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]

Truth is always concrete. Here we are talking about one specific domain.

 

[Igor Gabrielan]

Why are these extremes?
Jberryhill showed how clearly the conveyor for taking names works.
This is how well-lubricated conveyors work.

​

 

[jberryhill]

Maybe those who lost simply did not find a lawyer who could bribe officials.

This guy can't find a lawyer who pays bribes:

Incidentally, that's a headline from a Turkish news site after he lost the togg.com dispute.

The largest gold mining and refining company in the world doesn't know how to pay bribes?

A Dubai commercial property developer doesn't know how to pay bribes?

Mercedes - which used concentration camp inmates to build cars and provides vehicles to every corrupt dictator on earth - doesn't know how to pay bribes?

My goodness. Someone ought to teach these people how to pay bribes!

 

[Igor Gabrielan]

By the way, in order to get a surname, Gabrielan, I paid a bribe. I paid not even through a lawyer but through the so-called runner. A runner is a person who enters offices. He took money from me, ran around the offices with them, and I got this surname. So do not say that I do not understand the mechanisms of bribes.
Are there runners in North America? Or are all such issues decided by lawyers?

 

[jberryhill]

Jberryhill showed how clearly the conveyor for taking names works.

WTF are you talking about?

Because Shopify is a well-known e-commerce platform around the world, a lot of scammers, spammers and cybersquatters register "shopify" domain names in order to scam, spam and cybersquat. That's what happens when you are the owner of a famous distinctive made-up trademark and you deal in e-commerce.

Consequently, they file a lot of cases and they win them. They haven't even filed a lot of them, compared to other well-known companies.

I guess Lego is paying bribes all of the time in order to advance the international toy building-block conspiracy:

