events I AM LAMBO

[lambo.com]

Hello frens,

I AM LAMBO of LAMBO.com and I will defend, defeat and humiliate those endeavouring to steal any of my domain name brands - including my moniker.

We have stood by in meek positioning watching poor decisions, one after another, rendered typically by "SOLE PANELISTS" - albeit with exceptions and inconsistency.

Digital assets stripped from legal holders and registrants who immediately (apparently), default to defensive posturing against Reverse Domain Name Hijackers (RDNH).

The injustice propagated against domain investors, speculators and BUILDERS - will not continue as it has.

In my case, a car company called "Automobili Lamborghini S.p.A." is attempting THEFT of my asset, nomenclature and taxonomy they possess ZERO rights to.

https://www.udrpsearch.com/wipo/d2022-1570

Counter measures to humiliate such endeavours are afoot. Unlawful theft will be duly punished through legal and commensurate counter efforts including any coerced and submissive accomplices.

Humiliation is inevitable should they desire METAWAR, even as the car company, NISSAN, found out with NISSAN.com
https://web.archive.org/web/20200131113518/https://www.nissan.com/

This is enough for now, I will continue to update as necessary.

In the meanwhile, you can add me on lichess (@lamboDOTcom).

We will save our industry from the filth that seeks to dismember it's legitimacy.

Thank you for time and God Bless. May the VRIL be with you.

 

[bmugford]

You would really have to go out of your way to make this an infringement issue.

Outside of just being a good memorable term, there are actually people with the name -
https://en.wikipedia.org/wiki/Josh_Lambo

LinkedIn shows 1400+ people with the last name alone.

Absent any clear bad faith, this is a RDNH attempt at face value.

Brad

 

[kite26]

"Lambo" in Greek means "shine", from the Greek verb "λάμπω". "Λάμψη" means "shine" (noun).

 

[trelgor]

First page Sweden. "Lambo" is a dance.

 

[bmugford]

I have this question please. Once a domain owner wins a UDRP complaints filed against him, can another business file a UDRP against him or the earlier ruling binding on all other complaints that might arise in the future?

Say @lambo.com wins this suit against Lamborghini, can any other company also file a suit on the same domain again?

You are not immune from other parties filing a UDRP for the same domain, in fact there have been some cases were the same party filed another UDRP for the same domain.

Something generally has to change materially for a panel to entertain a second dispute.

There needs to be an initial bar to clear to even make it to a panel. There also needs to be some penalties for filing egregious disputes. IMO.

Brad

 

[Future Sensors]

In spite of no particulars as to the exceptional circumstances that extended the due date two weeks to July 28, 2022, this day has concluded in Europe with no Decision or communication.

That in itself is a very exceptional fact.

 

[bmugford]

In spite of no particulars as to the exceptional circumstances that extended the due date two weeks to July 28, 2022, this day has concluded in Europe with no Decision or communication.

WTF. They better be looking at the RDNH part.

The actual dispute part is nonsense.

Brad

 

[branding]

I guess so. It is not something I have really seen before.

Then again, they should have rejected the additional filing made by Lamborghini after the dispute.

You make your case, the other party responds.
UDRP is not a back and forth process.

Brad

Thanks. Something tells me the final findings of the panel will get a fair amount of media coverage in the domain investment industry.

Good luck @lambo.com , I'm sure their decision will find it's way to your mailbox any day now!

 

[jberryhill]

Out of curiousity, if defendant decides to take this to court, do you think his decision to refrain from using legal council on the UDRP may have a negative impact on seeking legal recourse in court?

Okay, this gets a little complicated, but the first question is "which court"?

The UDRP decision will not be implemented for ten days from notification, to permit the domain registrant to file a court case in the "Mutual Jurisdiction".

The "Mutual Jurisdiction" is determined by the selection of the complainant when the dispute was filed to be the jurisdiction of the registrant, or the jurisdiction of the registrar.

There are some things that haven't been tested, such as what happens when the initial registrant was a privacy service, and the revealed registrant is somewhere else.

But to simplify this a bit. The registrar is in the US. A US court doesn't care what happened in the UDRP or how the decision was made. If an action is pursued in the US, what one is seeking to determine is "whether the registration is lawful" under the applicable law. UDRP 4(k) specifically states it is an "independent determination". The way this has shaken out in US courts it that the appropriate action is to seek a judgment about whether the domain registration is lawful under applicable US trademark law.

