IDN Forums - Internationalized Domain Names  
Home | idntools | Advertise on idnforums | Premium Membership

Go Back   IDN Forums - Internationalized Domain Names > IDN Discussions > General Discussion

General Discussion Feel free to talk about anything and everything in this board.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 16th October 2009, 02:10 AM
jose's Avatar
Veteran
 
Join Date: Jan 2006
Posts: 8,424
iTrader: (48)
Rep Power: 4678
jose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nice
Angry SCORE: Raptor 1, Cybersquatter 0

All your domains are belonging to me. Outrageous.

http://www.nytimes.com/2009/10/15/sp...bosh.html?_r=1
http://online.wsj.com/article/SB1000...googlenews_wsj
__________________
I am now into iOS and Android app development. Want an app? I might help.
Reply With Quote
  #2 (permalink)  
Old 16th October 2009, 04:07 AM
phio's Avatar
Senior Member
 
Join Date: Oct 2007
Location: Arctic Circle
Posts: 1,540
iTrader: (31)
Rep Power: 490
phio is an unknown quantity at this pointphio is an unknown quantity at this pointphio is an unknown quantity at this pointphio is an unknown quantity at this pointphio is an unknown quantity at this point
Re: SCORE: Raptor 1, Cybersquatter 0

better warn the guys over at NPs
__________________
.
Reply With Quote
  #3 (permalink)  
Old 16th October 2009, 04:15 AM
jose's Avatar
Veteran
 
Join Date: Jan 2006
Posts: 8,424
iTrader: (48)
Rep Power: 4678
jose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nicejose is just really nice
Re: SCORE: Raptor 1, Cybersquatter 0

What does our legal expert has to say on this?
__________________
I am now into iOS and Android app development. Want an app? I might help.
Reply With Quote
  #4 (permalink)  
Old 16th October 2009, 01:48 PM
sunsei21's Avatar
Member
 
Join Date: Mar 2006
Location: Internet
Posts: 694
iTrader: (14)
Rep Power: 382
sunsei21 is an unknown quantity at this point
Send a message via AIM to sunsei21 Send a message via Skype™ to sunsei21
Re: SCORE: Raptor 1, Cybersquatter 0

good way to give domainers a bad name IMO
__________________
Reply With Quote
  #5 (permalink)  
Old 17th October 2009, 11:03 AM
Moderator
 
Join Date: Dec 2005
Posts: 7,718
iTrader: (58)
Rep Power: 1742
bwhhisc will become famous soon enoughbwhhisc will become famous soon enoughbwhhisc will become famous soon enoughbwhhisc will become famous soon enoughbwhhisc will become famous soon enoughbwhhisc will become famous soon enoughbwhhisc will become famous soon enough
Re: SCORE: Raptor 1, Cybersquatter 0

Quote:
Originally Posted by jose View Post
All your domains are belonging to me. Outrageous. [/url]
He didn't show up in court...so the judge gave him a royal shafting.
Reply With Quote
  #6 (permalink)  
Old 17th October 2009, 11:17 AM
Rubber Duck's Avatar
Veteran
 
Join Date: Sep 2005
Location: Czech Republic (For those of you from USA = Chechnya)
Posts: 15,569
iTrader: (59)
Rep Power: 2956
Rubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enough
Re: SCORE: Raptor 1, Cybersquatter 0

It is quite simple.

Surnames are OK. First Names are OK!

Combinations of First Names and Surnames may be registered in Bad Faith. If you register hundreds of such combinations and they all relate to celebrities, what exactly is a Judge or Panelist suppose to assume?
__________________
All offers to sell are void.
Reply With Quote
  #7 (permalink)  
Old 17th October 2009, 12:55 PM
sunsei21's Avatar
Member
 
Join Date: Mar 2006
Location: Internet
Posts: 694
iTrader: (14)
Rep Power: 382
sunsei21 is an unknown quantity at this point
Send a message via AIM to sunsei21 Send a message via Skype™ to sunsei21
Re: SCORE: Raptor 1, Cybersquatter 0

Quote:
Originally Posted by Rubber Duck View Post
It is quite simple.

Surnames are OK. First Names are OK!

