Precedent setting ruling READ THIS

[AdsenseGuy]

Today I spent the day in court, As I have told you all previously I where I work. This gives me an advantage to an extent in information that may or not come to fruition, due to some contract restraints there is some information i can use to my advantage and some I cant. On that note please read on.

About a year ago i regged a domain googleemail.com and google caught wind of it and promptly issued me a UDRP, Guess what They won big surprise. While under the rules of NAF i was entitled to file court action to keep my domain, and the domain was to remain mine until the courts decided. My registrar ENOM was supposed to keep this domain locked and in my account until the court proceedings where finished. They did not do this what they actually did was let google's registrar have this domain and they placed it into googles account.

Well as of today and todays PRECEDENT setting ruling I have been granted by the courts I am the rightful owner of this domain as well as the courts have indicated that they see no trademark infringement, The order goes somewhat like this I am the owner of this domain and Enom should never have transfered this domain while it was under the courts juridiction, It is so ordered that the domain be transferred back into my name it is also ordered that I am given the right to sue Enom if they cannot get my domain back. I was also granted exclusive use and ownership of this domain. The judge also indicated that by google now being in posession of my legally owned domain that I may sue them for damages resulting if they refuse to hand it back over to me. I was also awarded damages in cash from this lawsuit.

My question to you all is as follows. I will not have a copy of the judgement transcript until Friday at the earliest. Once I have these documents I want them to hit the internet like wildfire can anyone here help me get these documents into the right hands. I will be sending ENOM and Google a copy of the transcript but I want this to be as public as possible. Google DIDNT win one for a change. The judge clearly and decisively covered all aspects concerning this ruling even more so than I expected. They have had my domain for 3 months now and I want it back to be able to do with it as I want. But I need your help fellow NPers I want the world to know what I have had to deal with and what ENOM did to me as the judge did not place any restrictions on publicity....OH isnt the IPO coming out soon.....

Please if you can help me I will remember your helpfulness Also Namepros was brought up in court and researched by the presiding judge for information.

Please post links or emails of media outlets that you think may be interested in recieving this information. I will attach the actual judgment transcript Friday afternoon

 

[Dave_Z]

Hmmmm.....were we taken for a ride?

I wonder...

 

[AdsenseGuy]

Jberryhill: You may or may not know your governing laws in the USA But please until you have all the facts your statements may be regarded by some as overbearing.

Case # 04-011566-00

Superior Court of Canada

Like I stated earlier when the transcripts are ready they will be posted for all to read. I apparently know what transpired in court, Where you there? I know what the Judge ordered...Obviously you dont until i post it. And as far as your other statement about any other sites i may or may not be involved with I dont remember having any websites for sale as you state. Next time you want to try and flame me make sure you have all your facts. Very quickly I was able to determine what others thought of your views and opinions. But i will refrain from posting any URLs because this is a thread about a court ruling that has an impact on a domain i owned.

As we are all aware you are entitled to your opinion but i would appreciate you keeping your opinions on myself, motives, and character to yourself, as this is not the place for personal views of another member.

I look forward to you reading the transcript of the order and educating yourself further with the facts regarding this decision.

Just one more minor note am i not intitled to choose any nickname i want on a forum or is that considered trademark infringement?

Further to your comments about gmail here is the trademark info on that word.

Word Mark GMAIL
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Electronic newsletter featuring articles and information of interest to the Christian and Gospel music industry. FIRST USE: 19990000. FIRST USE IN COMMERCE: 19990000
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78398525
Filing Date April 8, 2004
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Gospel Music Association CORPORATION TENNESSEE 1205 Division Street Nashville TENNESSEE 37203
Attorney of Record Reber M. Boult
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE


Word Mark GMAIL
Goods and Services IC 038. US 100 101 104. G & S: electronic mail services
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78398233
Filing Date April 7, 2004
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Google Inc. CORPORATION DELAWARE Building 41 1600 Ampitheatre Parkway Mountain View CALIFORNIA 94043
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark GMAIL
Goods and Services IC 038. US 100 101 104. G & S: Communications services -- namely, transferring of electronic messages for groups of two or more people by means of a global computer network. FIRST USE: 19980120. FIRST USE IN COMMERCE: 19980120
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78395746
Filing Date April 2, 2004
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Precision Research, Inc. CORPORATION CALIFORNIA 1211 Bajada Santa Barbara CALIFORNIA 93109
Attorney of Record Kyle W. Rost
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark GMAIL
Goods and Services IC 035. US 100 101 102. G & S: Pronet FX, Pronet Premium, Pronet Screen Trader, Pronet Derivatives Trader, and Pronet Matador. FIRST USE: 20020528. FIRST USE IN COMMERCE: 20020528
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78395931
Filing Date April 3, 2004
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Smith, Shane Karen Griffith, British; Shane Smith, British TRUST London 24 Lock Keepters, 117 Brunswick Quay London SE16 7PW London UNITED KINGDOM
Type of Mark SERVICE MARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

Word Mark GMAIL
Goods and Services IC 038. US 100 101 104. G & S: Delivery and storage of messages, data and information by electronic transmission over the global computer networks and mobile phones
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78394440
Filing Date March 31, 2004
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) CENCOURSE, Inc. CORPORATION DELAWARE 4070 Woodridge Rd Miami FLORIDA 33133
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[jberryhill]

Very cute. There are, of course, several Superior Courts in Canada. Would you mind saying WHICH one it was?