Now, if an action were filed in, say, the UK, then there are some foundational problems. There has been at least one decision of a UK court to the effect that UK courts do not have jurisdiction to reverse, consider, or otherwise resolve a dispute which has originally arisen under the UDRP. I am not a UK lawyer, but that is what I am told by lawyers who practice in the UK and in Australia. Canada, for whatever reason, is fine with it.

In post-UDRP litigation, obviously the UDRP winner wants the UDRP decision to be persuasive, and obviously the UDRP loser would prefer the court not put any weight on the outcome. But, like anything, a court is entitled to make whatever of the UDRP proceeding it chooses to. For example, if a party had submitted forged documents or engaged in other interesting behavior in the UDRP, then that might illuminate what the court makes of the overall issue of bad faith under applicable law. So, it kind of depends on "what the UDRP proceeding is being used for".

Counsel may or may not have helped change the outcome, though. Counsel can present the facts and the law in a way that makes sense to the kinds of people who are going to be making the decision, but Counsel can't change the facts. So if there was no evidence of this nickname prior to the domain name registration, then the domain registrant is starting out with a problem in using that as a defense.

 

[bmugford]

No, it is about whatever the intent of the domain registrant may have been, and what their use of the domain name has been.

I am sorry, but the term "Lambo" has many people using the term for nothing to do with the car company. It is not even deniable.

The strength of this trademark would clearly come into play. It is also undeniable that the car company does not have exclusive use of this term for every potential use.

Proving another company does not have exclusive use to a term is certainly a viable defense when it comes to trademark infringement claims, especially when they are not relying on any actual evidence of infringement.

The case you provided is directly turning "Lambo" into a trademark issue. It would be like me making faucets with "Delta" on them. It basically involves making counterfeit goods.

Those actions are just far more egregious in practice, and again in common sense.

Brad

 

[jhm]

Yes, it could.

ROLLS:

Show attachment 221771

JAG:

Show attachment 221773


I think you are right. This is very much like that.

Two more examples of a consumer generated mark being adopted by the party thereby identified in the market.

I respect your point of view in the legal department, but it does become silly. Where does it end? Microsoft taking issue with "micro" or "micro-computer" (Micro-Computer Software), or Nintendo taking issue with "Mario" (Mario being a name, Lambo being name, even if we know Mario to be their number one / best selling gaming character). Its pretty despicable, IMO

 

[Keith]

Yes. There is a case pending in Arizona. Lamborghini has filed a motion to dismiss, and it is one of the dumbest arguments I've seen in a long time. They are certain to lose that motion.

Docket here:

https://www.courtlistener.com/docket/64919795/blair-v-automobili-lamborghini-spa/

I post updates to this thread:

https://www.namepros.com/threads/la...nt-files-lawsuit-against-lamborghini.1281970/

Just fyi, @jberryhill is the most valuable member in this community. Each post is exact and spot on!

 

[Bob Hawkes]

You have been calling yourself Lambo here for as long as I can recall so its also a nickname of yours.

I think this is an important point, as one thing UDRP always consider is whether the person or company uses or goes by that name. As mentioned, for years you have used the name on this platform, and that is easily documented and obviously well before any claim. In fact, I , and I presume many other here, only know you by this name, not a full name or another nickname or anything else. With NamePros being a one million member online community, surely that should carry some weight.

The apparent lack of an active registered TM for this word by the auto company, and the TM they did have not predating the registration of this name, along with other uses for term lambo, including as a last name in some regions, seem to make this a tough case for them to win.

I hope that you opt for a panel, as some single person cases of late seem in error. There is a better chance of things not being slanted or overlooked in 3-person panel.

Bob

 

[bmugford]

Lambo is used everywhere.

https://www.lambo-koffie.nl/

Show attachment 217830

Yes, their entire case boils down to nothing more than an overwhelming sense of entitlement.

They can't point to any actual bad faith, but just generic arguments that have already been shot down in other UDRP.

All they have are specious claims.

It is quite an embarrassing filing considering they likely have a large team of well compensated legal staff that should know better.

Brad

 

[lambo.com]

It says its still active so no decision yet.