Domain	Case	Date	Decision
legopokemon.com	WIPO D2022-4707	2023-01-31	Transfer
legos.network	WIPO D2022-4702	2023-01-25	Transfer
slotlego.live	WIPO D2022-4491	2023-01-17	Transfer
legoprecast.com	WIPO D2022-4207	2022-12-27	Transfer
legosale-us.com	WIPO D2022-3338	2022-11-16	Transfer
de-lego.site	WIPO D2022-3335	2022-11-01	Transfer
anylego.com	WIPO D2022-3337	2022-11-01	Transfer
shoppinglego.com	WIPO D2022-3025	2022-11-01	Transfer
legosticker.site	WIPO D2022-3083	2022-10-24	Transfer
brickmanlego.com	WIPO D2022-3068	2022-10-20	Transfer
legometaworld.com	WIPO D2022-3035	2022-10-16	Transfer
metaverselego.com	WIPO D2022-3019	2022-10-06	Transfer
legometa.com	WIPO D2022-2904	2022-10-06	Transfer
legocom.com	WIPO D2022-2829	2022-10-05	Transfer
mylego.shop	WIPO D2022-2584	2022-09-07	Transfer
legocome.store	WIPO D2022-2213	2022-08-19	Transfer
gachbetonglego.com	WIPO D2022-2139	2022-08-01	Transfer
legopop.art	WIPO D2022-1989	2022-07-21	Transfer
thelego.group	WIPO D2022-1315	2022-07-11	Transfer
lego2sex.website	WIPO D2022-1560	2022-07-05	Transfer
secondlego.com	WIPO D2022-1733	2022-07-01	Transfer
dailybuglelego.com	WIPO D2022-1344	2022-06-30	Transfer
discount-lego.com	WIPO D2022-1742	2022-06-28	Transfer
legoshops.com	WIPO D2022-1562	2022-06-23	Transfer
legoartnft.com	WIPO D2022-1284	2022-06-22	Transfer
iranlego.com	WIPO D2022-1329	2022-06-16	Transfer
lego.green	WIPO D2022-1331	2022-06-13	Transfer
legoedu.com	WIPO D2022-1295	2022-06-13	Transfer
lego-dvd.com	WIPO D2022-1332	2022-06-09	Transfer
legobtc.com	WIPO D2022-1349	2022-06-07	Transfer
lego-edu.com	WIPO D2022-0729	2022-04-25	Transfer
legoonlines.com	WIPO D2021-3817	2022-02-18	Transfer
lego-app.com	WIPO D2021-4145	2022-02-09	Transfer
thelegogroup.com	WIPO D2021-4146	2022-02-01	Transfer
legohouse.tech	WIPO D2021-3819	2022-01-27	Transfer
legoinstrucions.com	WIPO D2021-3818	2022-01-12	Transfer
ezylego.com	WIPO D2021-2602	2021-11-03	Transfer
yourlegohouse.com	WIPO D2021-2595	2021-10-29	Transfer
bestlegodeals.com	WIPO D2021-2393	2021-10-27	Transfer
legobricks.fun	WIPO D2021-2245	2021-10-24	Transfer
legohub.store	WIPO D2021-2675	2021-10-15	Transfer
golegoland.com	WIPO D2021-2515	2021-10-11	Transfer
legosore.com	WIPO D2021-2659	2021-10-08	Transfer
legoonline.store	WIPO D2021-2244	2021-10-07	Transfer
legoip.com	WIPO D2021-2354	2021-10-04	Transfer
legogroup.org	WIPO D2021-2641	2021-09-29	Transfer
legoshop.shop	WIPO D2021-2060	2021-09-20	Transfer
legohouse.co	WIPO DCO2021-0060	2021-09-20	Transfer
legosets.shop	WIPO D2021-2379	2021-09-17	Transfer
legoiran.com	WIPO D2021-2284	2021-09-14	Transfer
www-lego.co	WIPO DCO2021-0058	2021-09-13	Transfer
kidstoyslego.com	WIPO D2021-2391	2021-09-13	Transfer
legolaand.com	WIPO D2021-2004	2021-09-08	Transfer
shoplegoshop.com	WIPO D2021-2209	2021-09-06	Transfer
legocraft.tech	WIPO D2021-2246	2021-08-26	Transfer
legonew.com	WIPO D2021-2104	2021-08-26	Transfer
legowear.shop	WIPO D2021-1882	2021-08-25	Transfer
lego-harrypotter.site	WIPO D2021-2061	2021-08-24	Transfer
legobrick.link	WIPO D2021-2062	2021-08-24	Transfer
lego-shop.top	WIPO D2021-2057	2021-08-23	Transfer
legokand.com	WIPO D2021-1814	2021-08-13	Transfer
legolqnd.com	WIPO D2021-1813	2021-08-03	Transfer
legobaby.shop	WIPO D2021-1645	2021-07-26	Transfer
legostore.wang	WIPO D2021-1224	2021-07-19	Transfer
lego-official.com	WIPO D2021-1641	2021-07-19	Transfer
lego-au.com	WIPO D2021-1667	2021-07-19	Transfer
applelego.com	WIPO D2021-1424	2021-07-09	Transfer
legoshop.fun	WIPO D2021-1132	2021-06-09	Transfer
shopslego.store	WIPO D2021-0789	2021-05-03	Transfer
legocon.com	WIPO D2021-0738	2021-04-29	Transfer
legofigur.com	WIPO D2020-3418	2021-04-12	Transfer
legosenthusiast.com	WIPO D2021-0563	2021-04-12	Transfer
amzlego.best	WIPO D2020-3305	2021-04-03	Transfer
legoland.blog	WIPO D2020-3071	2021-04-02	Transfer
legotoysbuy.com	WIPO D2020-3497	2021-03-25	Transfer
legobahisbonus.com	WIPO D2020-3400	2021-03-20	Transfer
legoenligne.com	WIPO D2021-0170	2021-03-15	Transfer
legoonline.top	WIPO D2021-0065	2021-03-15	Transfer
legomovie.xyz	WIPO D2020-3415	2021-03-09	Transfer
lego.page	WIPO D2020-3326	2021-02-08	Transfer
museumoflego.com	WIPO D2020-2616	2021-01-20	Transfer
axlego.com	WIPO D2020-3404	2021-01-18	Transfer
lego.rest	WIPO D2020-3046	2021-01-12	Transfer
legomovie.store	WIPO D2020-2457	2020-11-30	Transfer
deslego.com	WIPO D2020-2472	2020-11-16	Transfer
blocklego.com	WIPO D2020-2355	2020-11-05	Transfer
legopromotion.com	WIPO D2020-2380	2020-11-02	Transfer
lego-nvzhuang.com	WIPO D2020-2350	2020-10-26	Transfer
mylego365.com	WIPO D2020-1695	2020-09-19	Transfer
lego-lepin.com	WIPO D2020-1694	2020-09-08	Transfer
casinolego.com	WIPO D2020-1711	2020-09-07	Transfer
prolegostore.com	WIPO D2020-1771	2020-09-04	Transfer
legoshop.best	WIPO D2020-1696	2020-08-31	Transfer
legogruop.com	WIPO D2020-1752	2020-08-26	Transfer
smartlego.club	WIPO D2020-1773	2020-08-26	Transfer
legostore.work	WIPO D2020-1706	2020-08-24	Transfer
lego-lepin.info	WIPO D2020-1395	2020-08-10	Transfer
lego-france.com	WIPO D2020-1351	2020-08-03	Transfer
milolego.com	WIPO D2020-1369	2020-07-28	Transfer
legotoys.online	WIPO D2020-0895	2020-07-06	Transfer

Those are just 100 out of the hundreds of UDRP cases that Lego has filed!

