Response to Moniker
Dec 18, 2007
Dear Mr. Monte Cahn,
Thanks for sending your note (which copy I am enclosing with this message; NP users, scroll down to see).
You may want to visit Moniker's website: it says, in several of its sections, that "Moniker is the first and only provider of Domain Asset Management":
http://www.moniker.com/pressreleases/moniker-pr-2007-05-16.jsp (dated May 2007)
http://www.moniker.com/pressreleases/moniker-pr-2007-04-11.jsp (dated April 2007)
Consider also these advertisements by or about Moniker in massmedia, with same claims everywhere: it seems they just like to be "the first and only provider of Domain Asset Management":
http://news.websitegear.com/view/22267 (claim from October 2007)
http://news.websitegear.com/view/24463 (claim from October 2007)
http://namemedia.com/?p=45 (claim from September 2007)
http://news.thomasnet.com/companystory/532983 (claim from September 2007)
(As you can see, they published this false claim even in Thomas Register's publication).
http://www.domaininformer.com/news/press/070731Moniker.html (claim from July 2007)
http://findarticles.com/p/articles/mi_m4PRN/is_2007_July_20/ai_n19377842 (claim from July 2007)
There are many more news that can be found with this false claim from Moniker. Also note that they enclose this false statement with about every of their email messages.
Further analyzing Monte's answer. It looks like you try to deceive the audience. Having a trademark for "DOMAIN ASSET MANAGEMENT" does NOT mean being the ONLY Domain Asset Management firm, as your company falsefully claims: since the concept of Domain Asset Management may be expressed in different terms and wordings. There are other domain firms providing same kind of services.
So, what you have is Trademarks, which are in fact REGISTERED WORDINGS THAT ONE WANTS TO USE FOR SOME EXISTING CONCEPTS/GOODS/SERVICES. Other firms provide services similar to Domain Asset Management, under different names. Your company may call them "Domain Asset Management" (DAM) if you want. You LIE to clients when you tell them that you are the only DAM provider. I guess they may need some really big dam against you.
There are some reasons to doubt that you sold domains in those high amounts, like you claim, with so many lies that were discovered. But if even you did, it does not imply that Moniker are the world's biggest domain seller. You cannot say: "Such and such journal publishes SOME domain sales figures, and %50 of them belong to Moniker. This means, Moniker is the world's biggest domain seller with %50 of sales". Maybe (MAYBE) your firm is indeed the world's biggest seller, who knows, BUT you do NOT have %50 of the domain sales market, like you have falsefully claimed.
Now, analyzing Monte's answer more in depth. The fact that some magazine reported that your firm makes %50 of sales does NOT mean that you make %50 in reality -- just because that magazine cannot report all sales made. This is one more false statement in your message.
But, let us suppose that this magazine "reports all sales" and your company have %50 there. In financial terms, this does not mean that your company are the biggest domain seller in the world. Explanation: for example, your firm made 10 sales and "all others" made 10 sales as "reported by DN Journal"; this does NOT imply that the 10 sales made by your company are approximately equal, in financial terms, to the 10 sales made by the others. Your 10 sales could be worth let us say $100K and the other 10 sales made by others could be about $400K, so how does it happen that you have %50 of the domain sales market? Not speaking of the sales not reported by DN Journal.
Some of you gentlemen may be wondering, was I personally somehow "offended" by Moniker? I can tell you the following:
1) One does not need to be somehow personally offended by a company (as you worded it out, "have an acid reflex reaction") in order to reveal their wrongdoings. If a company, whether a well-advertised or not so well advertised, does something wrong, and if one knows about it, it is one's right to reveal it to the public.
2) It is false advertisements that brought Moniker the many clients wanting to sell their domains via Moniker rather than via other sellers. I have to tell you, several other domain selling firms can do that no worse; but Moniker overwhelmed the domain world with their false advertisements and "calculations" of the mythical "%50 share" of the market, similarly to the "calculation" that Monte has provided in his forwarded message below.
If you check Moniker's company company history/background/financial history, you can reveal many interesting things about them.
Alex Tajirian, owner of DomainMart, a renowned domain seller and originator of many domain marketing ideas, points that Moniker is committing two serious errors with regard to Moniker engaging in Domain Asset Management. He says, "Although I am not an attorney, they are defining "Domain Asset Management" as a "service mark" that encompasses all domain name activity, not in the common sense of understanding management of assets. Moreover, he claims Moniker doing business since 1995. Well, that contradicts my claiming that DomainMart was the first online domain secondary market in 1996. However, online records at ttp://web.archive.org/web/*/http://www.moniker.com show that they started in 2001, while DomainMart started in 1996
(http://web.archive.org/web/*/http://www.domainmart.com)."