Section 4(k) of the UDRP only requires the registrar to lock the domain name if a suit is filed at the location of the registrar or the registrant.

However, the registrant of googleemail gave its zip code as 90210, which is in California, and the registrar was in Washington. What did Canada have to do with it? Under the rules of the UDRP, I can see why Enom would have transferred the name, since the rules required a suit to be filed in the US on the facts of the dispute.

I really don't believe that asking "where is a bear named GooGlee in Shrek?" to be an aspersion on anyone's character. And you are free to pick your username as you wish. Kinda funny how you just happen to keep running into Google marks, though.

So tell us about this bear in Shrek.

You don't run gmailtrader.com?

Do these help jog your memory:

http://www.namepros.com/showthread.php?s=&threadid=34499

http://www.namepros.com/showthread.php?s=&postid=271778

Again, an amazing coincidence. You start off running an email service for kids infatuated with a bear (but confused about movies) which is unfortunately mistaken for having something to do with Google, and then - boom - a couple of months later you are running a site that relates to Google email services.

Do you notice how all of those pending TM registration applications you posted all happened to be filed within a days of each other, with the earliest one being March 31, 2004?

Do you think that might have something to do with this:
http://www.google.com/press/pressrel/gmail.html
MOUNTAIN VIEW, Calif. - April 1, 2004 UTC - Amidst rampant media speculation, Google Inc. today announced it is testing a preview release of Gmail

So, just what do you think those TM applications prove?

Next time you want to try and flame me make sure you have all your facts.

Do you see that I posted several numbered questions. Since you seem to have a monopoly on the facts here, perhaps you might answer them, since you are the only person who knows anything about either the bear or who you are.

If this was a provincial court in Canada, then the part about Google not showing up, and you being the only one there, does indeed make a bit more sense. What is there in Canada to enforce anything against? Google, Enom, and the domain name, are all in the US.

 

[AdsenseGuy]

Jog my memory sure I am promoting a website..... NOT as you insinuate in your earlier thread " SELLING IT"

Am I ever glad I never had you and your firm represent me in this matter.

State the facts, not misrepresented statements.

I know this is alot to comprehend but the below referenced company submitted MAR 31 2004

Guess they must have placed a call to Ms.Cleo or maybe google told them what they were about to announce. In any regard CENCOURSE, Inc. CORPORATION DELAWARE has not to my knowledge initiated any complaints against any owners of gmail related domains, like gmailswap.com, gmailinvitation.com, gmailforum.com or any of the thousands of others.

Word Mark GMAIL
Goods and Services IC 038. US 100 101 104. G & S: Delivery and storage of messages, data and information by electronic transmission over the global computer networks and mobile phones
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78394440
Filing Date March 31, 2004
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) CENCOURSE, Inc. CORPORATION DELAWARE 4070 Woodridge Rd Miami FLORIDA 33133
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[jberryhill]

There is no time stamp on the Gmail press release.

Do you see where the Cencourse application says that the filing basis is "1B"?

That is an intent-to-use trademark application. Of course Cencourse has not initiated any proceeding, because what you have posted here is evidence that they are not using the mark.

Now, look at this Reuters story posted to Usenet on March 31, 2004:

http://www.google.com/[email protected]&rnum=97
Google to Test E-Mail in Challenge to Rivals
Wed Mar 31, 2004 09:17 PM ET

By Lisa Baertlein
MOUNTAIN VIEW, Calif. (Reuters) - Google Inc., the world's No. 1 Internet
search provider, said on Wednesday it will begin testing a free search-based
e-mail product called Gmail, as it continues striking back at rivals Yahoo
Inc. and Microsoft Corp.'s MSN.

The new service, which goes live Thursday at www.gmail.com,

The Google press release, on Thursday April 1, announced that it was live. The first notice of the service, via Reuters, was on Wednesday, March 31, in the evening. If the press release wasn't ready until late in the day, then they would have dated it for the next day. However, between 9:17 PM and midnight, one can certainly electronically file a TM application on an intent-to-use basis.

When they reach allowance and establish use rights in order to obtain registration, do wake me up over that news.

Or do you really believe it was some kind of psychic coincidence that all of these pikers rushed to get these applications to the USPTO within a few days?