Seriously, click on the link:

https://www.dndisputes.com/search?complainant_name=lego

What it shows is that successful, well-known trademark owners attract a lot of cybersquatting, bring a lot of cases, and win them because they are successful well-known trademark owners. Again, being successful and well-known is one of the factors that makes a trademark strong.

But, wow, who knew that a toy maker was the global epicenter of judicial corruption?

Sure, you're right. It's all rigged. You better get out of this business and find something else to do because it is obviously all stacked against you.

 

[Igor Gabrielan]

I now decided to check the names like this.

ai.com

Did the word "lego" exist before the company Lego was founded?

No, the word "Lego" did not exist before the company Lego was founded. The word "Lego" was coined by the company's founder, Ole Kirk Christiansen, in 1934. The name "Lego" is derived from the Danish words "leg godt," which mean "play well." Initially, the company produced a variety of wooden toys and later switched to plastic toys, including the now-iconic Lego bricks, which were first introduced in 1949. Since then, the Lego brand has become synonymous with its colorful interlocking building blocks and has become one of the most recognized and beloved toy brands in the world.

 

[Igor Gabrielan]

But strange.
Google Translate: lego (Catalan) -> I read

And

Catalan government tells Lego: don’t toy with our language

Unrelated facts, but interesting

What's with the domain lego.cat ?
In Catalonia, and therefore all over the world, can you register lego for books?

 

[Igor Gabrielan]

ai.com

Did the word "lyft" exist before the company Lyft was founded?

Yes, the word "lyft" existed before the ride-sharing company Lyft was founded. "Lyft" is a word in English that means to raise something or someone up or to give someone a lift. It is derived from the Old Norse word "lypta," which means "to raise." The company Lyft chose this name as a play on words to emphasize its mission of providing rides to people who need to be lifted or raised to their destinations.

 

[jberryhill]

Did the word "lego" exist before the company Lego was founded?

Who cares? It is a contraction of "leg godt" which means "play well" in Danish. So, to the folks who adopted the brand, it sounded like "play well".

The words "red bull" existed before that company was founded, but I'm certain everyone reading this page happened to think of a particular drink in a can when they saw those two words.

You seem to have this notion that a trademark needs to be "invented" by the company using it.

Generations of people were named "FORD" before Henry Ford started a car company, too. So what?

The name "McDonalds" existed, and still exists among people with that name.

The name "Starbucks" was a character in a novel that the founder of the coffee chain liked.

The word "Apple" certainly existed too.

Absolutely "lyft" sounds like "lift" and "Uber" is certainly a word in German with a long history.

I don't know why you think these things matter, but you can carry on with your imaginary ideas about trademarks and domain disputes.

I just feel bad that I've spent two decades defending domain registrants using arguments, evidence, logic and the law, when it would have been so much easier just to pay bribes.

Oh well, too soon old, too late smart for me.

I bow to your genius and clearly superior knowledge of a subject in which I've been working for decades.

 

[Igor Gabrielan]

ai.com

Google Translate translates the word "lego" from Catalan as "I read". This is right?

No, Google Translate's translation of "lego" from Catalan to English as "I read" is not correct. The Catalan word for "I read" is "llegeixo".

As I mentioned earlier, "lego" does not have a commonly recognized meaning in Catalan. It is possible that Google Translate's algorithm is incorrectly interpreting the word "lego" as a conjugation of the verb "llegir" (to read), but this would be a mistake.

It's always a good idea to double-check translations and use reliable sources when learning a new language.

 

[Igor Gabrielan]

A company can register a trademark from existing words, but then they will have fewer arguments in domain disputes. So, Shopify's lawyers use as an argument that the word "shopify" was invented by the company.
You apparently do not have the knack for solving issues with bribes, but this does not mean that your colleagues are also honest and clumsy.

 

[jberryhill]

Google Translate translates the word "lego" from Catalan as "I read". This is right?

It might mean all things in all kinds of languages. So what?

Obviously, nobody who registered any of those hundreds of domain names was promoting reading in Catalonia, so it doesn't matter.

 

[Igor Gabrielan]

ai.com

Are there lawyers in North America who solve problems by giving bribes to judges?