From my side, I noticed that Monte has manually entered changes into the copy of my original email, which you forwarded with your message. This appears to be an intentional distortion, and an apparent lie on Monte's side, since I addressed Mr. Stephen Douglas (the one who forwarded my message to you) personally, namely "Hi Steve" and not just "Hi". I am not sending spam and I addressed each other party, to whom I sent my messages, personally, by their first or last name, in order to warn them about your company poor reputation. In fact I am copying my response to you to those parties. Monte, you attempted to distort my original message in order to falsefully claim that I have been sending spam.
Thanks for your attention to this matter, gentlemen.
Rebecca Rowling
I am enclosing Monte's message below, with full headers and his IP address:
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Subject: FW: Beware: false advertisement by Moniker (a.k.a. Domain Systems)
Date: Mon, 5 Nov 2007 09:44:02 -0500
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From: "Monte Cahn" <[email protected]>
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Ms. Rowling:
I have received several copies of your message below that you have sent to our customers and associates in our industry. I want to bring to your attention our Trademark on the words Domain Asset Management and alert you of the fact that we did invent and were the first to use these words and provide domain asset like services since 1995.
We will reserve our rights and take appropriate actions should you continue to solicit and spam our customers about your false claims.
Our legal department has been notified.
You can verify our domain sales status by going to http://dnjournal.com/ytd-sales-charts.htm which tracks total sales of domains year to date of which we are responsible for 50% of the top 100 sales reported to date, which is more than ANY other company.
Copy of Trademark below:
Mark Image
Word Mark DOMAIN ASSET MANAGEMENT
Goods and Services IC 035. US 100 101 102. G & S: Market research in the field of domain name traffic; promoting, advertising and marketing of the on-line websites of others; online auction services and title transfers featuring domain names. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
IC 045. US 100 101. G & S: Registration of domain names for identification of users on a global computer network; sales and transfers of domain names; privacy and identity theft protection services, namely, on-line monitoring of domain name thefts. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
IC 036. US 100 101 102. G & S: Maintaining escrow accounts for domain name sales and transfers. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77046909
Filing Date November 17, 2006
Current Filing Basis 1A
Original Filing Basis 1A
Supplemental Register Date September 21, 2007
Owner (APPLICANT) Moniker Online Services LLC LTD LIAB CO DELAWARE Suite 201 20 SW 27th Avenue Pompano Beach FLORIDA 33069
Attorney of Record George L. Snyder, Jr.
Type of Mark SERVICE MARK
Register SUPPLEMENTAL
Live/Dead Indicator LIVE
Best Regards,
Monte Cahn
Founder / CEO
Moniker.com is the world leader in Domain Asset Management including Domain Auctions & Sales, Escrow, Appraisal, Monetization, Registration, Brand Protection, Acquisition, and Portfolio Management.
Toll Free: 1-800-688-6311
O: 954-984-8445
F: 954-969-9155
ICQ: 292961812
MSN: [email protected]
AIM/Yahoo: MonikerDotCom
---------- Forwarded message ----------
From: Rebecca Rowling <[email protected]>
Date: Nov 2, 2007 11:38 AM
Subject: Beware: false advertisement by Moniker (a.k.a. Domain Systems)
To: [email protected]
(Copy of message)
Hi
Greetings from Miami! Did you ever receive a message from
Moniker/Domain Systems ("world's biggest domain seller") claiming that
they are "the first and only provider of Domain Asset Management", or
did you ever see their ad with this kind of claim?
I believe this statement is highly untrue as there are other providers
of Domain Asset Management. You could consider taking a look at
Moniker/Domain Systems as a propagator of false advertisements, and
not only (are they really the "world's biggest domain seller"?) An
attentive look at this company's history could bring to your attention
more interesting informations about them.
Sincerely,
Rebecca Rowling
Miami, Florida
I am sorry for not enclosing my mailing address with this message. I
am kind of unsure if I should enclose it, since Moniker/Domain Systems
may want to retaliate me, as they don't seem to be a reliable company.
Also I believe the points of this message are clear and does not require
my mailing address to verify this point.
Dec 18, 2007
Dear Mr. Monte Cahn,
Thanks for sending your note (which copy I am enclosing with this message; NP users, scroll down to see).
