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

 

[sleepy]

Any news from Adsense Guy?
Seems to be lost ...

 

[integraclick]

Awesome - congratulations!

I suggest using a PR Newswire and make a Press Release - dont use the free ones as they just spam..something like ereleases.com should get out to a lot of reporters and I think with a story like that you should generate a ton of attention.

 

[Grrilla]

I don't want to negate the importance of the issues being discussed or the belittle how serious this is to the posters, (myself included) but at times, this is one of the funniest threads I have run across. Some of the juxtapositions of the posts are a riot. Good, dysfunctional humor.

"O, what men dare do! What men may do! What men daily do, not knowing what they do!"


W.Shakespeare
--From Much Ado About Nothing (IV, i, 19-21)

 

[wlspro]

Originally posted by Grrilla
"O, what men dare do! What men may do! What men daily do, not knowing what they do!"

W.Shakespeare
--From Much Ado About Nothing (IV, i, 19-21)

How do you do?

 

[jberryhill]

Berry Hill owes all4cost a $100.

First of all, he had the wrong bear. Secondly, the offer closed before I started my vacation for the simple reason that I will not be well connected for a couple of days (I'm on a high speed connection at a hotel in Vegas for the moment, but am leaving for the Grand Canyon tomorrow).

I think your name is Cowardly-Google-Shill-Lawyer

I can't speak for wlspro, since I don't know who he/she is. However, I post under my own name, and I do not work for Google. Having said that, then if you can show that I work for Google, then you can have me disbarred if you like.

But, on the subject of cowardly, I take it you see nothing odd about an anonymous person making a solicitation for maximum publicity for this as-yet unseen but nevertheless important and bizarre legal precedent.

As stated several times earlier, a URL to this thread was posted at another forum in specific response to AG's request. The fact that it brought people over here to discuss it is not surprising in the least.

There are definitely people that joined this
forum for no other purpose than to
discredit and ridicule Adsenseguy.

I didn't see anyone else other than Adsenseguy promising to post this important legal precedent, what, nearly two weeks ago, and then disappearing when questions were raised. That sort of behavior doesn't require any outside help to be discredited.

I came here for no other purpose than to find out what this "important legal precedent" was. Now, do you want to tell us about it?

 

[Dave_Z]

Good to hear from you again, JB!

Don't bother about members like dna et al.
Like you, me, and everyone else, they're
entitled to their own opinion.

Anyway, everyone here is intelligent enough
to tell what's right & wrong here.

DNA, what's the big deal w/ the use of
"Cowardly-Google-Shill-Lawyer"? Can't we
debate this in a logical manner?

I for one would like to see arguments based
on pure unbiased logic w/o the need to
resort to namecalling & the like.

No offense meant, but it bugs me when I see
people resort to such when there's no need
for it.

Oh, and welcome to namepros also, wlspro!
I apologize for not acknowledging your
presence here as well.

Hmmm, still no update from AG. I certainly
hope nothing bad has happened to him
'coz we're all still waiting for those court
transcripts (if any)!

People, please, no need to resort to such
tactics. We're all civilized and "mature",
aren't we?

 

[Grrilla]

Cowardly-Google-Shill-Lawyer

A nice name to reg, except that there could be some potential TM issues involved, here.. :hehe:

How do you do?

Generally, well, thankyou, depending on what I do, when I do it, how I do it, where I do it, how well I do it, and with whom I do it. And you?

 

[Badger]

Adsense guy will retn to this forum the richest NP'r in history if these posts keep up. LOL

Oops another 2 NB$$'s

 

[dna]

I think we can all rest easy in knowing that whenever the rich and
powerful are threatened, J Berry Hill will rush to their aid.

 

[Badger]

huh??

What rich and powerful person was JB defending.?

Come on man give the guy a break, what he has said is not only to the point and well researched, it has also told me for one that you shouldnt take everything written here as gospel and there sometimes might be a good deal of b* written.

We have an audience with someone who really does know what he is saying, if it comes across as arrogant then that is only our naivety and lay knowledge coming to the fore.

 

[AdsenseGuy]

THE JUDGMENT

Apparently my presence has been missed, I dont have to explain to anyone as to my whereabouts but if your interested read this previously posted thread hopefully some of you narrow minded individuals that believe I must report my every move to you will understand. http://www.namepros.com/showthread.php?s=&threadid=41621

Now I dont feel the need to justify anything involving this case but I do feel compelled to answer a few remarks.

1. Jberryhill points out the registrant issue, In response to that issue All documents were sent to me at my address thus effectually voiding this argument Enom and the UDRP were also made aware of the registrant info prior to court proceedings.

To the A$$holes at ENOM for hiding behind the muse of niknames for identifying my personal information in a open forum all i can say is that this is the kind of company anyone that buys domains from them is dealing with...MY ADVICE DO NOT PURCHASE DOMAINS FROM ENOM OR ENOM RESELLERS. I find it ironic that enoms lawyers would be spending time reading and focusing on Namepros. ( hmm looks like i started a nice thread enjoy the forums)

I had the pleasure of speaking with ENOMS legal counsel ( And what a treat that was) If you ever have to deal with legal issues and ENOM is your registrar forget about customer service.