And you have nothing to do with gmailtrader.com other than advertising it. Is that it?

But, please, do tell us about the GooGlee Bear character in Shrek.

 

[mole]

Hey berry, what's a bear like you doing in a place like this? 8-X

 

[Anthony]

Is there any time frame for when Enom must get you back the domain name?

 

[AdsenseGuy]

Yes immediately after i get them the transcript on the ruling

I already have the judgment, I am the one holding back until i have it in writing before publicizing it. Once I have the documents I will make them public in as many different methods possible.

Mole: Ambulance chasers must go where the action is.

 

[armstrong]

Section 4(k) of the UDRP only requires the registrar to lock the domain name if a suit is filed at the location of the registrar or the registrant.

However, the registrant of googleemail gave its zip code as 90210, which is in California, and the registrar was in Washington. What did Canada have to do with it? Under the rules of the UDRP, I can see why Enom would have transferred the name, since the rules required a suit to be filed in the US on the facts of the dispute.

Ouch. IANAL, but this certainly explains enom's actions. Even with a Canadian court order, enom can probably get away with ignoring the order, since it appears to lack jurisdiction. At the very least, they can get a restraining order, and fight the Canadian ruling within US courts.

Welcome to namepros, jberryhill! %%-

 

[AdsenseGuy]

Armstrong I beg to differ with you on that point i have a copy of an email from Brad Bailey Enom Compliance manager, That states they are in reciept of the court documents and they will obey by whatever ruling is issued. Furthermore, they went on to say in this email that was entered into evidence that They would remain in care of this until notified by the courts.

How can you say that a registrar can pick and choose what courts they will honor read UDRP Governing rules.... Thats the mentality I have been dealing with from the beining on this venture. At least one thing is for sure I keep documented proof of every bit of corespondence. That dosnt lie, ENOM will have to honor the courts decision, Or ICANN will have a fielday with them. Listen I have no problems spending as much money as it takes to .................

For The Record

Enom, & Michelle Scraber @ NAF were all made aware of the correct whois info.

 

[wlspro]

Originally posted by AdsenseGuy

For The Record

Enom, & Michelle Scraber @ NAF were all made aware of the correct whois info.

Which was?

 

[jberryhill]

"Which was?"

Which was certainly not in the whois data for the domain name when the Complaint was filed. Michelle Schaber is simply a case manager at the NAF, and what she was "made aware of" is totally irrelevant. Registration data is locked when a UDRP is filed precisely to prevent the sort of game you apparently wanted to play during the proceeding. One thing that Ms. Schaber is very good at, however, is reminding the parties of the UDRP "mutual jurisdiction" when she sends the email with the Panel's decision to the parties. Given that I've only asked three numbered questions, and you've only partially answered one (still not identifying which superior court), would it do any good to inquire what it was?

The weird thing is that Steve here is posting for ways to obtain publicity, and he apparently doesn't want anyone to know who he is.

The agreed mutual jurisdiction is established when the Complaint is files as either the location of the registrant or the registrar. Running in at some later time to try to fix your bogus whois data doesn't change what was fixed at that time. What location did they pick in the Complaint? CA or WA?

"As I have told you all previously I where I work. This gives me an advantage to an extent in information that may or not come to fruition, due to some contract restraints there is some information i can use to my advantage and some I cant."

Yes, you've said you worked at Google which, if true, may have provided you with advance notice of proprietary business plans to launch an email service. You have said elsewhere that you believe registering Google-related domains in your wife's name somehow gets you out of your obligations under your employment contract.

You are further unwilling to substantiate the existence of this bear in Shrek, which inspired you so deeply that you named the wrong movie. Thousands of children flocked to your website, no doubt housed at "666 Screw You Lane", despite the utter absence of a single link-in from anywhere.

Despite your original fascination with a non-existent cartoon bear, you have since begun running a website which derives revenue from trading in Google email accounts.

It appears nobody showed up at your proceeding, if any, in Canada, since you have to send a transcript to the only other parties who appear to be involved. Since you claim to have sent documents to Brad Bailey at a prior point in time, there is certainly nothing preventing you from posting those now, to have a look at whatever it is you filed.

Concerning the GMAIL ITU application by Cencourse, if anyone needs an amusing diversion from this thread, I challenge you to visit Cencourse.com, then search the internet for information about their products and services, and then provide a rational account of what those products and services are.

