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

 

[AdsenseGuy]

This thread was intended to show a ruling of a courts decision about a domain that went to the NAF UDRP. The facts remain the same regardless of all the name calling,personal attacks and postings of personal information ect. The court has ruled on the UDRP's decision that is a fact wheater you like the ruling or dis-like it, The ruling is enforceable.

You all are invited to discuss this until your blue in the face but at this time I respectfully request from all parties that all name calling, inuendos, and direct comments about other members cease at this time. If this crap continues I will have the admins pull this entire post. I for one really dont care what people think of me personally but many remarks in this thread have side tracked the topic itself. New members as well as longtime nameproers hopefully will respect this request.

And may i just add that until this court decision is challenged the facts will remain as they are now. As far as myself personally is concerned the calls that were made to my wife and myself were uncalled for. And yes the day previously to me being in court on this case my wife was diagnosed with a form of cancer. I never asked for anyones pity, nor would I also i never asked for anything else so your accusations surrounding those facts are also unwarrented. Life's events do evolve prior to other events but asking someone to check dates and times would be too much to ask.

As far as my thoughts about specific companies are concerned that is my right. If you happen to work or own one of those companies my thoughts are too bad. And as far as any legal experts that may read or have read this thread are concerned I thought thats what the courts were for to make decisions, sure you can agree or disagree with those decisions but in the end what can you do about it? short of reopening / appealing the decision on behalf of the parties involved there is nothing you can do about the courts decision.

I am also very amused at the many many websites and URLs that have been posted.

Just want to finish up by making a blanket apology to anyone I may have offended in previous threads but I do regard myself as the type of person that will fight back and when pushed I will push back.

So in the end lets discuss the decision itself, if this request isnt acceptable then i respectfully request RJ remove this entire thread.

:wave:

 

[CWDigital]

wow...what a headache i have after reading this whole thread...you guys have way too much time on your hands!

 

[Badger]

Chris, youre just sooooo wrong.

I havent been so excited waiting for the next installment of this thread since, well, since JR was shot.....

Which poses another question, in relative terms, which one of us is Bobby, JR, Pammy, Sue Ellen etc .....

:lol:

so, can I ask a simple question, cos its killing me, is this you wlspro??

http://www.domainstate.com/showthread.php3?s=&threadid=11792

http://www.lowcostnames.com/cgi-bin/whois.cgi?owner=wlspro.com

And what happened to your web site if it is??

 

[wlspro]

LOL - no collieri it is not - but nice try

The real question here is this - are these domains registered by AG and if so why and what happened to those websites??

msn411.com - yahoo411.com - google411.com - nbc2004olympics.com - americavotes2004cnn.com - 1800hiltons.com - embassysuiteniagara.com - adsebsetalk.com

[edited] url for whois info removed to conform to Armstrong's rules
If you are sophisticated enough you can find the whois on your own.

These all have valid and famous trademarks incorporated in them.

 

[RJ]

WHOIS is public information. You can post links to a WHOIS server if you see fit, we're only asking that you do not post private information such as email addresses and phone numbers in the forum.

You can make the same point with a simple link such as
http://www.whois.sc/namepros.com

 

[wlspro]

RJ, providing a valid telephone number for your domain name registration is a requirement and not optional. You should update your info to ensure the registration of namepros.com is not cancelled.

This info is already listed in your ronjames.us registration.

You may also like to know that ronjames.net is being deleted soon.

 

[RJ]

This is somewhat off-topic, but if you look again, you'll see a valid phone number in the whois info for namepros.com. All the "NA's" are result of eNom's registrar transfer from NetSol, but the admin contact has all valid info.

:D

 

[e39m5]

Incase the whole googlee bear thing was never cleared up, i dont have time to search the whole thread and check, this is what i found.

Googly Bear is Mike Wazowski's nickname in the movie monsters inc.

See
http://www.epinions.com/content_47025852036
and
http://homepage.ntlworld.com/alm005/monsters inc.htm
for proof of that fact.

In a scene where mike wazowski was on a date with a girl, the girl called him "googly bear"

Its too late and the character wasn't in shrek or i would have had a chance at $100.

----

With this information I personally do not see any trademark violations

 

[wlspro]

Originally posted by e39m5
Incase the whole googlee bear thing was never cleared up, i dont have time to search the whole thread and check, this is what i found.

Googly Bear is Mike Wazowski's nickname in the movie monsters inc.