You can all argue the facts all you want but the fact remains the same I AM THE LEGAL OWNER OF the domain in question. If you have any further personal attacks against me, my family, or would like to make any more threatening phone calls by all means feel free to contact me I would never turn down the oppurtunity to meet you in a dark alleyway. But please stop hiding behind annonimity if you have something to say dont just call and make idle threats and then hang up. Thats what cowards and ENOM does.

All documents concerning this case were entered into court including the documents (emails from Brad Bailey @ Enom ) that stated

Steve,

The domain was unlocked in error, thus resulting in the transfer of the
domain name away from eNom. We have contacted the new registrar in order to
either have the domain transferred back to eNom, or have them place a lock
on the name until the appeal process can be resolved. Once I have a response
from the registrar, I will pass along any information that I receive back to
you.



Brad Bailey
Compliance Manager
eNom, Inc.
[email protected]
425.883.8860 ext. 204
5/3/2004 5:14pm

Now thats customer service folks.

After having spoke with Enoms legal their response is and was for me to contact the new registrar of the domain and deal with them, They also stated that they doubted I will get the domain back. My response is IF THEY FOLLOWED THE COURTS ORDERS THEY WOULDNT HAVE UNLOCKED THE DOMAIN IN ERROR. Which is a crock of $hit.

This forum will not allow PDF's to be uploaded. Admins please conatct me so you could upload the documents. ASAP

I AM THE LEGAL OWNER OF THE DOMAIN.

I am also not hiding like others now that my personal info has been released against my wishes, which i think the admins should have addressed until i was able to provide the judgment, but however. I invite anyone of you to contact me at 905 357 0982 I dont care if you like me or not but I will not backdown from threats, harassment or even stalkers like it appears i now have. :wave:

 

[AdsenseGuy]

Thank You RJ

Here is the PDF of the judgment.

 

[Darkfire001]

AG, It seems that you have the impression that someone was attacking you.

I dont think anyone was doing that, I just believe that we would all like to see some more facts on the matter.

The information JB brought to your table seemed less concerned with discrediting you, and more along the lines of reducing your case to rubble. I doubt JB has some personal grudge against you, or that he/anyone here is working for enom.

Just doesnt seem standard.

 

[AdsenseGuy]

Darkfire I spoke with them They have clearly indicated to me that they are reading these forums. So one can safely assume they are the ones hiding behind NIKS and giving out personal info, as far as JB is concerned if i wanted to speak with him or if i felt the need to answer all of his questions , I think he should have represented the defendant and I would have done just that. But IMHO there is too many lawyers and they all want to make money off of others misfortunes.

Darkfire, Why should i commit myself to answering any direct questioning if i am not in the presence of a judge? I mean Anything written here will probably be used in court at a later date.

 

[Coastalguy]

Re: Thank You RJ

Originally posted by AdsenseGuy
Here is the PDF of the judgment.

Am interested in reading this.
Couldn't open it.

Any idea why?

Thanks,
ST

 

[DesignSense]

right click and save as

then open it

 

[wisconsin]

I was able to open it!

Thanks AdsenseGuy for sharing and take it easy on yourself!

You don't have to respond to anyone's questions if you don't want to! Also talking about it on the phone, when someone calls you, may hurt your position/case. Just refer people to the court findings in Canada.

Take care!

 

[Dave_Z]

Re: THE JUDGMENT

Originally posted by AdsenseGuy
You can all argue the facts all you want but the fact remains the same I AM THE LEGAL OWNER OF the domain in question.

All documents concerning this case were entered into court including the documents (emails from Brad Bailey @ Enom ) that stated

Steve,

The domain was unlocked in error, thus resulting in the transfer of the
domain name away from eNom. We have contacted the new registrar in order to
either have the domain transferred back to eNom, or have them place a lock
on the name until the appeal process can be resolved. Once I have a response
from the registrar, I will pass along any information that I receive back to
you.



Brad Bailey
Compliance Manager
eNom, Inc.
[email protected]
425.883.8860 ext. 204
5/3/2004 5:14pm

Now thats customer service folks.

After having spoke with Enoms legal their response is and was for me to contact the new registrar of the domain and deal with them, They also stated that they doubted I will get the domain back. My response is IF THEY FOLLOWED THE COURTS ORDERS THEY WOULDNT HAVE UNLOCKED THE DOMAIN IN ERROR. Which is a crock of $hit.

I AM THE LEGAL OWNER OF THE DOMAIN.

Trust me, being in the domain name industry can be
VERY customer service unfriendly. But that's being
on the customer side of the fence.

On the registrar side of the fence, there are lots of
checks and balances that need to be made in order
to protect whoever is the "true" owner of the domain
name. Note I put the word "true" in quotation marks
because there's really no way of telling who it is
except whoever is listed as the registrant.

By your saying legal owner, you mean the domain
name was once listed under your personal name
or company name? I beg to differ because "legally
speaking", whoever is listed as the registrant is the
"legal owner".

