discuss SEDO and their effed TM policy

[NameOmnia]

10 minutes ago I was trying to add some names to my Sedo portfolio and with my surprise one of them was flagged as a TM infringement, therefore the system refused it.

I have no secrets and the name that was refused is LVMJ ( Las Vegas Marijuana / LoVe Marijuana etc... ).

Ok, let's contact them ( as the system suggested ). I clicked on the link that took me to a form; filled the form with my details, the incriminated name, my message etc then I go to the submit button. Clicked it.

" Your message can't be sent " WTF? Clicked again..." your message can't be sent "

Let's chat with them then jeeee...

Ian is my customer representative and I explained to him that I was trying to add lvmj to my account and that a supposed TM infringement forbade me. " Let me check " he said.
Ian then turns into a big sized ahole all of a sudden pasting some nonsense like I am the seller and I am responsible.......that SEDO bla bla... a lot of crap.

So I kindly asked him to show me what TM I was infringing as WIPO and the rest of the internet didn't show ANY tm for my name. " No I can't " he said...triple wtf? " Why? " I asked and while becoming an even bigger ahole he then pasted something else about my effing responsibilities.

" I am your customer so please tell me what what TM I am infringing as there is nothing on the internet "
" NO " he said. " Anything else I can assist you with?" " Yes, send me a copy of this chat to my email so I can blast the internet with your nonsense " " You will get one automatically "

Do you think I got the email? NO WAY, but they sent me one to rate my recent experience.
Now I am going to have some fun.

 

[NameOmnia]

Hi, my name is Ian. How may I help you?
ME: Hi Ian
ME: I was trying to add lvmj.com to my account but the system wouldn't let me
ME: due to a supposed TM infringement????
Ian: Let me take a look.
ME: thanks
Ian: Unfortunately this domain cannot be listed for sale on Sedo due to trademark restrictions. This decision is not intended to dictate the business of others; rather, it is intended only to affect business conducted through Sedo’s services. You may still work with this domain elsewhere at your own discretion.

Please keep in mind, this is to protect both Sedo, and yourself as the owner.
ME: what TM am I infringing sorry?
Ian: Please keep in mind, it is a seller’s responsibility to conduct research regarding possible trademarks or intellectual property that may be associated with his/her domain.

It is also a buyer’s responsibility to do any and all research of the same before acquiring a domain through Sedo’s services. Please refer to Sedo's Terms of Use for more information. Sedo cannot advise on these matters.

You can find more information regarding how trademarks relate to the domain industry by going to Sedo.com > Resources > Domain Law.
ME: THERE ARE NO TM IN THE WIPO WORLDWIDE DATABASE
Ian: I'm sorry, we can't assist further.
Ian: You might wish to hire a trademark attorney.
ME: what?
ME: there are no TMs registered for this domain
Ian: I'm sorry, we disagree.
Ian: you're welcoem to own or sell this domain
Ian: but you can't sell it on Sedo.
ME: can you show me the TM please
Ian: No.
Ian: I can't.
ME: why?
Ian: Because it's your responsibility to cover all legal issues.
ME: you say there is a TM while the global TM search says there isn't. I am your customer so please inform me what TM I am infringing
Ian: No.
Ian: Is there anything else I can help with?
ME: Send me a copy of this chat to my email
Ian: you'll get one automatically
Ian: once the chat ends.
ME: So I can blast the internet with your nonsense
Ian: OK.
Ian: Was there anything else?
ME: and your horrible customer service
Ian: I'm sorry you're unhappy.
ME: no have a nice day
Ian: OK, have a good day then!

 

[Hypersot]

exactly same story here
tried to show them via screenshots that name had no TM issues (from various TM checking websites) but still they insisted that domain was infringing and, no, they couldn't say details

 

[NameOmnia]

exactly same story here
tried to show them via screenshots that name had no TM issues (from various TM checking websites) but still they insisted that domain was infringing and, no, they couldn't say details

But is it just me or this attitude is completely f****d???

 

[Hypersot]

But is it just me or this attitude is completely f****d???

it's not just you, that kind of behaviour is becoming more of a trend lately

 

[Nattydomain]

Check to see if it has to do with Las vegas Michael Jackson. Could be part of a tm with a show name or promotion company.

 

[forge]

It could be Las Vegas Magazine. They DO have a couple of live TMs on "LVM".

I had the same thing with Sedo with a LLLL that contained MSN.

 

[NameOmnia]

The only thing I could possibly think of is
LVMH
which is a Louis Vuitton TM and they are extremely aggressive in protecting it.
My idea is that they considered lvmj as a possible typo but still..
I think they are completely gone.

 

[forge]

The only thing I could possibly think of is
LVMH
which is a Louis Vuitton TM and they are extremely aggressive in protecting it.
My idea is that they considered lvmj as a possible typo but still..
I think they are completely gone.