I must submit any preference for a presiding panel member from a list of five provided.

None are from the three the Complainant and myself had nominated on earlier lists. One from each has already been selected.

The five as follows:

A / B / C / D / E

I now need to put the five in preferential order. At that point it shouldn't be much longer for decision to be rendered.

 

[DomainNature]

The complainant is targeting the COM TLD they are not interested in NET, ORG, IO, CO or XYZ. If you check them they are for sale, some work as redirect.
This is a case of where a big company say 'we want COM and we will do everything we can to take it for free' simple as that.

 

[jberryhill]

https://www.wipo.int/amc/en/domains/search/case.jsp?case_id=58326

The decision itself is not yet posted.

Harris is famous for "deducing" bad faith from the asking price, which is unfortunate. It may have taken a long time to get to a decision on this one simply because, strictly speaking, a credible "nickname" defense should have been sufficient. The majority likely came up with a rationale for suspicion of that defense. However, the way the "commonly known as" defense is stated in the UDRP should be an absolute defense.

Of course, we don't know what was in the Complaint or the Response, or what other materials the panel may have considered.

But, tough result for our friend here.

 

[J.R.]

Hate to see a transfer like this against a registrant. In a case of this magnitude, it would have been better to secure the services of a UDRP lawyer. Hopefully, the respondent appeals to the Courts using the dissent as the basis for a defense.

Lambo.com is worth fighting for, but hire a UDRP legal expert while you still have time to save your legal rights.

Make them pay you market value for Lambo.com in the long term, don't accept this UDRP decision.

 

[Mize]

No, it is about whatever the intent of the domain registrant may have been, and what their use of the domain name has been.

In general for intent, where is the weakness in the following?

For any domain purchased as an investment:
Domain is for sale. (to anyone whether they have a trademark or not for the term)
Trademark is irrelevant unless it is being infringed upon.

The question that needs to be answered is:
Is it reasonable to believe that the domain has value to more than one party or to anyone who would want to infringe on that one party (for example a competitor)?

 

[jberryhill]

Did the lambo domain owner appeal that ruling?

Yes. There is a case pending in Arizona. Lamborghini has filed a motion to dismiss, and it is one of the dumbest arguments I've seen in a long time. They are certain to lose that motion.

Docket here:

https://www.courtlistener.com/docket/64919795/blair-v-automobili-lamborghini-spa/

I post updates to this thread:

https://www.namepros.com/threads/la...nt-files-lawsuit-against-lamborghini.1281970/

 

[jberryhill]

@silentg there is a separate thread for the litigation: https://www.namepros.com/threads/la...nt-files-lawsuit-against-lamborghini.1281970/

 

[ALBROKER]

The letter states, "Complainant (Lamborghini) owns trademarks in the USA..."

However, they no longer own "Lambo" as it expired in 2017.

So, Lamborghini owns trademarks in the USA - just not "Lambo". Fracking idiots.

Show attachment 215557

And the domain name registration date
Lambo.com
Created March/2000
Before the filing date of lambo trademark in 2007 which also cancelled in 2017

 

[Kenny]

I don't think I've ever heard someone that actually owns a Lamborghini (and I've known / met a few) call their car a "Lambo".
A very long time ago I had a guy at the Rainbow Room correct me when I said, "Nice Lambo", and he said, "It's a Lamborghini."
I personally have never seen an ad sponsored by Lamborghini calling their car a "Lambo".
Certainly, a Lamborghini car salesman would never call it as such.

It diminishes the brand.

Peace,
Kenny

 

[Future Sensors]

Lambo is used everywhere.

https://www.lambo-koffie.nl/

 

[bmugford]

Some more -

https://www.lambo.cl/

Lambo Chile is an electronic commerce web platform where you can make your purchases easily and safely. Home Accessories, Fashion, Appliances, Decoration, Lighting, Computers, Appliances and much more!

https://www.lambo.it/

For more than 30 years Lambo Srl has specialized in the cultivation and marketing of trees and shrubs, among which over 3000 varieties of plants stand out.​

http://www.lambo.gr/

Manufacturer of automated palletizer solutions.

 

[bmugford]

More than 1,500 people on LinkedIn have "Lambo" as their surname.

This dispute is absurd, especially when there is no actual evidence of bad faith.

Brad