ( an of course, take the domain back). Here, the newbie customer might not even be aware TM issues.

No we do not refund buyers. It is up to you to decide what domain you want to buy and make your own legal decisions regarding any marks that may or may not be present in the domain.

 

[Acroplex]

No we do not refund buyers. It is up to you to decide what domain you want to buy and make your own legal decisions regarding any marks that may or may not be present in the domain.

Then why block any potential mark at all? I mean, let the buyers get burned, and the sellers to perpetuate the chain of hard lesson-learning.

And thanks for using the keyword "manual" in reviewing the case. That's the keyword that should be used in the automated GoDaddy appraisals; they don't deliver realistic numbers.

 

[Joe Styler]

Hi @Joe Styler. So are you saying that GD does not have the technical knowhow ( or is it budget?) to cascade/ implement the 'TM domain restriction' tool in 'Registration' and 'Auction purchase' phase?

We do use trademark tools and human intervention to restrict the listing and sale of names that contain trademarks. I believe you are mistaken in our services and responsibilities as laid out in the terms of service etc.
We are not a company that exists to determine the rights of a user for a given domain name. We are not a court or legal entity. We provide registration services. It is up to the buyer to determine if they have rights to register a given domain or not.

 

[Acroplex]

So in this case, was "Nexus" a word that was entered to be blocked from auctions by whichever company claims rights to the mark?

Because it's not a famous mark, such as Nike, or Facebook, or IBM.