UDRP shopify.ai

[Igor Gabrielan]

Today the company Shopify started a dispute with me regarding the name shopify.ai .
I have many excellent arguments, which I will describe later.

 

[Reallybigidea.com]

This thread should be locked.
Absolutely dumbest domain reg.

 

[Samer]

Let's try a quiz

1. Look at these sunglasses, which have a single letter printed on the temple:

Who makes these glasses?

2. This car has two letters on it:

Who makes that car?

3. This car has three letters on it:

Do those three letters distinctly identify a particular brand of car?

4. Here's ANOTHER car with three letter on it. Same question:

5. Here's a building with three letters on it:

What sort of business do you think goes on in that building?

6. How about this building with three letters on it:

Any idea what goes on in there?

7. Here's a printer with two letters on it:

Can you tell who made that printer?

8. You turn on your television and you see this:

Do you know where that news is coming from?

9. What if you turn on your television and see this instead:

Where does that news come from?

-----------------------------------------------------------------------

Extra credit question just for Igor:

Here are three letters on a building in Zaporizhzhia. Do you know what company that is and what they make?

Now, sure, I don't expect everyone from every country to necessarily be able to identify those marks, but everyone, everywhere is surrounded by three, two and even one letter trademarks pretty much every day.

Great post, @jberryhill, one of my favorites.
Only blemish, i hate the old Kia logo.
It doesnt change your point; new kia logo’s slick

 

[Bertrell]

My "domainer-brain" takeaway(s) from this thread, with help from those who commented:

stupid a f

It doesn't make sense

This is just silliness.

This thread has become ridiculous

Sure, you're right. It's all rigged.

But strange.

available domain names at the time they register

AvailableAF|com (no image, sorry)

someone pretending to be ignorant

slightly bent

this particular brand name is already trademarked

TrademarkedAF|com (no image, sry)

 

[DigiNames]

Here is what will happen in this dispute as well:

'Fiverr.ai: Respondent’s claims didn’t sway experienced UDRP panelist'

https://www.namepros.com/threads/fi...didnt-sway-experienced-udrp-panelist.1298133/

 

[Igor Gabrielan]

Let's try a quiz

1. Look at these sunglasses, which have a single letter printed on the temple:

Who makes these glasses?

2. This car has two letters on it:

Who makes that car?

3. This car has three letters on it:

Do those three letters distinctly identify a particular brand of car?

4. Here's ANOTHER car with three letter on it. Same question:

5. Here's a building with three letters on it:

What sort of business do you think goes on in that building?

6. How about this building with three letters on it:

Any idea what goes on in there?

7. Here's a printer with two letters on it:

Can you tell who made that printer?

8. You turn on your television and you see this:

Do you know where that news is coming from?

9. What if you turn on your television and see this instead:

Where does that news come from?

-----------------------------------------------------------------------

Extra credit question just for Igor:

Here are three letters on a building in Zaporizhzhia. Do you know what company that is and what they make?

Now, sure, I don't expect everyone from every country to necessarily be able to identify those marks, but everyone, everywhere is surrounded by three, two and even one letter trademarks pretty much every day.

http://whois.ai/faq.html

10.UDRP

1. As of Jan 1, 2023 we do not accept UDRP challenges for domains where there is only 1, 2, or 3 characters before the ".ai".
   

 

[jberryhill]

As of Jan 1, 2023 we do not accept UDRP challenges for domains where there is only 1, 2, or 3 characters before the ".ai".

Your point being what?

As a ccTLD, they can adopt whatever rules they want.

How many letters are in "shopify"?

 

[Igor Gabrielan]

Your point being what?

As a ccTLD, they can adopt whatever rules they want.

How many letters are in "shopify"?

In this thread, not only "shopify" is discussed. It is in this subtopic that "shopify" is irrelevant. I expressed the opinion that it is illogical to make claims to names consisting of three characters or less. You gave counterexamples when brands consist of one, two, or three characters. But Anguilla took my side, as it turns out, even before this discussion. Apparently, the owners of one-, two- and three-character domains may not be afraid of rich companies. In Anguilla, I was told about this when I informed them that Elon Musk had started using the domain x.ai for his new company xAI and that I had requests to buy my domain xai.ai .
They even started asking me xverse.ai and brainx.ai
I have xxxx.ai and elon.ai also.
Once upon a time I sold xxx.ai for $27,182 (10,000 Eulers).

 

[jberryhill]

But Anguilla took my side, as it turns out, even before this discussion.

Unsurprisingly, because they have had a financial interest in the sale of those domain names and, as a ccTLD, they can craft their policies however they'd like.