 

[wlspro]

Cencourse.com

#78452433 GMOBILE - filed 7/18/2004
#78452432 COMOBILE - filed 7/18/2004
#78394440 GMAIL - ITU filed 3/31/2004
#78084919 2774115 C CENCOURSE - 1/23/2003
(REGISTRANT- Sikes, Steven, B. INDIVIDUAL UNITED STATES PO BOX 348344 Coral Gables FLORIDA 332348344)

Spherequest.com
78230134 MQUEST - ITI - filed 7/27/2004
78249031 SPHEREQUEST - ITU - filed 1/6/2004
(APPLICANT - SPHEREQUEST CORPORATION DELAWARE 4070 Woodridge Rd. Miami FLORIDA 33133)
78135513 2787633 SPHEREQUEST - 6/13/2002(REGISTRANT - SPHEREQUEST CORPORATION DELAWARE PO BOX 348344 Coral Gables FLORIDA 332348344)

Other related TM registrations/applications
78202148 GENCOURSE
78084919 2774115 C CENCOURSE
78122006 2740817 IMAGINE YOUR WORLD
78027621 2599525 COMAGINE

 

[Badger]

Absolutely brilliant. Dunno about anyone else here but what a great thread......... I vote thread of the year...

Tell me again which one of them is Holmes and who is Moriarty....

"elementary my dear watson"

 

[bensontwenty]

far from elementary but what an absolutely fabulous read. AdsenseGuy - I am still interested to hear your thoughts on the Intellectual Property Agreement. I know that you have said previously about registering in your wives name but even so I would have thought this was a clear breach of the faith of such an agreement. Can any of the lawyers help me out on this just in case I am speaking rubbish and if I am I apologise!

jBerryhill - welcome to namepros.

 

[billinchina]

Boy, how you guys turn on Google! Google is like a parent to you. Their PPC program is most every webmasters best friend. Now you sound like you want to lynch them!

Then again, it is nice to see AdsenseGuy get to keep his domain. I wouldn't suggest making an email service with the domain, which could confuse googleemail.com with gmail.com. However, it could be used for an informational site about gmail.com. GoogleMail.com would be better, but GoogleEmail is still nice.

 

[jberryhill]

Now, wlspro, have you looked at the Cencourse site to figure out what, exactly, they are selling, what it does, and how much does it cost? Or who is on their "highly talented management team".

I get the feeling their slogan "Imagine Your World" is more than just a slogan there...

 

[aww]

I guess you join Froogles, Googles and Booble.
Can I add the story of GoogleeMail to this article at Domain Food ?

By the way, it was in GigaBlast:
http://gigablast.com/search?q=googleemail

 

[jberryhill]

Check the "indexed" date of the Gigablast results.

Also, the UDRP decision notes the domain name was pointed at booble.com while the proceeding was going on.

Interestingly, AdSenseGuy had this well reasoned comment to make on the booble.com situation, prior to the googleemail.com UDRP proceeding:

http://www.geek.com/news/geeknews/2004Jan/gee20040130023668.htm
Google is just a bully (4:38pm EST Fri Jan 30 2004)
Google is a bully and hurray for booble, They tried the same chit with us googleemail.com hmm maybe we should redirect that to booble.com, We used googles letter as toilet paper and returned to sender, if google wants to own all the domain names WRITE SOME checks or shut the hell up. YOU bought and paid for google.com nothing else, if they keep this crap up they might as well sue anyone that has a G in their domain or maybe even any domain with 2 OO 's in . All i can say to google is BITE ME. - by BiteMeGoogle

These are the words of someone motivated to provide email services to thousands of children fascinated by that bear in Shrek, which still nobody has identified. All that needed to be done in response to the Google C&D was simply to tell them that (a) you misunderstand the name - it is really about a cartoon bear, and (b) we are using it to provide email services for children.

Oddly, instead of doing that simple and reasonable thing, we find our hero saying Google should "WRITE SOME CHECKS or shut the hell up", and suggesting he might point the page at porn. Interestingly, that is exactly what the UDRP decision says he did.

What a strange way of preserving one's service to children...

 

[wlspro]

Originally posted by jberryhill
Now, wlspro, have you looked at the Cencourse site to figure out what, exactly, they are selling, what it does, and how much does it cost? Or who is on their "highly talented management team".

I get the feeling their slogan "Imagine Your World" is more than just a slogan there...

Don't ask me, JB, it was your friends at the USPTO who granted them the trademark registration for "educational services, namely, providing online interactive classes in the fields of language learning and cross-cultural training; providing interactive online computer games for languages and cross-cultural training; providing a web site on a global computer network featuring language translation services." Somehow they found their first use of the mark "IMAGINE YOUR WORLD" in May 2002 acceptable trademark use in commerce. The statement of use was filed and accepted in 2003.

The Spherequest.com site is almost identical in design to Cencourse.com and just as vague about its offerings. They were originally designed by a "Steven Mayton" with identical file structures.

Originally posted by AdsenseGuy
I will attach the actual judgment transcript Friday afternoon

Hey AdsenseGuy, Friday has come and gone and there is no sign of the judgment transcript.

You sure you gave them the right address this time and they did not send it to:

googleemail
666 Screw You Lane
Bite Me, CA 90210

"OH isnt the IPO coming out soon..."