No, it is not legal or ethical for lawyers in North America to solve problems by giving bribes to judges. The legal system in North America is based on the rule of law and upholding the principles of justice and fairness, and bribery is a criminal offense that can result in severe legal consequences for both the bribe giver and the bribe taker.

In North America, lawyers are expected to uphold the legal and ethical standards of the profession, and their conduct is regulated by state bar associations and other professional organizations. Lawyers who engage in illegal or unethical conduct, including offering bribes to judges, can face disciplinary action, loss of their license to practice law, and even criminal charges.

While there may be instances of corruption and bribery in any country or legal system, it is important to note that such conduct is not condoned or tolerated in North America, and the vast majority of lawyers and judges are committed to upholding the integrity of the legal system.

 

[jberryhill]

So, Shopify's lawyers use as an argument that the word "shopify" was invented by the company.

So? It probably was. But it doesn't matter one way or the other.

And, like even some English speakers, you might have a wrong definition of the word "invented".

To invent something is to come up with an idea on your own.

That doesn't mean that no one has ever thought of it before. You'll notice that's why, for example, US patent law refers to the "first to invent" something. Because people independently invent things all of the time.

But it simply doesn't matter. You go find an English dictionary with "shopify" in it, and get back to us on that. Since you previously mentioned that you had a list of English words ending in -ify, go look at that. Is "shopify" on it? No? Well I guess that's your answer then.

Anyway, I did not want anyone who might be reading this thread to walk away with the notion that you had any idea what you are talking about, and then decide to go out and do dumb things. I believe that purpose is accomplished.

Carry on.

 

[Igor Gabrielan]

I agree that in the current corrupt system it is desirable to check names before registering for a chance match with some rich company, because they are difficult to deal with. I gave the name. It's probably worth checking to see if this company has a well-oiled name-taking pipeline.

 

[Igor Gabrielan]

By the way, the word corrupt can be interpreted broadly, perhaps even replace the word unfair. If there are lawyers against you, even without taking bribes, but it will be a pack of experienced, scrupulous lawyers, and you will be alone and will not be able to hire lawyers, it is clear that consideration will not be in your favor.

 

[Igor Gabrielan]

ai.com

Who said that the capitalist system is unfair, but another has not yet been invented?

The quote "The capitalist system is unfair, but another has not yet been invented" is often attributed to Russian revolutionary and political theorist, Vladimir Lenin. However, there is no definitive source for this quote, and it is possible that it has been misattributed over time.

Regardless of who said it, the quote reflects a common sentiment among some critics of capitalism, who argue that while the capitalist system has its flaws and inequities, no alternative economic system has yet been devised that is capable of producing the same level of prosperity and innovation. However, others argue that there are alternative economic models, such as socialism or democratic socialism, that offer a more equitable and sustainable approach to economic organization. The debate over the merits and drawbacks of different economic systems remains an ongoing one.

 

[antonio72]

You can have Shopify as long as it servers another purpose Igor

Is it true? I mean, if l bought let's say 'google.ai' and pointed it to an empty page, wouldn't it be a trademark infringement because it would indirectly damage the well known brand name? I've dropped an ebay. pointing to a null page that l wanted to use for storing images on an ftp because of the very low renewals of the extension... thinking that even a blank page or a 404 were a potential damage for the copyright holder.

 

[Mize]

Is it true? I mean, if l bought let's say 'google.ai' and pointed it to an empty page, wouldn't it be a trademark infringement because it would indirectly damage the well known brand name? I've dropped an ebay. pointing to a null page that l wanted to use for storing images on an ftp because of the very low renewals of the extension... thinking that even a blank page or a 404 were a potential damage for the copyright holder.

To me, the below clears up ambiguity that was in my mind.

As per USPTO: https://www.uspto.gov/trademarks/basics/what-trademark

"A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services."

The interesting part to me: you (the trademark holder) don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

@jberryhill if you know of something from USPTO that contradicts the above please let us know.

To me, this removes ambiguity about dictionary terms and invented words and places the importance on the trademark holders specific goods or services.

 

[Mize]

As per: https://www.uspto.gov/page/about-trademark-infringement

This would also need to be taken into consideration for trademark infringement:

"In addition to claiming likelihood of confusion, a trademark owner may claim trademark "dilution," asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner's mark by "blurring" the mark's distinctiveness or "tarnishing" the mark's image by connecting it to something distasteful or objectionable-even if there is no likelihood of confusion."

Where "blurring" and "tarnishing" become important relative to trademark-infringement.
So for a famous mark, this "blurring" would bring back the relevance of [dictionary terms and invented words] (strength of mark) and take importance back away from [specific goods or services that are not causing confusion].