See
http://www.epinions.com/content_47025852036
and
http://homepage.ntlworld.com/alm005/monsters inc.htm
for proof of that fact.

In a scene where mike wazowski was on a date with a girl, the girl called him "googly bear"

Its too late and the character wasn't in shrek or i would have had a chance at $100.

----

With this information I personally do not see any trademark violations

In that case you may want to register GOOGLYMAIL.COM instead of GOOGLEEMAIL.COM which is still available for your taking.

Be forewarned that if you make commercial use of this domain name you may be found infringing on Disney & Pixar rights, in addition to Google's. Your acknowledgement of this mark as indicated in your thread would constitute bad faith registration and use in violation of UDRP as well as trademark laws.

Also GOOGLY is a registered trademark of K.C. Confectionery, Ltd., GOOGLY EYES of Klutz CORPORATION and OOGLY GOOGLY of, Marguerite Marshall.

 

[Scorpio]

Just a thought .. not related to this topic.. Is this the largest thread on NP...

 

[Coastalguy]

Originally posted by optimist
Just a thought .. not related to this topic.. Is this the largest thread on NP...

Currently:

Top Viewed...#5
Top Replied...#8

ST

 

[Dave_Z]

Originally posted by collieri
heres the thread, case anyones interested

http://www.domainstate.com/showthread.php3?s=&threadid=31084

:lol:

AG, dna, in a way (though not needed), you can "thank"
me for bringing JB & Wlspro here, though it was not
intentional. :hehe: (unless wlspro & JB already knew
of this forum but only decided recently to join the fray).

I first posted that because I thought it was something
for others to "emulate". But now, I'm no longer sure it
was something worth "emulating".

Originally posted by dna
This is the most interesting part of the thread:

Wlspro accuses davezan of being “affiliated with or
related to this AdsenseGuy trying to promote his scam.”

Davezan is intimidated and apologizes.

Wlspro graciously replies “No apology needed.”

Oh wait a minute, its Berryhill who says “No apology needed.”

Did you forget what part you were playing?

Excuse me, dna, but I was NEVER intimidated by
wlspro or anyone. And I doubt wlspro was accusing
me of anything (even if he did, so what?).

It's just that I later felt conscientious about having
started the thread after realizing the implications my
action that time created.

Like it or not, we all have a responsibility for every
action we take, including the words we post in forums
like these. And I definitely don't want to do anything
that'll undermine my credibility, especially when I
want to help someone in a domain name forum.

Originally posted by wlspro
... and the dance goes on

With no end in sight? :D

 

[Grrilla]

Goodness, it is becoming almost civil around here. I wonder if attendence will suffer.

The sub-theme is what particularly interests me here. I am curious about the true underlying intentions of some of the participants, and the real purpose that may be imbedded in some of the posts. How much, of this is actual Machiavellian scheming, and how much of it is merely the draw of a good p~ssing match?

And why is the speed of light finite? - and - Where does all of the energy and mass go to after entering a black hole?

Why am I here? Stimulates a particular thought process complex that needs to be exercised from time to time, and there are some posts that I am still getting a kick out of.

Peace to all of you.

 

[e39m5]

Has anyone tried searching googlee bear in google? Look at the first thing that comes up

 

[nametrekker]

I heard there was a funds raising presentation by the CENCOURSE team recently - it seems they are combining multimedia, mobile phones, education and entertainment - pretty cool stuff - first round financing?! I believe the main company is CENCOURSE with a few divisions (one called something Quest.) No comments from them regarding the GMAIL stuff - but it could get interesting.

THe Precision Research company seems to be doing lots of things based on the website - design, website, biz plans, and the owner seems to be a entrepreneur-whiz.

As I see it, only 3 applicants have a shot at the mark: CENCOURSE, which first filed for the mark and is in use, PRECISION RESEARCH, which filed a few days later and has claimed to have been using it since 1998? after the owner Milo Cripps abandoned his earlier application, and of course, GOOGLE. A slippery point, though, according to the USPTO database - why did Cripps abandon his gmail application in 1999 - if he thought it was such a valuable IP.

the other 2 applicants, the Brit company and Gospel Music, filed in other classes, newletters and publications, which shouldn't confuse people with email services. Interesting that the Brit company filed for g-mail - for email services in May --

whatever happens, this will be a lengthy decision, and why would GOOGLE want to go this route? Then, again, with all the cash they have now, they can do pretty much whatever they want.

I think Google is a great company, contrary to the opinions expressed here, but it just made a few mistakes during the growing pain process. and the service will probably be more popular that Yahoo's. As far as who gets GMAIL, this willbe determined by the USPTO - unless Google...