Of course, the courts can say differently so I'll
defer to them.

Based on that email you shared here, Brad Bailey
gave that answer because he & others at eNom
don't want to give you any false hope that they'll
be able to get the domain name back.

Sure they may have made an error unlocking the
domain prematurely. They're fallible, just like JB.

But it's never easy getting a domain name back
from another registrar because they have their
own policies to stick like glue. Of course, it's eNom's
problem but just so you wouldn't expect any magic
wands waved or instant miracles performed.

They say they doubt they'll get the domain name
back, but they'll at least try. Nothing wrong w/
trying. :blink:

Anyway, good to hear from you again. I'll have a
looksie at that .PDF file.

In any case, needless to say, you started what's
arguably the best thread in any domain name forum
in years! :lala:

 

[AdsenseGuy]

Thank you Davezan for the info, and the compliment.

I am sure ENOM will try really really ( wink wink ) hard to get back what they gave away.

After speaking with them earlier today I was left with the attitude that the only way of recovery will be to begin a suit against ENOM at this point. The reasons why I wanted to publicize this is because apparently these registrars work very closely together to keep the large companies happy and dont even think twice about screwing the little people, I for one dont mind spending the money to expose these business practices.

I can quote here all day long just as others have done on numerous occassions in this thread but in the end it means nothing.

Domain is registered
Domain is taken to NAF for UDRP
UDRP makes ruling
Within 10 days as stipulated within UDRP rules
Court action is begun
All parties involved are served accordingly
DOMAIN IS TO REMAIN LOCKED AND IN CARE & CONTROL OF ENOM
Defendants do not reply
Judge holds court
Judge makes ruling

I Win, but what really do I win No domain, Google will never pay and now I have to sue ENOM for Accidently ( WINK WINK ) giving my domain away While under court order to remain in care and control of it during proceedings.

Lesson learned here is this ICANN, UDRP, NAF have no control all the control is in the registrars hands and they can get away with doing whatever they want. So if you are ever faced with UDRP and lose and follow up with the courts you are guaranteed still to lose because the registrars will do whatever , whenever they want to do. It is my belief that these business practices must be exposed for what they really are. If anyone that reads this thread conducted business in this manner they would be charged with fraud, colusion and whatever else the arresting officers seen fit to charge them with.

If this is the way that business can be conducted by ENOM it makes one wonder what other business tactics they will utilize in other forms of their business ie: drop's and auctions

On a lighter note its good to see all the new members here at NP hopefully we can reach 10k in viewers....

And earlier someone mentioned that there wasnt any personal attacks against me, all i can say is since WannabeLegalService PRO posted info about myself we have had threatening telephone calls they dont scare me one bit because i know cowards like that WLSPRO (STILL HIDING UNDER HIS ROCK...Enom) would never show his face to someone like myself for fear I would be the kind of person to actually react to the situation. 1500 plus Pro PIMS allows me not to fear others. and for those of you that dont know what PIMS are Penalty minutes. See if you can crack that case.

 

[wlspro]

OK boys and girls, lets see if we have learned anything in the past couple of weeks.

First look at
Guide to Ontario Court : http://www.ontariocourts.on.ca/english.htm
and Canadian Legal Information Institute: http://www.canlii.org/

Can we find this judge's name anywhere on the list of judges?

Now that we have established AG's identity is this the same person who has registered msn411.com, yahoo411.com and google411.com? Is it coincidental that these domain names incorporate the registered trademarks MSN, Yahoo and Google in them? Why use famous trademarks in the domain names, are they supposedly name of some new characters in Shrek?

see: http://www.whois.sc/msn411.com
http://www.whois.sc/yahoo411.com
http://www.whois.sc/google411.com

Note that these sites were in fact pointing to http://www.links411.com with clear links to his other two sites
GmailTrader (http://www.gmailtrader.com) and ForumsNChats (http://www.forumsnchats.com)

I will yield legal matters to our resident expert JB, Esq.

In the meanwhile consider these legal issues: proper service of complaint to foreign persons, jurisdiction, eNom as defendant, trademark issues decided in a small claims court, enforceability of foreign judgments, perjury and presentation of false evidence by plaintiff “According to the evidence of the plaintiff … if either party brings a court action ANYWHERE IN THE WORLD within ten days of its decision, the decision of the Universal Domain Resolution Panel is stayed and the domain name is locked until the court’s decision.”

According to the UDRP

4. k. Availability of Court Proceedings.
We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under … the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database.)

See http://www.icann.org/dndr/udrp/policy.htm

The Rules for UDRP states

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.

See http://www.icann.org/dndr/udrp/uniform-rules.htm

Where does the UDRP state “if either party brings a court action ANYWHERE IN THE WORLD within ten days of its decision, the decision of the Universal Domain Resolution Panel is stayed and the domain name is locked until the court’s decision.”

By the way there is no such thing as “Universal Domain Resolution Panel” - UDRP refers to “Uniform Domain-Name Dispute Resolution Policy”.