UDRP Mike Mann prevails in UDRP filed against WorldHabitat.org

[DNWon]

Here is a link to the WIPO decision for the recent UDRP filed against Mike Mann's WorldHabitat.org

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2017-0352

 

[JoeE]

Thanks for sharing. It's always good to keep up with UDRP decisions. You may need the same strategy in the future to fight your own virtual battles.

 

[DNWon]

You may need the same strategy in the future to fight your own virtual battles.

It's true, it seems occasionally a company will think they can UDRP a name away from a re-seller after negotiation fails to produce a deal.

 

[Brand Consultants]

If denied, then it should be RDNH.

 

[DNWon]

If denied, then it should be RDNH.

If you read to the bottom of the decision, he actually did claim RDNH (Reverse Domain Name Hijacking) but it was denied. Wrongly perhaps?

 

[JoeE]

If you read to the bottom of the decision, he actually did claim RDNH (Reverse Domain Name Hijacking) but it was denied. Wrongly perhaps?

I read the document. I don't think it was wrong to deny it. As a matter of fact, I almost always root for the domain investor. But the complainant in this instance acted reasonably because almost everyone who is up on international news and events should know the World Habitat Awards. As a matter of fact, I'm surprised that the decision didn't swing the other way in favor of the complainant. They have an established common law trademark on the term "World Habitat Awards" a United Nations affiliated award. I personally know about it, and if anyone told me WorldHabitat.org I would think of them. So it's not baseless like many others but Mike got lucky this time around. It could've gone either way.

 

[Emmy101]

Who is going to buy these domains in the future ? I wouldn't use a domain that had UDRP history and build my business on it !

 

[Brand Consultants]

Who is going to buy these domains in the future ? I wouldn't use a domain that had UDRP history and build my business on it !

They will now pay for the domain as they should have in the beginning.

Offering to buy a domain and then filing a UDRP because you don't like the price is shameful.

 

[DNWon]

Offering to buy a domain and then filing a UDRP because you don't like the price is shameful.

That's exactly what happened here!

 

[1Darko]

The price got up!

http://domaingang.com/domain-law/mike-mann-wins-udrp-for-worldhabitat-org/

 

[DNWon]

The price got up!

Lol! Quadrupled according to Mike! Back to 100K!

 

[En]

Mike Mann targets charities and many terms relating to 'philanthropy'. He's a complete parasite to everyone and everything apart from himself.

https://www.domainmarket.com/search?searchInput=homeless&type=c&search=true

Homeless.com $500K Homeless.org $300K Homelessness.com $65K etc.

https://www.domainmarket.com/search?searchInput=earthday&searchType=c&excludedInput=&min_length=&max_length=&from_price=&to_price=&languageID=&tld[]=all&sort=price&search=true

EarthDay.com $400K

https://www.domainmarket.com/search?searchInput=abuse&searchType=c&excludedInput=&min_length=&max_length=&from_price=&to_price=&languageID=&tld[]=all&sort=price&search=true

AbuseCouncilling.com $30K AbuseVictims.com etc.

https://www.domainmarket.com/search?searchInput=charity&searchType=c&excludedInput=&min_length=&max_length=&from_price=&to_price=&languageID=&tld[]=all&sort=price&search=true

CharityFundraising.com $100K CharityShop.com $45K CharityEvents.com $55K CharityShop.org $45K CharityShops, DonateToCharity, etc. etc. etc.

https://www.domainmarket.com/search?searchInput=savethe&searchType=c&excludedInput=&min_length=&max_length=&from_price=&to_price=&languageID=&tld[]=all&sort=price&search=true

SaveTheOrcas.com $3K SaveTheTrees.org $20K SaveThePanda.com $10K SaveTheHumans.org $10K

 

[deez007]

Hmm whilst I am normally on the side of the domainer in UDRP cases (on condition it's not squatting on a brand). I'm a little confused how the complainant's legal team were not able to point out to the Judge/Panel that MikeM is a domain investor and part of his business model is to even buy trademarked names that belong to established brands so his intention for this particular domain should have been clear. Obviously, I'm no lawyer but surely that could have been used as part of their argument...

 

[En]

https://www.domainmarket.com/search...&languageID=&tld[]=all&sort=price&search=true

CharityEducation.com $20K + 6 PAGES

https://www.domainmarket.com/search...&languageID=&tld[]=all&sort=price&search=true

HelpOthers.com $100K + 4 PAGES

https://www.domainmarket.com/search...&languageID=&tld[]=all&sort=price&search=true

ClimateChangeChallenge.com $25K

 

[En]

https://www.domainmarket.com/search?searchInput=cancer&type=c&search=true

SkinCancerTesting.com $50K (e.g. providing info about skin cancer testing online)

OvercomeCancer.com, and 2 more pages (makes me sick to write anymore).

https://www.domainmarket.com/search...&languageID=&tld[]=all&sort=price&search=true

Doesn't get any lower in the domain business.