Ugh, Louis Vuitton... I think you nailed it right there.

 

[NameOmnia]

Ugh, Louis Vuitton... I think you nailed it right there.

I am not worried because they can't do anything unless you sell something LV related or replicas. If you use it for marijuana or whatever else but the frigging bags ( and all their branded material of course ) nothing can be done.
They patent the use of them.
Also the registered TM is for LVMH not LVMJ

 

[JB Lions]

.. wrong one, had it happen before with one of mine

 

[discobull]

I'm surprised by this. There have been several occasions where Sedo's system mistakenly flagged my submissions, but when I phoned them they've always researched the domains and then unblocked them.

It's possible that this guy was just being a jerk and that a different customer rep would have handled things differently. On the other hand, if Sedo does in fact believe that your domain is a TM violation it makes sense that they wouldn't tell you about it because I can't see them wanting to run the risk of ending up engaging in legal debates with their customers.

That being said, this rep obviously handled things very poorly.

 

[NameOmnia]

Sedo does in fact believe that your domain is a TM violation

Shouldn't beliefs be supported by evidence? I mean if there are NO registered or pending TM in the world how can they just say IT IS a TM infringement?
I mean, it's either there is a registered TM or there is not!

 

[discobull]

Shouldn't beliefs be supported by evidence? I mean if there are NO registered or pending TM in the world how can they just say IT IS a TM infringement?
I mean, it's either there is a registered TM or there is not!

I didn't mean to use the word "belief" in the sense that you use it here. What I meant to say is that if they have evidence to suggest that there is in fact a TM issue, I can see why they wouldn't want to share that info with you.

 

[NameOmnia]

I didn't mean to use the word "belief" in the sense that you use it here. What I meant to say is that if they have evidence to suggest that there is in fact a TM issue, I can see why they wouldn't want to share that info with you.

I apologize if I look a bit thick here..
What other evidences do possibly exist apart from registered / pending TM files? Honestly I don't understand and I would be very happy if someone can tell me.
MY understanding is that they must have a data base that flags even typos or that shows what brands are extremely aggressive in protecting their names and they simply forbid you to list them They just want to play super safe even when there is nothing to worry about.
Flagged names happened to me before but after contacting them they listed them very quickly; I can't understand what the hell happened this time.
Note that I listed the name on Afternic with no issue at all.

 

[discobull]

I apologize if I look a bit thick here..
What other evidences do possibly exist apart from registered / pending TM files? Honestly I don't understand and I would be very happy if someone can tell me.
MY understanding is that they must have a data base that flags even typos or that shows what brands are extremely aggressive in protecting their names and they simply forbid you to list them They just want to play super safe even when there is nothing to worry about.
Flagged names happened to me before but after contacting them they listed them very quickly; I can't understand what the hell happened this time.
Note that I listed the name on Afternic with no issue at all.

I don't work for Sedo so I'm not privy to their sources of information. If it was my domain, I'd try again with a different rep, but, ultimately, if they refuse to list your domain it doesn't matter whether they're right or not about the TM infringement. It's their site and they get to make those calls whether we agree with them or not.

 

[forge]

All that business about knockoff fraudulent goods e.g. designer handbags being sold on the internet that infringe on brands like L. Vuitton is something that Sedo may not want to worry about.

Otherwise I wouldn't be concerned about the domain, as long as it isn't parked with ads related to those type goods.

 

[Dave_Z]

The only thing I could possibly think of is
LVMH
which is a Louis Vuitton TM and they are extremely aggressive in protecting it.

I immediately thought Louis Vuitton after seeing the letters you posted, but only because I know LV is indeed aggressive about protecting their brand.

I sorta agree with discobull's explanations, especially after having dealt with similar issues (and similar arguments, hehe) in my past registrar work.

Personally, I think the rep handled your query as best as s/he could. Just happened that his or her answers weren't satisfying, especially when you understandably pressed for specifics. Alas, your asking specifics bordered on legal issues — something that some (if not many) companies are wont to answer.

In any case, at least you have an idea what caused this issue.

 

[NameOmnia]

I think he also just happened to be an arrogant ahole but never mind.

I still think the issue doesn't exist also considering Afternic listed it without even blinking an eye. beside that SEDO was the one having IPhonesomething listed at auction not long ago so I think that the guy was just an ignorant prick.

It is not a problem though, as I am not planning on using the name to sell TMed bags or replicas; I am Italian and I will never be blaspheme about Fashion Gods! :P

 

[venturefile.com]

I don't work for Sedo so I'm not privy to their sources of information. If it was my domain, I'd try again with a different rep, but, ultimately, if they refuse to list your domain it doesn't matter whether they're right or not about the TM infringement. It's their site and they get to make those calls whether we agree with them or not.

This.. If they decide to not accept it, it is their choice and I would just move on to a different venue..