Combinations of First Names and Surnames may be registered in Bad Faith. If you register hundreds of such combinations and they all relate to celebrities, what exactly is a Judge or Panelist suppose to assume?
i couldnt have said it better there is no defense to that
__________________
Reply With Quote
  #8 (permalink)  
Old 18th October 2009, 02:14 AM
Zak Muscovitch's Avatar
Junior Member
 
Join Date: Aug 2009
Location: Toronto, Canada
Posts: 41
iTrader: (0)
Rep Power: 193
Zak Muscovitch is an unknown quantity at this point
Re: SCORE: Raptor 1, Cybersquatter 0

So I read the news item where Toronto Raptors NBA star Chris Bosh won a judgment for $120,000 against a domainer, Luis Zavala (Hoopology.com) for registering ChrisBosh.com. The judgment apparently came down in April, but now Bosh's lawyers reportedly convinced the judge to order that the domainer's 800 other mainly sports and celebrity domain names domains be handed over to Chris Bosh as well, since the defendant wasn't likely to pay the $120,000 judgement...

Bosh's lawyer reportedly stated, that the Raptors’ star has no intention of holding onto any of them except his own. “He’s not trying to make any money here. He just wants to give these players their names back.".

So let me get this straight....Chris Bosh sues a guy for cybersquatting and then takes 800 cybersquatted domain names as booty? And Bosh's lawyers are apparently going to decide for themselves, who deserves the domain names: “We are notifying the world that anyone whose name is on this list that has a legitimate right to the domain name, Chris will transfer it to them for free,” said Brian Heidelberger, one of three lawyers who represented Bosh." Wow. So the Judge gave up the court's jurisdiction to a sports star and his lawyers to determine who has the rights to particular domain names...Amazing. Here is the actual text of the lawyers' terms for handing over the domain names - a kind of screwy para-UDRP process entirely within the discretion of a basketball star and his lawyers:

Chris Bosh and Max Deal offer the return of the domain name free of charge as a courtesy to the celebrity named herein, provided that such person promptly requests the return of such domain name in writing from Max Deal. Domain names will not be returned without a direct written request from an authorized person to Hadi@MaxDealTechnologies.com. Prior to transferring any domain name on this list, Chris Bosh and Max Deal reserve the right to require documentation in their reasonable discretion to support the requester's rights in the domain name. Domain names on this list may or may not be renewed at Chris Bosh and Max Deal's sole discretion. Chris Bosh and Max Deal reserve the right to at any time in their sole discretion to delete or cancel domain names on this list. Chris Bosh and Max Deal will not charge any fees for the transfer of domain names on this list. All third party costs relating to transfer of any domain name on this list to an authorized rights holder, including but not limited to transfer fees charged by the requester's registrar, are the sole responsibility of the party requesting transfer. Chris Bosh and Max Deal make no representations express or implied regarding any domain name on this list. By requesting or accepting the transfer of a domain name, you hereby release Chris Bosh and Max Deal from any and all liabilities in connection therewith.

But wait...WHO IS MAX DEAL? Good question! Its a social networking site associated with/owned by Chris Bosh. According to Bosh's press release, "Max Deal is a social media company that allows brands to increase their reach". How does that fit in? This is what Chris Bosh has to say according to his press release:

"I will offer the return of the domain names free of charge, but I'd also love the opportunity to show their owners how Max Deal can help."


Ahhh, I get it. When someone calls up to get their domain name back off of Chris Bosh, the new owner of the cybersquatted domain names, he will take the opportunity to sell them on how they can use the domain names in connection with his social media business....According to the terms copied above, Chris Bosh can delete or cancel any domain name in his sole discretion. Better be careful or the domain name could get dropped and picked up by another cybersquatter. What happens if Chris Bosh decides to not give back a name because the claimant doesn't meet his criteria? Maybe Bosh takes the position that one of the highschool basketball players or Venezuelan racecar drivers on his list doesnt have common law trademark rights? Could Bosh be the Respondent in a ICANN UDRP? The Complainant could argue that Bosh registered the domain names in bad faith and is using them in bad faith because he won't give them back and registered them with the intention of using them in bad faith as part of his monetization scheme in Max Deal....

Can you imagine if a domainer registered 800 celebrity domain names and his defense was that he would give them back to anyone who convinced him that they were the rightful owner and listened to his pitch that they could do great business together by letting the domainer monetize their name? What would happen to the domainer in a case like that?....

Its great when someone is there to help out his fellow man. Thankfully the Judge realized this when she allowed Chris Bosh and his entourage to "distribute" the ill-gotten domain names.