You may want to visit Moniker's website: it says, in several of its sections, that "Moniker is the first and only provider of Domain Asset Management":
http://www.moniker.com/pressreleases/moniker-pr-2007-05-16.jsp (dated May 2007)
http://www.moniker.com/pressreleases/moniker-pr-2007-04-11.jsp (dated April 2007)
Consider also these advertisements by or about Moniker in massmedia, with same claims everywhere: it seems they just like to be "the first and only provider of Domain Asset Management":
http://news.websitegear.com/view/22267 (claim from October 2007)
http://news.websitegear.com/view/24463 (claim from October 2007)
http://namemedia.com/?p=45 (claim from September 2007)
http://news.thomasnet.com/companystory/532983 (claim from September 2007)
(As you can see, they published this false claim even in Thomas Register's publication).
http://www.domaininformer.com/news/press/070731Moniker.html (claim from July 2007)
http://findarticles.com/p/articles/mi_m4PRN/is_2007_July_20/ai_n19377842 (claim from July 2007)
There are many more news that can be found with this false claim from Moniker. Also note that they enclose this false statement with about every of their email messages.
Further analyzing Monte's answer. It looks like you try to deceive the audience. Having a trademark for "DOMAIN ASSET MANAGEMENT" does NOT mean being the ONLY Domain Asset Management firm, as your company falsefully claims: since the concept of Domain Asset Management may be expressed in different terms and wordings. There are other domain firms providing same kind of services.
So, what you have is Trademarks, which are in fact REGISTERED WORDINGS THAT ONE WANTS TO USE FOR SOME EXISTING CONCEPTS/GOODS/SERVICES. Other firms provide services similar to Domain Asset Management, under different names. Your company may call them "Domain Asset Management" (DAM) if you want. You LIE to clients when you tell them that you are the only DAM provider. I guess they may need some really big dam against you.
There are some reasons to doubt that you sold domains in those high amounts, like you claim, with so many lies that were discovered. But if even you did, it does not imply that Moniker are the world's biggest domain seller. You cannot say: "Such and such journal publishes SOME domain sales figures, and %50 of them belong to Moniker. This means, Moniker is the world's biggest domain seller with %50 of sales". Maybe (MAYBE) your firm is indeed the world's biggest seller, who knows, BUT you do NOT have %50 of the domain sales market, like you have falsefully claimed.
Now, analyzing Monte's answer more in depth. The fact that some magazine reported that your firm makes %50 of sales does NOT mean that you make %50 in reality -- just because that magazine cannot report all sales made. This is one more false statement in your message.
But, let us suppose that this magazine "reports all sales" and your company have %50 there. In financial terms, this does not mean that your company are the biggest domain seller in the world. Explanation: for example, your firm made 10 sales and "all others" made 10 sales as "reported by DN Journal"; this does NOT imply that the 10 sales made by your company are approximately equal, in financial terms, to the 10 sales made by the others. Your 10 sales could be worth let us say $100K and the other 10 sales made by others could be about $400K, so how does it happen that you have %50 of the domain sales market? Not speaking of the sales not reported by DN Journal.
Some of you gentlemen may be wondering, was I personally somehow "offended" by Moniker? I can tell you the following:
1) One does not need to be somehow personally offended by a company (as you worded it out, "have an acid reflex reaction") in order to reveal their wrongdoings. If a company, whether a well-advertised or not so well advertised, does something wrong, and if one knows about it, it is one's right to reveal it to the public.
2) It is false advertisements that brought Moniker the many clients wanting to sell their domains via Moniker rather than via other sellers. I have to tell you, several other domain selling firms can do that no worse; but Moniker overwhelmed the domain world with their false advertisements and "calculations" of the mythical "%50 share" of the market, similarly to the "calculation" that Monte has provided in his forwarded message below.
If you check Moniker's company company history/background/financial history, you can reveal many interesting things about them.
Alex Tajirian, owner of DomainMart, a renowned domain seller and originator of many domain marketing ideas, points that Moniker is committing two serious errors with regard to Moniker engaging in Domain Asset Management. He says, "Although I am not an attorney, they are defining "Domain Asset Management" as a "service mark" that encompasses all domain name activity, not in the common sense of understanding management of assets. Moreover, he claims Moniker doing business since 1995. Well, that contradicts my claiming that DomainMart was the first online domain secondary market in 1996. However, online records at ttp://web.archive.org/web/*/http://www.moniker.com show that they started in 2001, while DomainMart started in 1996
(http://web.archive.org/web/*/http://www.domainmart.com)."
From my side, I noticed that Monte has manually entered changes into the copy of my original email, which you forwarded with your message. This appears to be an intentional distortion, and an apparent lie on Monte's side, since I addressed Mr. Stephen Douglas (the one who forwarded my message to you) personally, namely "Hi Steve" and not just "Hi". I am not sending spam and I addressed each other party, to whom I sent my messages, personally, by their first or last name, in order to warn them about your company poor reputation. In fact I am copying my response to you to those parties. Monte, you attempted to distort my original message in order to falsefully claim that I have been sending spam.
