"Took My Domain" - Raido Show Gives Domain TM Advice

[deez007]

Hey Folks

I came across this article, seem to me like the radio show host (Help Me Howard) hasn't really given this dude decent advice at all.

He mentions lodging a complaint with ICANN no mention at all of UDRP.

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(WSVN) - He created an online radio station and then tried to register his station on the air. He then discovered the name he owned was controlled by someone else. Can someone take your name and use it online? It’s why he called Help Me Howard with Patrick Fraser.

Rob Vango worked at the radio station Love 94 … back when they played smooth jazz. Then the FM station changed formats.

But Rob kept the smooth jazz alive.

Rob Vango: “I started using the name in 2013 when I re-launched the new Love 94.”

Today Love94 is an online radio station … and not just playing smooth jazz….

Rob Vango: “You will hear acoustic rock, you will hear funky remakes.”

Rob now owns the Love 94 name…

Rob Vango: “I registered Love 94 both federally trademark slash copyright, as well as State of Florida to protect that name.”

You can hear the station online at love94smoothjazz.com … but Rob wanted it simpler and tried to register the station as just love94.com.

Rob Vango: “It said that the name was taken and I did some research and found out a company in Irvine, California registered that name.”

Rob tried to contact whoever owned the domain name Love 94, but got nowhere…

Rob Vango: “I don’t know if it was a mistake or a company that goes around buying domain names, wanting them to resale them to people.”

Rob says he wont pay them to give him what he feels he owns…

And whoever owns the name “Love 94” isn’t using it yet. When you type it in, it comes up as forbidden, but Rob is spending money to promote the Love 94 name and worries what could happen to it.

Rob Vango: “I mean in all honesty, they might turn it into a pornography website.”

Love 94 is trademarked — Rob he owns it, but he can’t use it online unless they release it…

Rob Vango: “I want the name love94.com to be unlocked and transferred to me because I rightfully own the name.”

Well Howard, Rob trademarked love94.com, but someone bought his domain name … can they keep it from him?

Howard Finkelstein: “Almost always … no. It could be our name helpmehoward.com or a business like love94.com — and if someone purchases that name, the law calls that cyber-squatting if they just bought the name to resell it to the person has that trademark, but getting it back from them legally can be very difficult.”

We first went to one of the websites that tells you who owns a domain name. Love94.com had no owner listed and was protected by what’s called a privacy shield. The company that registered the domain name could not reveal the owner’s name because of the privacy shield, but agreed to forward an email from Rob to that person to get him to contact Rob. That man or woman never responded to Rob’s emaill.

Howard Finkelstein: “If someone does this to you, it’s expensive to sue in federal court, but another option, if you have a new business and someone has your domain name, you can file a complaint with a group called ICANN that will help settle the problem, but again, you might need an attorney who specializes in internet domain law to help you.”

Rob is looking for a lawyer to help him retrieve his love94.com name because he is convinced his station is going to be a success

Rob Vango: “We are talking worldwide other major markets — Chicago, L.A., Dallas these are all people that are loving the grooves that we play and I don’t want some else having the name Love 94.

Patrick Fraser: “We will keep an eye on Rob’s battle and let you know what happens. And if you are going to start a new business or wanna protect your name, register the domain name before you become a success and someone grabs it. I checked … some photographer already has patrickfraser.com … but howardfinkelstein.com is available…

Went online and wound up out of luck? Register a complaint ’cause we would love to help jazz things up. Hopefully when we are finished, it will be music to your ears. With this Help Me Howard, I’m Patrick Fraser, 7News.

FOR MORE INFO:
http://www.icann.org.

Source: http://wsvn.com/news/help-me-howard/took-my-domain-name/

 

[koskov]

Yeah, I read that one too, but I do not understand the following:

if you have a new business and someone has your domain name, you can file a complaint

If I have a name for years and that new business files a complaint, isn't that a reverse hijacking?

 

[deez007]

Yeah, I read this one too, but I do not understand the following:



If I have a name for years and that new business files a complaint, isn't that a reverse hijacking?

I could be wrong but my understanding is that if the domain is being actively used ...and then a NEW business files a complaint then it's reverse hijacking. I'm not sure how it works if the domain is not being used...I think the original owner still might the right to keep it. I guess it would depend on what he reasons are for owning the domain.

 

[enlytend]

Hard to prove bad faith if it returns a 403. But has it been non resolving all along? Lots of data for it in archive.org, there might be evidence of infringement in its history since 2013.

 

[enlytend]

Hah! someone was using it as recently as 2015 - do a site search (site:love94.com) - "Best Music and Ads Online"
That may be a legal foot in the door. Especially if those pages are cached.

 

[LucidDomains]

He has sense of entitlement.

Just because he copyrights and trademarks a name doesn't mean the domain owner should have over the deed of ownership.

Unless the trademark is a world trademark in several classes, I'm unsure he has a leg to stand on.

 

[deez007]

He has sense of entitlement.

Just because he copyrights and trademarks a name doesn't mean the domain owner should have over the deed of ownership.

Unless the trademark is a world trademark in several classes, I'm unsure he has a leg to stand on.

Yeah dude, I agree the complainant seems to have the idea that he is entitled to the domain without a doubt.... I think me might be in for a wake up call....lol

 

[Dave_Z]

Just read the story. Hmm, sounds like the lawyer told the person what the latter wanted to hear.

 

[deez007]

Just read the story. Hmm, sounds like the lawyer told the person what the latter wanted to hear.

Doesn't seem like this Howard character actually knows what he is doing....lol

 

[accent]

If the domain owner registered it before he started the station then he has no case. That needs to be in the article.

The public in general understands very little about domains, one reason some domainers believe the entire industry is greatly undervalued.