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.

 

[Igor Gabrielan]

You're still trying to warp reality, but common sense doesn't work that way.

That's why you need to wake up from your deep sleep.

This is a meaningless statement that does not contain any arguments.
The same can be said about opponents with the same success.

 

[Igor Gabrielan]

It is not known whether such a trademark is registered in Anguilla.

 

[M999]

@Igor Gabrielan​

This thread is ridiculous. Your registration of this domain is the type of action that pits many against "domainers".

Just transfer the name to shopify and move on. You should have never registered this domain in the first place.

YOU KNOW ALL OF THIS - YOU KNOW BETTER.

 

[Altetra]

Hi Igor
Honestly, yes they want to take your domain, but you can see that Shopify is known mark worldwide, you should sell it at 5K so they not open the UDRP and pay it to ICANN.
There are better names out there, which Shopify even did not dream off. Are you interested to invest in the secret that caused your country to be in war? Need only 10 domainers to invest 10K each and find out the most important keywords in the world, if we are lucky we even may buy cheap the com, net and org from their stupid owners, until is not too late.

 

[Igor Gabrielan]

@Igor Gabrielan​

This thread is ridiculous. Your registration of this domain is the type of action that pits many against "domainers".

Just transfer the name to shopify and move on. You should have never registered this domain in the first place.

YOU KNOW ALL OF THIS.

How does this domain fundamentally differ from "storify.ai"? I am sure that the person who registered storify.ai would have also registered shopify.ai, if this name had been there at that time. He is not required to know about the existence of the company Shopify.

 

[Igor Gabrielan]

Compared to 2005, the technique of domainers has improved a lot, and now words like "shopify" are registered automatically, as they consist of a very usable root and a standard suffix. I am sure that it would have been registered even if there was no company Shopify or if the domainer did not know about such a company.
Funny: company Stor.ai offered me 200 dollars for store.ai so that they would not lose their emails.

 

[Igor Gabrielan]

Honestly, yes they want to take your domain, but you can see that Shopify is known mark worldwide, you should sell it at 5K so they not open the UDRP and pay it to ICANN.

It is impossible to sell this name now, it is blocked by Anguilla due to the complaint of the company representative. By the way, I never claimed that this name is for sale.

 

[Igor Gabrielan]

There is such an anecdote.
The hunter is asked what will you do if you meet a wolf?
- I'll shoot!
What if you don't have a gun?
- I'll cut it.
What if you don't have a knife?
-I'm going to climb a tree.
What if there is no tree nearby?
-Who are you for, for me or for the wolf?

 

[Igor Gabrielan]

Just received an email. I see the word "copyright" in the title.
I think - again!
Turns out they want to buy my name copyright.ai .

 

[Mize]

This is interesting. This is not legal advice. Maybe @jberryhill will comment.

For domains in general:

Assuming the trademark has not be intentionally infringed upon:

If the complainant never existed, is it reasonable to believe that the domain has value to at least one other party?

If the answer to that question is yes, then the complainant is in line for a desirable domain (trademark is irrelevant if not being infringed upon).

This is called: Multiple Potential Buyers Rule (and has not yet been commented on by a lawyer so could be invalid)

If anyone can improve this rule or name...please do so.
----------------------------------------------
Something further: If the answer to the above question is "yes" then seems to be attempted theft.

This is not meant to be false hope for you...just something that needs to be pondered.

 

[Igor Gabrielan]

This name would be 100% likely to be registered even if Shopify company never existed since the word is formed according to the rules of the English language from a very common root "shop" and a standard suffix "ify". Billions of people and thousands of domainers have never heard of the existence of a Canadian Shopify company. These people and domainers do not have a legal obligation to search for companies around the world in order to exercise their right to register a domain name. I have never offered Shopify company or anyone else to buy this domain name.
I cannot even now determine whether Shopify company operates, whether it has registered trademarks in my country (Ukraine), and in the country of registration of the domain name (Anguilla).

 

[Igor Gabrielan]

I can say with confidence that in my locality, where the population is larger than in Anguilla, no one has heard of this Canadian company, neither the merchants for whom this company seems to work nor even the buyers. Why do they think that I should have heard of them?

 

[Igor Gabrielan]

Why can't I register a domain name in Anguilla while in Ukraine if there is a company with a similar name somewhere in Canada?

 

[frank-germany]

why would you even bother a lawyer
with that thread ?

it is as stupid as stupid can be

 

[Igor Gabrielan]

The lawyers were only concerned about the company Shopify.
Apparently, they do not consider this problem simple, since they decided to hire lawyers for the dispute.

 

[Igor Gabrielan]

The applicant filed a complaint with Canadian International Internet Dispute Resolution Centre (CIIDRC)
https://ciidrc.org

I consider it unfair for a dispute between a Canadian entity and a non-Canadian entity to be held in a Canadian entity. This should be considered in a neutral country. How can I withdraw?

 

[frank-germany]

The applicant filed a complaint with Canadian International Internet Dispute Resolution Centre (CIIDRC)
https://ciidrc.org

I consider it unfair for a dispute between a Canadian entity and a non-Canadian entity to be held in a Canadian entity. This should be considered in a neutral country. How can I withdraw?

1.) think
2.) have a plan
3.) register a domain

 

[Mize]

For domains in general, you have to stay out of the lane of the trademark holder.
If you are not in their lane, they should not prevent you from driving.
BUT, you choose your battles.

 

[Igor Gabrielan]

For domains in general, you have to stay out of the lane of the trademark holder.
If you are not in their lane, they should not prevent you from driving.
BUT, you choose your battles.

But there is no legal obligation for a domainer to check if there are registered trademarks similar to his domain.

 

[Mize]

Check for trademarks. Don't use the domain in a way that infringes on trademarks. If making soup is not part of the trademark, then make soup.