a lot of help is needed here, Marketiva did it

[Muhammad Mustafa]

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 (https://sedo.com/auction/auction_history.php?language=us&auction_id=4169)
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 :confused:

[touchring]

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

http://www.idnforums.com/forums/8710-marketiva-mobi-closes-at-%2495k.html?highlight=Marketiva.mobi

Good luck to the buyer. :(

[Drewbert]

$10 says that letter did NOT come from marketiva.

[Rubber Duck]

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!

$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/lofiversion/index.php/t52411-300.html

This suggests that if it is fraudulent email, then they have done their homework!

[Drewbert]

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.

[touchring]

http://www.moneymakergroup.com/lofiversion/index.php/t52411-300.html



75,000 members. Wow, this HYIP seems to be hotter than domains? Anyone played with it?

[bramiozo]

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 ?

[Muhammad Mustafa]

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

[Wot]

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.

[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.

[markits]

Puzzled

[touchring]

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!

[blastfromthepast]

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

Take the money, and buy some IDNs.

[Rubber Duck]

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.

[Muhammad Mustafa]

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 :)