 

[Grrilla]

I think Google is a great company, contrary to the opinions expressed here

I'm w/ you, and if you were to take a vote, my bet is that most of the other members, including those posting here, would agree.

I mean, when you come right down to it, what a great service! Over the past 2-3 years I doubt that there ihas been another visible entity that has had more impact on the internet, and until recently, they have operated relatively snag-free. Even Google's detractors, must, at least, admire their rapid growth, and the sheer impact the company has had on the net, over such a short period of time..

But, in addition to admiration,- (this is not necessarily reflecting on the participants of this thread- that would be for them to determine)- familiarity and success, are often followed by contempt, imitation, and exploitation. My2c

 

[nametrekker]

GOOGLE is one of the great Internet stories - formed in a garage by graduate students - this not another NETSCAPE one wonder-hyped deal - this company has the potential to become another APPLE, with its unique culture, innovation, branding -
maybe it lacks a Steve JOBS as evangelist -- but what a story!

as far as the trademark imbroglios, they will deal with it. Remember Microsoft screwed up with xBox and had to make payment, if I recall - and APPLE had a problem with rendezvous

GOOGLE should have no problems with froogle, I'm feeling lucky - GMAIL - that's another story - actually, I'm surprised this didn't get more press - give the companies (the ones that filed before GOOGLE, with marks already in commerce) credit for not going to the Press -

let's hope GOOGLE's successful IPO will stimulate the tech economy and inspire more persons with creating innovative technology...

BRAVO to GOOGLE -- let's hope they remain clean at "doing no evil"

I was just told GOOGLE is now the owner of the Precison research domain, that the owner claims to have reached an agreement with GOOGLE - so maybe GOOGLE has already reached an agreement with the early claimants - end of story and maybe all the gmailers can rest easy now - if GOOGLE hasn't already reached an agreement with the companies that filed under email services, you can bet they will soon - at least I think - then they can get past the uncertainty and really develop a kickass email service. Changing the name won't be catastophic, but it would get out in the press, which is something it should avoid now that it's in the public eye -
one thing for certain - I'll bet Google files marks way in advance next time they announce the upcoming launch of a product or service - GO GOOGLE!

 

[Jeff]

Boy, I missed quite a bit here while on vacation ... :blink:

So the question of "why is a lawyer engaging in silly debates on the internet"? has the chicken and the egg reversed. Am I allowed to have fun?

The average person living to age 70 has 613,000 hours of life. This is too long a period not to have fun. -Author Unknown

Having fun is important, John ... hope you had that -and- did well in Vegas!
See you soon.
:wave:

 

[jberryhill]

A default judgment in a Canadian Small Claims Court with no jurisdiction over the defendant in the amount of $610?

That's it? Where's the part about getting the domain name back? (small claims courts, btw, generally can only order monetary relief to fixed, and low, limits, and cannot order injunctive relief - i.e. actually requiring people to *do* something)

And it took two weeks to post a pdf of a fax that was sent on the 14th?

There are a couple of things worth pointing out here, if anyone cares about how the real world works. First, Rule 4(k) permits a party to go to court in a specified jurisdiction (not any jurisdiction in the world) for a determination of whether the registration was lawful. You'll note that this small claims court proceeding only relates to recovery of a claim in the amount of $610 - the statement of facts supporting that claim to $610 is, of course, repeated verbatim from the plaintiff's statement of facts, since Google didn't bother, and didn't need to bother, to show up.

I'd love to see him try to collect that $610.

And as far as the accusation that I post under multiple identities, DNA. Would you care to put your name behind that accusation?

 

[dna]

J Berry Hill,

How nice of you to come back and threaten to sue me.
Just when I thought we were all done here.
I would prefer to think of what you call accusations
as legitimate questions, under the strange circumstances
in which you seem to be connected at the hip to
a lawyer that you don’t know. If a strange lawyer
followed me from forum to forum to help me
bully forum members who dared to disagree with
me, I think would ask him who he was.

However, I am quite happy to admit that I don’t have
any idea who Wlspro is, and I have no knowledge that
you post under multiple identities.

However, I would like to point out the lawsuit
that you said didn’t exist, does exist. The Googly Bear does
exist. Your charge that AdsenseGuy is a “snake-oil
salesman” is not proven. You have clearly defamed
AdsenseGuy’s character. Maybe you should worry about
AdsenseGuy suing you.