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Why godaddy considers my domain Amicale.org against the trademark?

Labeled as discuss in Legal Discussion started by VaneZhao, Sep 19, 2019.

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  1. VaneZhao

    VaneZhao Established Member

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    Hi guys, i put up my domain Amicale.org on godaddy auction on Sep,11,2019,
    howere,my domain amicale.org was against the trademark said by one of their staff and not allowed me to auction again.

    honesty speaking, i really got confused their such behavor,.

    amicale is a common french word which means CLUB or ASSOCIATION as well as widely used on the net in french language areas, trademark?

    I have sent their several emails but they do not get me back yet.

    Any thoughts will be much appreciated!

    Vane
     
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  2. VaneZhao

    VaneZhao Established Member

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    anyone who can help me out of woods?
     
  3. VaneZhao

    VaneZhao Established Member

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    am supposed that their staffs are not that much pfofessionals , are they?
     
  4. Riz M.

    Riz M. EmpireNames.com Gold Account

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  5. VaneZhao

    VaneZhao Established Member

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    im so sorry, the date i put up auction is on Sep,17, 2019 and buy their membership as well as listings A-Z display services
     
  6. VaneZhao

    VaneZhao Established Member

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    I have send their 3 emails ,one is [email protected], the other is [email protected] and last one is their support, emails writen in both English and Chinese , i have not hear from them yet.
     
  7. VaneZhao

    VaneZhao Established Member

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    You are so warm-hearted!
     
  8. Jimmysun

    Jimmysun Established Member

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    You should stick to the “.com”.:xf.wink:
     
  9. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent Gold Account VIP Trusted Blogger

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    While a team and some brand products use the term, as you point out it is a generic term in French and geographical. Have you pointed that out in case the person handling your file did not realize? Interestingy GoDaddy sold on their platform a domain name including the term just a few fays ago.

    I hope that you will get a private response from GoDaddy although comment by them on a potential TM on a public board would not be appropriate, probably.

    Bob

    Ps This is not legal advice re the status of your name nor an expert opinion.
     
    Last edited: Sep 19, 2019
  10. Joe Styler

    Joe Styler Aftermarket Product Manager GoDaddy Staff Afternic Staff PRO VIP

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    The bottom line is we don't have to list any name we don't want to on our site. No amount of emails to the teams is going to change the decision they made. We don't make legal determinations on the validity of trademarks. The legal team here said don't list that domain for sale so we don't. The term amicale has two live trademarks in the US that I found without much effort. You might not like that, or you might disagree with that, but the bottom line is we're not going to list it. We are not a court and we are not going to listen to any arguments about the validity of a trademark claim and determine if we can list it or not based on an argument. If we feel like there is a risk to us in listing a domain we won't list it.
    We are not making any determination on the validity of you to own the domain or for you to sell the domain or anything like that. That is between you and your legal counsel to determine. We are simply saying we are not going to sell it because we are not comfortable with the risk to us for allowing this domain to be listed for sale on our site.
     
  11. VaneZhao

    VaneZhao Established Member

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    i have sent you 6 emails and yet there still any no response and at the same time there is no refund as well,due to the Feathered domain services
     
  12. VaneZhao

    VaneZhao Established Member

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    BTW,AMICALE IS A COMMON FRENCH WORD which means CLUB or ASSOCIATION ,and you will find hunreds of thousands companies use this word if you google or bing ,whats more,the word ranked within 10000 common words in French according to the Collinsdictionary.
    CAN your team explain us What are common words or what is Trademark? The word AMICALE belong to the US company only?

    Whats worse, they dont gave me a refund even though 3 days has gone so far!

    honesty speaking,im so ,extremely,disappointed about your services and the poor services i have met compare to other registars!
     
  13. VaneZhao

    VaneZhao Established Member

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    Last edited: Sep 20, 2019
  14. VaneZhao

    VaneZhao Established Member

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  15. VaneZhao

    VaneZhao Established Member

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    I JUST WANT TO KNOW WHEN YOUR TEAM WILL GIVE ME A REFUND?,Feathered domain services
     
    Last edited: Sep 20, 2019
  16. VaneZhao

    VaneZhao Established Member

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    Hi,Bob,i have sent their 6 emails and there is no response
     
  17. VaneZhao

    VaneZhao Established Member

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    YES,Bob,and when your search the amicale on their platform,it turns up a lot of domains including their terms,like amicalee38.org,amicalementvotre.com,amicalefrancophone.com,pauseamicale.com,
    amicalearningcentre.com,amicalementdog.com and so on ,
     
  18. wwwweb

    wwwweb Top Member VIP ★★★★★★★★★★

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    Where did you acquire the domain from, Godaddy, or another platform?
     
  19. VaneZhao

    VaneZhao Established Member

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  20. wwwweb

    wwwweb Top Member VIP ★★★★★★★★★★

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    Yes, most likely an expired auction, and looks to be a double standard.

    Try sedo, dan, or another service if they don't want the listing, not much you can do, nobody is going to go against the advice of their own legal department.
     
  21. VaneZhao

    VaneZhao Established Member

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    Hey,thanks ,i will,
    I can put it up on SEDO.COM for sale ,but it made me mad is that they dont give me a refund due to the feathered services i took recently or get me back via email!
     
  22. wwwweb

    wwwweb Top Member VIP ★★★★★★★★★★

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    Refund for what, a premium listing, how much do they owe you, I think if they refuse to list your domain you should get a refund. I think your refund maybe got lost in translation, but maybe you can ask the Godaddy rep here to look into the refund as it seems warranted if a service was not provided.
     
  23. VaneZhao

    VaneZhao Established Member

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    I bought their a premium /FATHEREDlisting services when i wanted to auction my domain AMICALE,but they refused to list my domain auction on their site,should i get my refund?
     
  24. VaneZhao

    VaneZhao Established Member

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    I have asked them to give me a refund,but pity there is none of emails i received from them yet
     
  25. wwwweb

    wwwweb Top Member VIP ★★★★★★★★★★

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    I mean if Godaddy refused to list any words with a TM against it, there would be no listings on the site, other than jargon.

    You should get a refund, but I don’t know their TOS, and if they have anything in there to deny such a refund. Maybe get them on the phone so they can give you a straight answer about the refund.
     

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