 

[DomainZombie]

If it was UN to file, then they would have a quite better case as they literally invented the World Habitat Day. They might argue that they are the first to use the World Habitat combo although it is still general in nature.
Now let's move to the Award guys... An unrelated party decided to give yearly awards on WH Day so they went in to some kind of partnership with UN to do so. UN agreed, but the awards are not part of the UN. It's a different entity doing it. As such they can not claim that they first used the combo and have the sole right to it. Even their WH TM should not be awarded to them as it is not theirs for the taking. WH Awards is.
About the other domains related in any way to charity... Why would one give them away. The so called "charity" will generate a good healthy money flow with the domain and will pay the pleasant salaries for it's board and/or management group.
Education? - education is one of the healthiest businesses in the US. It's a business.
Cancer? - do you even have an idea how much drug companies charge for their products? It's a huge business as well.

 

[En]

"Everyone is making a killing off cancer, so lets all jump on the bandwagon! Buy any names that you can think of relating to cancer help/services!"

Mike Mann has done nothing for the 'so called' charities, unlike the people that 'work' there day in day out and get a 'living wage' (otherwise you can't survive on nothing in this World, you know?).

I'm sure he has some nice cars and multiple homes, driving up the cost of housing, and making his Homeless.com/.org more valuable by the day! Good business [USA] thinking!

"Generate a good healthy money flow...", you do understand what charity is for?

I guess Mike Mann's deserves the $100K or whatever he wants to extort for, as he was smarter than World Habitat Awards (established since 1985), to secure the .org (for non-profits), as there are 2 different claims for "World Habitat" (whom are both working together)????

 

[domqo]

Useful article. Thanks for sharing!

 

[En]

Regarding "education", some people don't see our children's future as a "business model".

http://businessinsider.com/finland-...ng-is-one-of-the-most-respected-professions-2

"Teachers aren't underpaid in Finland like they are in the US. In fact, they're valued a lot since Finland puts a lot of stock in childhood as the foundation for lifelong development."

"One reason for that is Finland has no private schools. Every academic institution in the country is funded through public dollars."

Each individual treated equally, not based on how much money your parents have competed to 'win' off of someone else!

 

[DomainZombie]

There is one easy way to beat MM and the alike in regards to charity domains. DO NOT BUY. NEVER. This is what UN did (unhabitat.org) and they still manage to do just fine without the domain. MM can keep renewing and keep the name. Again, if UN claims the name they might even get it. WHA were created on top of UN's idea by an outsider. Giving a plaque saying congrats is not that big of a deal. BHSF does other more important things to put their time in. They've done it for many years and will keep on doing it. I do hope they did not apply for TM just to be able to claim the domain.
Do I own the rights to AppleCharity.com if I give an award to charity apps for iPhones even if I work with Apple on them? Naah

Yes, cancer is a big money maker for many companies. If MM does not register the names, they will and will use it for business. SkinCancerTesting.com for example is, as you know a commercial name for testing products. The .org, as you might not know, is AVAILABLE. Now go get it and put up a site about skin cancer there.
Giving anything for charity is a personal choice. Yes, it might show that you are a good person or not, but this has nothing to do with the rights to a domain name. Cars, homes and other stuff somebody bought has nothing to do with it as well.

Your post on education is not even related to domains at all.. Some country, somewhere does something, yada yada. A country that invests heavily in the well being of it's ppl by educating them and giving them a good base for their professional future. Future not in any way related to getting well paid for your work, right? Yes, it is great they do it for their a bit less than 6 mil ppl. Go scale that up.

As I don't really like to go into online fights, I would like to finish with one thing.
WHA does NOT have the rights to the whole general WH term and/or domain. UN might. I'm not rooting for MM at all. It's just the history of the WH term.

 

[En]

I understand where you're coming from. I don't necessarily think WHA has rights over MM for the domain, just that he took it to benefit no one else but himself.

 

[En]

http://www.businessinsider.com/michael-mann-domain-business-2012-4?IR=T

"I'm just really greedy," he tells CNET. "I want to own the world."

 

[MackieMesser]

Karl Marx came into my mind from this discussion:

“If money is the bond binding me to human life, binding society to me, connecting me with nature and man, is not money the bond of all bonds? Can it not dissolve and bind all ties? Is it not, therefore, also the universal agent of separation?” - Karl Marx, Economic & Philosophic Manuscripts of 1844/The Communist Manifesto

 

[Cal734]

A friend worked beside a United Way office. She said that there were always high end priced cars parked in the United Way parking lot.
Don't kid yourself, many people are making a very good living off the backs of volunteers working for free doing charity work.

 

[Hootsifer]

He da mann