And I note that at least one of the domain names in the list, cockblocks.com, is not a celebrity that I am familair with. I wonder what Chris plans on doing with that name....Will the rightful owner please stand up?
__________________
www.DNattorney.com

Last edited by Zak Muscovitch; 18th October 2009 at 02:22 AM..
Reply With Quote
  #9 (permalink)  
Old 18th October 2009, 02:24 AM
Wot's Avatar
Wot Wot is online now
Senior Member
 
Join Date: May 2006
Posts: 3,490
iTrader: (30)
Rep Power: 1359
Wot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enough
Re: SCORE: Raptor 1, Cybersquatter 0

Quote:
Originally Posted by Zak Muscovitch View Post
So I read the news item where Toronto Raptors NBA star Chris Bosh won a judgment for $120,000 against a domainer, Luis Zavala (Hoopology.com) for registering ChrisBosh.com. The judgment apparently came down in April, but now Bosh's lawyers reportedly convinced the judge to order that the domainer's 800 other mainly sports and celebrity domain names domains be handed over to Chris Bosh as well, since the defendant wasn't likely to pay the $120,000 judgement...

Bosh's lawyer reportedly stated, that "the Raptors’ star has no intention of holding onto any of them except his own. “He’s not trying to make any money here. He just wants to give these players their names back.".

So let me get this straight....Chris Bosh sues a guy for cybersquatting and then takes 800 cybersquatted domain names as booty? And Bosh's lawyers are apparently going to decide for themselves, who deserves the domain names: “We are notifying the world that anyone whose name is on this list that has a legitimate right to the domain name, Chris will transfer it to them for free,” said Brian Heidelberger, one of three lawyers who represented Bosh." Wow. So the Judge gave up the court's jurisdiction to a sports star and his lawyers to determine who has the rights to particular domain names...Amazing. Here is the actual text of the lawyers' terms for handing over the domain names - a kind of screwy para-UDRP process entirely within the discretion of a basketball star and his lawyers:

Chris Bosh and Max Deal offer the return of the domain name free of charge as a courtesy to the celebrity named herein, provided that such person promptly requests the return of such domain name in writing from Max Deal. Domain names will not be returned without a direct written request from an authorized person to Hadi@MaxDealTechnologies.com. Prior to transferring any domain name on this list, Chris Bosh and Max Deal reserve the right to require documentation in their reasonable discretion to support the requester's rights in the domain name. Domain names on this list may or may not be renewed at Chris Bosh and Max Deal's sole discretion. Chris Bosh and Max Deal reserve the right to at any time in their sole discretion to delete or cancel domain names on this list. Chris Bosh and Max Deal will not charge any fees for the transfer of domain names on this list. All third party costs relating to transfer of any domain name on this list to an authorized rights holder, including but not limited to transfer fees charged by the requester's registrar, are the sole responsibility of the party requesting transfer. Chris Bosh and Max Deal make no representations express or implied regarding any domain name on this list. By requesting or accepting the transfer of a domain name, you hereby release Chris Bosh and Max Deal from any and all liabilities in connection therewith.

But wait...WHO IS MAX DEAL? Good question! Its a social networking site associated with/owned by Chris Bosh. According to Bosh's press release, "Max Deal is a social media company that allows brands to increase their reach". How does that fit in? This is what Chris Bosh has to say according to his press release:

"I will offer the return of the domain names free of charge, but I'd also love the opportunity to show their owners how Max Deal can help."

Ahhh, I get it. When someone calls up to get their domain name back off of Chris Bosh, the new owner of the cybersquatted domain names, he will take the opportunity to sell them on how they can use the domain names in connection with his social media business....According to the terms copied above, Chris Bosh can delete or cancel any domain name in his sole discretion. Better be careful or the domain name could get dropped and picked up by another cybersquatter. What happens if Chris Bosh decides to not give back a name because the claimant doesn't meet his criteria? Maybe Bosh takes the position that one of the highschool basketball players or Venezuelan racecar drivers on his list doesnt have common law trademark rights? Could Bosh be the Respondent in a ICANN UDRP? The Complainant could argue that Bosh registered the domain names in bad faith and is using them in bad faith because he won't give them back and registered them with the intention of using them in bad faith as part of his monetization scheme in Max Deal....

Can you imagine if a domainer registered 800 celebrity domain names and his defense was that he would give them back to anyone who convinced him that they were the rightful owner and listened to his pitch that they could do great business together by letting the domainer monetize their name? What would happen to the domainer in a case like that?....

Its great when someone is there to help out his fellow man. Thankfully the Judge realized this when she allowed Chris Bosh and his entourage to "distribute" the ill-gotten domain names.

And I note that at least one of the domain names in the list, cockblocks.com, is not a celebrity that I am familair with. I wonder what Chris plans on doing with that name....Will the rightful owner please stand up?

I saw that, what a terrible precedent to set. But the squatter left himself wide open and may have little grounds for appeal although a strange judgment to uphold.

