<< <i>Chris, first off I'm sorry that it happened to you but does it really matter if you use the net domain as opposed to the
com one? Or do you have followers that use your site and that inconvienced them?
Steve >>
I can live with the .net name. Granted, there have been a lot of references in print and online that have the .com name posted. However, I would like to think that anyone needing the information would check to see if the information is posted under a different name. Of course I had to work a few hours on the site getting things converted to the new address.
7 December 2006 LeonaLewis.net up for auction on eBay
X-Factor star Leona Lewis has been hit by the latest trappings of fame – celebrity cybersquatting. An eagle-eyed cybersquatter from Norfolk, going by the nickname of “pomeranianpuff", is trying to cash in on the singer’s new-found fame by putting the valuable leonalewis.net domain name up for auction on eBay, just as the talent show reaches its final stages.
Official records show that the cybersquatter swooped on Leona’s web address on 11 October, just as she was chosen for the last 10, in the final stages of the competition. With Leona the bookies’ favourite to win with odds as short as 1-5, the cybersquatter looks set to clean up. Leona’s MySpace web site has now been visited over 95,000 times, showing just how valuable her official web address could be.
Jonathan Robinson, Chief Operating Officer of NetNames which manages the domain name portfolios for a third of the FTSE 100 companies and celebrities comments, “You would have thought someone as business savvy as Simon Cowell would have had the foresight to protect Leona’s online profile. Celebrities’ names become their brands and failing to secure all the obvious domain names has left this budding star open to attack online. This mistake could come back to haunt Leona, just as it has fellow divas Celine Dion and Mariah Carey, ironically with whom she has already been compared."
Other cybersquatted pop stars include:
Robbie Williams, who found www.robbiewilliams.info linked to an Oasis fansite. In August 2002 the United Nations copyright agency ruled that cybersquatter Howard Taylor from Southamption had no legal right to the domain name and it was handed back to Robbie.
Sting also found himself stung by a cybersquatter and lost his right to sting.com. The star had to settle out of court, paying a huge amount for the domain, after a court ruling decided that the star had little right to the domain – Sting’s real name is Gordon Sumner.
Bruce Springsteen, Mariah Carey, Kevin Spacey and Celine Dion found their domain names registered by serial cybersquatter Jeff Burger who used the domain’s to link to his own www.celebrity1000.com. Kevin Spacey and ‘The Boss’ Bruce Springsteen both lost legal action for their domains www.brucespringsteen.com still points to an unofficial website. About NetNames
NetNames is part of London listed Group NBT plc (LSE: NBT). Through its industry leading domain name management service, NetNames Platinum Service, the company is responsible for managing and protecting online brands for international corporates, including in excess of 30% of the FTSE 100. The company provides domain names, website hosting and email services for a range of customers – from the home user up to enterprise level. NetNames is an ICANN Accredited Registrar with the ability to register domain names in all available suffixes worldwide. The company is headquartered in London, with offices in New York, Nice, Frankfurt and Madrid. For further information, visit www.netnames.com.
Looking for 1970 MLB Photostamps - uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
When the "craze" first started, I owned more than 500 domains.
A few I used or kept for future use; most I listed for resale.
There is NOTHING "illegal" about that practice.
Absent an IP infringement - and often one that could cause "confusion" among consumers - there is, generally, no tort.
MANY companies/folks have 50K+ domains in their portfolios.
.....................
When a domain registrant puts up a simple for sale or welcome page, he can collect ad revs from sundry companies.
If he parks his domain at another site, he can often collect a small portion of the revs collected by that site operator.
If a name is generating more ad-money than its registration fee, most folks will hold it and continue to try to resell it at a profit. (Sale prices for "junk" names usually run in the one to ten times ad-revenue range. IF you can find someone who wants the name.)
...........................
Buying and selling domain names is a totally legit biznez. Buying expired domains is a legit part of that business.
Obviously, such names must not infringe on another's trademark or other properly secured IP.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
When you register a domain you can purchase it through a group for however many years based on their fees. In my case I only bought it for 2 or 3 years with the plan to renew. Obviously it did not renew. Once your expiration happens the name goes available for anyone to purchase it.