The problem with believing they "took my side" however, is that they give themselves the complete discretion to do anything they want - completely apart from their variation of the UDRP:

http://whois.ai/faq.html

12. Grounds for suspending or revoking a domain
While we want lots of .ai domain sales as it raises significant money for The Government of Anguilla,we do not want any scammer domains tarnishing the reputation of Anguilla or ".ai".If people know of scam sites in ".ai" domains please report them.The Government of Anguilla reserves the right to remove or suspend any domain.This is usually due to one of the following or similar scamish actions:

1. Anything that would be illegal in Anguilla
2. porn that would be illegal in Anguilla, like child porn, revenge porn, etc.
3. violating copyrights
4. Hate speach site. Any site just hating on some group.
5. Phishing - for example pretending to be another site to get users to enter username and password
6. Has logos or trademarks from a company when they are not affiliated with that company
7. Dishonestly making false representations for financial gain
8. any site promising to help people get rich quick for a fee
9. anything looking like a pyramid scheme, ponzi, or multi-level-marketing site (mlm)
10. Doing any of the following without an Anguilla license to be a bank, broker, public company, ICO, exchange, or gambling site
    1. Holding client deposits
    2. managing investments for clients
    3. offering guaranteed returns of any rate
    4. asking for investors
    5. offering trading or exchange services for stock, bond, crypto or other similar markets
    6. any kind of gambling
    7. any site for attacking other sites, like DDOS or other
11. Any sites on a list of scam sites will be suspended.
12. Sites reported by reputable domain monitoring agencies
13. if owner of the site has done any of the above with previous domains (even non .ai domains) we can disable a current domain

-------

The link to "any sites on a list of scam sites" is interesting, since it links to the Ukraine securities and stock market commission. So, any site that the Ukraine securities regulator puts on that list is going bye-bye.

The list also includes "trademarks".

So, sure, they have a modified UDRP. But they also give the governments of Ukraine and Anguilla the ability to revoke any domain registration which they believe is a scam or which they have been per$uaded violates a trademark.

It's the basic problem with ccTLDs. On the one hand, ICANN policies don't apply. But, and I've been in this business for a very, very long time, ccTLD administrators and their policies have a tendency to change rapidly. There have been many instances of domain investors taking significant positions in ccTLD names, and then having the rug pulled out from under them just as quickly.

.IN deciding to ban domain sales outright, is a good example of that. They have their own trademark dispute policy too. But, and as bad as some of those decisions have been, the .IN registry is going to take away a lot of domain names in the near future - trademarks or no trademarks.

If someone with more influence than you convinces someone in Anguilla to pull the plug on your name, then you are going to lose that name.

 

[jberryhill]

By the way, this thread started with your various "excellent arguments" that were going to win your .ai domain dispute, but I don't even see the case listed:

https://www.wipo.int/amc/en/domains/casesx/list.jsp?prefix=DAI&year=2023&seq_min=1&seq_max=199

Case Number	Domain Name(s)	Commencement Date	Case Status
DAI2023-0001	carrefour.ai	-	Terminated
DAI2023-0002	amundi.ai	-	Terminated
DAI2023-0003	carestack.ai	-	Terminated
DAI2023-0004	kink.ai	-	Decided
DAI2023-0005	russellbrunson.ai	-	Decided
DAI2023-0006	carvana.ai	-	Terminated
DAI2023-0007	bayer.ai	-	Terminated
DAI2023-0008	leclerc.ai	-	Terminated
DAI2023-0009	boehringer-ingelheim.ai	May 10, 2023	Pending
DAI2023-0010	sage.ai	June 13, 2023	Pending
DAI2023-0011	bforbank.ai	June 20, 2023	Pending
DAI2023-0012	mphasis.ai	Compliance Review Pending	Pending
DAI2023-0013	infosys.ai	Compliance Review Pending	Pending
DAI2023-0014	astonmartin.ai	Compliance Review Pending	Pending

 

[Igor Gabrielan]

As for Ukraine, it's easy to guess it was my doing. These were some kind of scammers from Russia who had infiltrated, among other things, the Ukrainian market, and I helped drive them out. But this is just an example. Of course, Ukraine has no special influence on the .ai domain.

 

[Igor Gabrielan]

My case is not on the list because I gave the name without a fight.

 

[Igor Gabrielan]

I am surprised by the claim to the name "sage". It's a common word, very naturally associated with AI. I believe that the current owner of this name should win the dispute and keep the name.
Just like the owner of the name "kink" won the case.

 

[Igor Gabrielan]

If someone with more influence than you convinces someone in Anguilla to pull the plug on your name, then you are going to lose that name.

That is, for example, Elon Musk can try to take away my name xai.ai?

 

[Igor Gabrielan]

The list also includes "trademarks".

The image is meant, not the word (domain).
That is, if I made a website with the name car.ai and the logo of a famous car company, this website could be closed, and the domain would probably be taken away.

 

[Igor Gabrielan]

The point 3

1. violating copyrights

scares me a little.
Can't this hide a possible claim to a three-character domain?