But can such decisions be contested by parties not involved in the case, bearing in mind the 800 names freely given away?
__________________
红旗.com,4X.中国,MonikerBlog.com,8-8.中国, 北京.机构
Reply With Quote
  #10 (permalink)  
Old 18th October 2009, 02:28 AM
Zak Muscovitch's Avatar
Junior Member
 
Join Date: Aug 2009
Location: Toronto, Canada
Posts: 41
iTrader: (0)
Rep Power: 193
Zak Muscovitch is an unknown quantity at this point
Re: SCORE: Raptor 1, Cybersquatter 0

I dont have much sympathy for the "cybersquatter" in this case, but as you can see, I have a lot of difficulty handing over "ill gotten goods" to someone other than the "rightful owner".

Non-parties usually can't contest a judgment, but in this case, if another celebrity couldn't get their name back off of Bosh, they could UDRP him or sue him..., or perhaps bring some kind of motion to the judge, basically asking, "Why did you give my name away to that basketball guy, Judge?"
__________________
www.DNattorney.com
Reply With Quote
  #11 (permalink)  
Old 18th October 2009, 04:42 AM
Wot's Avatar
Wot Wot is online now
Senior Member
 
Join Date: May 2006
Posts: 3,490
iTrader: (30)
Rep Power: 1359
Wot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enoughWot will become famous soon enough
Re: SCORE: Raptor 1, Cybersquatter 0

Quote:
Originally Posted by Zak Muscovitch View Post
or perhaps bring some kind of motion to the judge, basically asking, "Why did you give my name away to that basketball guy, Judge?"

800 times. :D
__________________
红旗.com,4X.中国,MonikerBlog.com,8-8.中国, 北京.机构
Reply With Quote
  #12 (permalink)  
Old 18th October 2009, 06:29 AM
Rubber Duck's Avatar
Veteran
 
Join Date: Sep 2005
Location: Czech Republic (For those of you from USA = Chechnya)
Posts: 15,569
iTrader: (59)
Rep Power: 2956
Rubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enoughRubber Duck will become famous soon enough
Re: SCORE: Raptor 1, Cybersquatter 0

Quote:
Originally Posted by Zak Muscovitch View Post
I dont have much sympathy for the "cybersquatter" in this case, but as you can see, I have a lot of difficulty handing over "ill gotten goods" to someone other than the "rightful owner".

Non-parties usually can't contest a judgment, but in this case, if another celebrity couldn't get their name back off of Bosh, they could UDRP him or sue him..., or perhaps bring some kind of motion to the judge, basically asking, "Why did you give my name away to that basketball guy, Judge?"
Zack as a hot shot lawyer you have to recognize the limitations of the judges mandate and jurisdiction. He is required to make a judgement between two parties. He does not have a mandate to put the World to Rights as much as he might like to.

Further, it clear that the sports personality in question knew sod all about domaining until this marketing company showed up and told him where he was going wrong. They have obviously pressed him into taking action and it is obviously in their interests to return domains to other celebrities to promote their business. I don't have a real problem with that, and neither apparently did the judge.

As for the domain list, is it really for the judge here to decide on the merits of domains that are not the subject of the legal action but simply the only recoverable assets. If these celebs had registered and interest in the domain with the courts that might be quite different, but in many cases he would simply have to assume a claim where there is none. How chaotic would the legal system be if every judgment were base on the presumption that dozen of other parties might register some kind of currently indeterminable claim on assets at some future point in time? I am sure the lawyers would love it, but the rest of the economy would go into a death spiral.

It should also be noted that this judgment has no bearing of any rights companies or individuals may have under trademark law. All that has changed is that ownership appears to have passed from a party with a track record of infringement to a party that has in all probability no intent to do so.

Win-Win, even if not exactly legally tidy. But when did the Law ever serve justice?
__________________
All offers to sell are void.

Last edited by Rubber Duck; 18th October 2009 at 07:22 AM..
Reply With Quote
  #13 (permalink)  
Old 18th October 2009, 06:32 PM
Zak Muscovitch's Avatar
Junior Member
 
Join Date: Aug 2009
Location: Toronto, Canada
Posts: 41
iTrader: (0)
Rep Power: 193
Zak Muscovitch is an unknown quantity at this point
Re: SCORE: Raptor 1, Cybersquatter 0

Good points Rubber Duck! : "win win but not legally tidy...."
__________________
www.DNattorney.com
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT. The time now is 06:04 PM.

Site Sponsors
Your ad here
buy idns
domain name lawyer
buy t-shirt
מחיר הזהב

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.3.0
Copyright idnforums.com 2005

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54