Thanks for your attention to this matter, gentlemen.
Rebecca Rowling
I am enclosing Monte's message below, with full headers and his IP address:
Return-Path: <[email protected]>
Delivered-To: [email protected]
Received: from c2mailmx03.mailcentro.net (10.2.14.103) by c2mail21.mailcentro.net (NPlex 6.0.045)
id 46CDDAB9005FFC8B for [email protected]; Mon, 5 Nov 2007 06:44:16 -0800
Received: from mail.corp.moniker.com (corp.moniker.com [66.232.8.194])
by c2mailmx03.mailcentro.net (8.13.8(MC-AXH/MJD-002)/8.13.8.axh-mjd) with SMTP id lA5Ei9m2020864
for <[email protected]>; Mon, 5 Nov 2007 06:44:10 -0800
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Subject: FW: Beware: false advertisement by Moniker (a.k.a. Domain Systems)
Date: Mon, 5 Nov 2007 09:44:02 -0500
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Thread-Topic: Beware: false advertisement by Moniker (a.k.a. Domain Systems)
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From: "Monte Cahn" <[email protected]>
To: <[email protected]>
Cc: <[email protected]>
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Ms. Rowling:
I have received several copies of your message below that you have sent to our customers and associates in our industry. I want to bring to your attention our Trademark on the words Domain Asset Management and alert you of the fact that we did invent and were the first to use these words and provide domain asset like services since 1995.
We will reserve our rights and take appropriate actions should you continue to solicit and spam our customers about your false claims.
Our legal department has been notified.
You can verify our domain sales status by going to http://dnjournal.com/ytd-sales-charts.htm which tracks total sales of domains year to date of which we are responsible for 50% of the top 100 sales reported to date, which is more than ANY other company.
Copy of Trademark below:
Mark Image
Word Mark DOMAIN ASSET MANAGEMENT
Goods and Services IC 035. US 100 101 102. G & S: Market research in the field of domain name traffic; promoting, advertising and marketing of the on-line websites of others; online auction services and title transfers featuring domain names. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
IC 045. US 100 101. G & S: Registration of domain names for identification of users on a global computer network; sales and transfers of domain names; privacy and identity theft protection services, namely, on-line monitoring of domain name thefts. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
IC 036. US 100 101 102. G & S: Maintaining escrow accounts for domain name sales and transfers. FIRST USE: 20050630. FIRST USE IN COMMERCE: 20050630
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77046909
Filing Date November 17, 2006
Current Filing Basis 1A
Original Filing Basis 1A
Supplemental Register Date September 21, 2007
Owner (APPLICANT) Moniker Online Services LLC LTD LIAB CO DELAWARE Suite 201 20 SW 27th Avenue Pompano Beach FLORIDA 33069
Attorney of Record George L. Snyder, Jr.
Type of Mark SERVICE MARK
Register SUPPLEMENTAL
Live/Dead Indicator LIVE
Best Regards,
Monte Cahn
Founder / CEO
Moniker.com is the world leader in Domain Asset Management including Domain Auctions & Sales, Escrow, Appraisal, Monetization, Registration, Brand Protection, Acquisition, and Portfolio Management.
Toll Free: 1-800-688-6311
O: 954-984-8445
F: 954-969-9155
ICQ: 292961812
MSN: [email protected]
AIM/Yahoo: MonikerDotCom
---------- Forwarded message ----------
From: Rebecca Rowling <[email protected]>
Date: Nov 2, 2007 11:38 AM
Subject: Beware: false advertisement by Moniker (a.k.a. Domain Systems)
To: [email protected]
(Copy of message)
Hi
Greetings from Miami! Did you ever receive a message from
Moniker/Domain Systems ("world's biggest domain seller") claiming that
they are "the first and only provider of Domain Asset Management", or
did you ever see their ad with this kind of claim?
I believe this statement is highly untrue as there are other providers
of Domain Asset Management. You could consider taking a look at
Moniker/Domain Systems as a propagator of false advertisements, and
not only (are they really the "world's biggest domain seller"?) An
attentive look at this company's history could bring to your attention
more interesting informations about them.
Sincerely,
Rebecca Rowling
Miami, Florida
I am sorry for not enclosing my mailing address with this message. I
am kind of unsure if I should enclose it, since Moniker/Domain Systems
may want to retaliate me, as they don't seem to be a reliable company.
Also I believe the points of this message are clear and does not require
my mailing address to verify this point.
Last edited:
