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

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

General Domain Names Discussion For non Multilingual International Domain Name discussions. This is the place to post about normal .com .net .org .info .biz .us .tv etc.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 23rd January 2007, 07:11 PM
Muhammad Mustafa's Avatar
Member
 
Join Date: Oct 2006
Posts: 669
iTrader: (26)
Rep Power: 1305
Muhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enough
Unhappy a lot of help is needed here, Marketiva did it

how are every body, i hope every one is ok
just in a couples of days i received a lot of mails asking about the Auction of Marketiva
i really don't know or even understand what is happing or gonna to happen, but am sure that something happened cause i just received this threat message from Marketiva Co.

-------------------
Dear Mustafa,

We would like to inform you that you have no rights to sell Marketiva.mobi because Marketiva is a registered service mark of Marketiva Corporation.
You don't have the right to own or to sell this name, you may need to see our term for more information:
http://www.marketiva.com/index.ncre?page=terms
Your broker will be informed to stop this transaction while you have to give us the domain Marketiva.mobi or you Put yourself under penalty of law.


Please do not hesitate to contact us for any additional information.

Kind Regards,

Pedro (Pedro T Barros)
Compliance / Manager
Marketiva Corporation
support-pedro@marketiva.com
http://www.marketiva.com/

This electronic communication is intended for information purposes only.
Nothing contained herein constitutes an offer or acceptance of any agreement, nor establishes, modifies or amends any contractual or professional relationship between Marketiva Corporation, and any recipient of this communication. As such, it should not be used as a substitute for a written and signed agreement between the parties.

Any comments or statements made herein do not necessarily reflect those of Marketiva Corporation, its subsidiaries and affiliates. For more information please visit our corporate web site at http://www.marketiva.com/
-------------------


can any body here tell me what is happing?? why they wait all of this time?? why now after the auction closed??
what i have to do now?? will Sedo stop or delete the transaction of the name??
am really very confused for the moment don't know what to do now??
any help now will be very good guys
__________________
Need any help in Arabic?? just PM me
Reply With Quote
  #2 (permalink)  
Old 23rd January 2007, 07:24 PM
touchring's Avatar
Veteran
 
Join Date: Dec 2005
Posts: 7,547
iTrader: (29)
Rep Power: 1268
touchring is an unknown quantity at this point
Re: a lot of help is needed here, Marketiva did it

Well, we were discussing this not too long ago, you should see this:

http://www.idnforums.com/forums/8710...Marketiva.mobi

Good luck to the buyer.

Last edited by touchring; 23rd January 2007 at 07:42 PM..
Reply With Quote
  #3 (permalink)  
Old 23rd January 2007, 07:33 PM
Drewbert's Avatar
Administrator
 
Join Date: Feb 2006
Posts: 6,091
iTrader: (20)
Rep Power: 0
Drewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgy
Re: a lot of help is needed here, Marketiva did it

$10 says that letter did NOT come from marketiva.
__________________
It's all jaded style to me.
Reply With Quote
  #4 (permalink)  
Old 23rd January 2007, 07:35 PM
Rubber Duck's Avatar
Veteran
 
Join Date: Sep 2005
Location: Czech Republic (For those of you from USA = Chechnya)
Posts: 15,929
iTrader: (59)
Rep Power: 4519
Rubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura about
Re: a lot of help is needed here, Marketiva did it

This was to be expected.

You really need confirmation from Sedo that they have cancelled the Auction, otherwise you might be liable to a claim from them.

Once you have that confirmation, you have little choice but to comply with Marketiva's demands to hand over the name. What you should ask is a written assurance that if you do transfer the name that that is an end to the matter, otherwise it is conceivable though unlikely that they will sue you for damages, even though you have returned the name.

At this stage of the game coming out with nothing is the best you can hope for.

I would at this stage ask for confirmation from Marketiva that if they hand over the name without asking for fee that they will drop any potential claims that they might be considering.

Make sure it is a Generic next time around.

Best of Luck!

Quote:
Originally Posted by Drewbert
$10 says that letter did NOT come from marketiva.
What makes you think that. I guess the obvious thing to do is have a look at the routing of the email to see if it can be tied back to Marketiva.com?


http://www.moneymakergroup.com/lofiv...52411-300.html

This suggests that if it is fraudulent email, then they have done their homework!
__________________
All offers to sell are void.

Last edited by Rubber Duck; 23rd January 2007 at 07:43 PM.. Reason: Automerged Doublepost
Reply With Quote
  #5 (permalink)  
Old 23rd January 2007, 07:49 PM
Drewbert's Avatar
Administrator
 
Join Date: Feb 2006
Posts: 6,091
iTrader: (20)
Rep Power: 0
Drewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgy
Re: a lot of help is needed here, Marketiva did it

A company of that size and you think they leave TM enforcement to a marketing guy who just happens to post on forums?

Their legal department would send the email, and it would be worded a LOT differently.

email headers would certainly help.
__________________
It's all jaded style to me.
Reply With Quote
  #6 (permalink)  
Old 23rd January 2007, 08:08 PM
touchring's Avatar
Veteran
 
Join Date: Dec 2005
Posts: 7,547
iTrader: (29)
Rep Power: 1268
touchring is an unknown quantity at this point
Re: a lot of help is needed here, Marketiva did it

Quote:
Originally Posted by Rubber Duck
75,000 members. Wow, this HYIP seems to be hotter than domains? Anyone played with it?

Last edited by touchring; 23rd January 2007 at 08:14 PM..
Reply With Quote
  #7 (permalink)  
Old 23rd January 2007, 08:15 PM
bramiozo's Avatar
Administrator
 
Join Date: Sep 2005
Location: Haarlem
Posts: 2,251
iTrader: (30)
Rep Power: 939
bramiozo is on a distinguished roadbramiozo is on a distinguished roadbramiozo is on a distinguished roadbramiozo is on a distinguished roadbramiozo is on a distinguished roadbramiozo is on a distinguished road
Send a message via MSN to bramiozo Send a message via Skype™ to bramiozo
Re: a lot of help is needed here, Marketiva did it

Your broker will be informed to stop this transaction while you have to give us the domain Marketiva.mobi or you Put yourself under penalty of law.


Being "put under the penalty" is not up to their discretion is it ?¿

The referral to their t&c is odd, that only applies when you in fact engage in a commitment with marketiva, have you engaged in such a commitment ?

Last edited by bramiozo; 23rd January 2007 at 08:24 PM.. Reason: Automerged Doublepost
Reply With Quote
  #8 (permalink)  
Old 23rd January 2007, 08:46 PM
Muhammad Mustafa's Avatar
Member
 
Join Date: Oct 2006
Posts: 669
iTrader: (26)
Rep Power: 1305
Muhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enough
Re: a lot of help is needed here, Marketiva did it

touchring, thanks for your post
Rubber Duck, please review your pm
Drewbert, i'll mention this now
touchring, lets invist some funds in HYIP !!
bramiozo, as Sedo terms shows, i think they can


any way, i hope every thing will pass good for this

name, more posts will be helpful .. i hope
__________________
Need any help in Arabic?? just PM me

Last edited by Muhammad Mustafa; 24th January 2007 at 11:51 PM..
Reply With Quote
  #9 (permalink)  
Old 24th January 2007, 12:30 AM
Wot's Avatar
Wot Wot is offline
Senior Member
 
Join Date: May 2006
Posts: 3,589
iTrader: (30)
Rep Power: 1678
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: a lot of help is needed here, Marketiva did it

It looks fake to me, would normally come from a lawyer or law dept , wait and see.

This of course may not stop the real Marketiva making a claim.
__________________
红旗.com
Reply With Quote
  #10 (permalink)  
Old 24th January 2007, 01:47 AM
Drewbert's Avatar
Administrator
 
Join Date: Feb 2006
Posts: 6,091
iTrader: (20)
Rep Power: 0
Drewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgyDrewbert is a tad dodgy
Re: a lot of help is needed here, Marketiva did it

Well, looking at the headers, it appears to be legitimate. A shame no one took me up on the $10.

Some notes (BUT I AM NOT A LAWYER):

1. They have a service mark in the USA, not a trademark. Registered in June 2006. Not deemed a famous mark.

2. Mere registration of a domain name is not TM infringement. It has to be proven to have been done in "bad faith". There is nothing to stop someone starting a chat website especially designed for cell phones, and branding it marketiva.mobi, and getting a TM in the relvant class.

3. Offering for sale a name that happens to be a trademark is not infringement. But offering it to a TM holder at an inflated price would prove the "bad faith registration" claim mentioned in 2. above.

4. If the 95k buyer is intending to use the domain in a way that doesn't infringe on marketiva's (weak) service mark, there is nothing wrong with the transaction.

5. The reason the TM system has different categories of goods and services is to allow the use of the same term by different businesses. It's a shame ICANN never managed to translate that fact to the UDRP.
__________________
It's all jaded style to me.
Reply With Quote
  #11 (permalink)  
Old 24th January 2007, 02:52 AM
Senior Member
 
Join Date: Apr 2006
Posts: 2,838
iTrader: (43)
Rep Power: 1603
markits will become famous soon enoughmarkits will become famous soon enoughmarkits will become famous soon enoughmarkits will become famous soon enoughmarkits will become famous soon enoughmarkits will become famous soon enoughmarkits will become famous soon enough
Re: a lot of help is needed here, Marketiva did it

Puzzled

Last edited by markits; 24th January 2007 at 03:48 AM..
Reply With Quote
  #12 (permalink)  
Old 24th January 2007, 07:27 AM
touchring's Avatar
Veteran
 
Join Date: Dec 2005
Posts: 7,547
iTrader: (29)
Rep Power: 1268
touchring is an unknown quantity at this point
Re: a lot of help is needed here, Marketiva did it

Quote:
Originally Posted by Drewbert
Well, looking at the headers, it appears to be legitimate. A shame no one took me up on the $10.

Some notes (BUT I AM NOT A LAWYER):

1. They have a service mark in the USA, not a trademark. Registered in June 2006. Not deemed a famous mark.

2. Mere registration of a domain name is not TM infringement. It has to be proven to have been done in "bad faith". There is nothing to stop someone starting a chat website especially designed for cell phones, and branding it marketiva.mobi, and getting a TM in the relvant class.

3. Offering for sale a name that happens to be a trademark is not infringement. But offering it to a TM holder at an inflated price would prove the "bad faith registration" claim mentioned in 2. above.

4. If the 95k buyer is intending to use the domain in a way that doesn't infringe on marketiva's (weak) service mark, there is nothing wrong with the transaction.

5. The reason the TM system has different categories of goods and services is to allow the use of the same term by different businesses. It's a shame ICANN never managed to translate that fact to the UDRP.

Yes, that's why i think Sedo might push through with the sale, and collect their $9500 commission!

Whatever the case, Sedo will want their $9500 commission, someone has to pay for it, if not the buyer!
Reply With Quote
  #13 (permalink)  
Old 24th January 2007, 07:32 AM
Veteran
 
Join Date: Feb 2006
Posts: 7,495
iTrader: (65)
Rep Power: 2687
blastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enough
Re: a lot of help is needed here, Marketiva did it

Ignore all letters. It is the buyers problem not yours.

Take the money, and buy some IDNs.
Reply With Quote
  #14 (permalink)  
Old 24th January 2007, 11:58 AM
Rubber Duck's Avatar
Veteran
 
Join Date: Sep 2005
Location: Czech Republic (For those of you from USA = Chechnya)
Posts: 15,929
iTrader: (59)
Rep Power: 4519
Rubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura aboutRubber Duck has a spectacular aura about
Re: a lot of help is needed here, Marketiva did it

Yes, if you can actually transact the name, then I guess you are home free.

If you cannot transact though, it looks like nothing but head-aches.
__________________
All offers to sell are void.
Reply With Quote
  #15 (permalink)  
Old 24th January 2007, 11:59 PM
Muhammad Mustafa's Avatar
Member
 
Join Date: Oct 2006
Posts: 669
iTrader: (26)
Rep Power: 1305
Muhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enoughMuhammad Mustafa will become famous soon enough
Re: a lot of help is needed here, Marketiva did it

thanks a lot every body for every advice i got here .. all advices i red really helped me, i won't do any thing till i recevie a notification from Sedo to go ahead or to cancel this transction .. any way its the same for me now, 95k came or not .. thats enough what i saw last 3 days.
just many Q. i need answers for, if i get this answers me or some ppl will really suffer very bad Nightmares
many thanks to you all for your help, thank you Rubber for your advices
Good luck you all
__________________
Need any help in Arabic?? just PM me
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 05:30 PM.

Site Sponsors
Your ad here
buy t-shirt
מחיר הזהב

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, 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