<< <i>When you register a domain you can purchase it through a group for however many years based on their fees. >>
What group are you talking about? Is it some kind of federal or worldwide commission? Does the group handle the "paperwork" or something? I'm not understanding it at all.
<< <i>When you register a domain you can purchase it through a group for however many years based on their fees. >>
What group are you talking about? Is it some kind of federal or worldwide commission? Does the group handle the "paperwork" or something? I'm not understanding it at all. >>
There are different domain name registrars and most website groups also have registration groups. For example, say you wanted to build a website. You could go for example to godaddy.com and see if a web address was available. If so, you can purchase the domain through them. They handle all of the registration.
"...I thought once a name was bought it was owned forever,..."
/////////////////////////
Like Sitting Horse, Crazy Horse and Sitting Bull all sorta said,
"The govt may say that they own my land, but they can only own land that was purchased legitimately. I have never offered to sell my land nor have I ever collected any money for my land. Anybody who sold my land, sold land that they did not own. Anybody who bought my land, bought land that was stolen from me."
IF WinPitcher is a registered TM or another form of "properly" protected IP, my buying/using the domain winpitcher.com would be actionable with a reasonable likelihood of success by the complainant.
If there is no infringement, the complainant's chance of success is greatly diminished.
(If there is NO chance of consumers being "confused" by a respondent's/ defendant's use of a "similar" name, there is less opportunity for a complainant to prevail.)
.............
The two primary remedies:
UDRP - Uniform Domain Name Resolution Policy - is essentially an arbitration scheme that was established under ICANN. Internet Corporation for Assigned Names and Numbers
ACPA - Anticybersquatting Consumer Protection Act - allows complainants to bring their claims to a court of competent jurisdiction.
A UDRP finding can be reversed by a subsequent court ruling.
An ACPA ruling can be appealed.
UDRP and ACPA have substantially different criteria that have to be met.
(Of course, an Unfair Business Practices complaint can also be filed w/o using the ACPA provisions. It may or may not survive w/o amendment.)
............................
UDRP is cheap.
ACPA is expensive.
My personal experience is with ACPA.
I lost in a trial before a judge. The domain was transferred to the Plaintiff. The judge was a lackey for the RICO gang I was fighting with. When I began the appeals process, the gang paid me a fortune to go away and keep quiet "even until after the end of the world."
..........................................
If you buy/hold/use/resell a generic name, you are pretty safe.
If you buy/hold/use/resell a name that is properly TMd or otherwise protected, you are not usually safe.
UDRP has some nitwit panelists though, so you are usually better off in court; corrupt judges notwithstanding.
The mere registration of a protected name is enough to cause a transfer of the registration in both UDRP and ACPA.
You just never really know what will happen in arbitration/litigation until after it has already happened.
"...There are different domain name registrars and most website groups also have registration groups. For example, say you wanted to build a website. You could go for example to godaddy.com and see if a web address was available. If so, you can purchase the domain through them. They handle all of the registration. ..."
/////////////////////////////
For clarity.
Top Level domains - .com, .net, etc. - are issued by Network Solutions.
THEY sell the names to resellers - like godaddy - for about $6 +/-. ICANN collects a little tax; about 25-cents. (These numbers are all in flux right now and hikes are expected.)
godaddy is the top reseller, because they are cheap; and, I guess their service is OK.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
<< <i>So Storm, as long as the person that owns NewYorkYankees.com does not use it in a way that makes people think he is the NY Yankees
he can own that name? Is that what you are saying?
Steve >>
Lots of gray area there. As long as that owner does not use it to profit from or defame the Yankees, then yes. But I also think the Yankees could go after the name if they wanted to. Back in the beginning, whitneyhuston .com actually pointed to networksolutions.com. It was one of network solutions selling angles.
Whitehouse.com used to be an adult site. Mcdonalds.com was once (and may still be) a site pointing to some guy with the last name mcdonald. Mcdonalds actually sued him for the name and I believe they lost.
I do have a question for storm--I own a generic name (well several that I registered back in '98/'99). After this happened to RITM, I checked out my names and sure enough, someone registered the .net on my name and made it into a site selling stuff. If I liven up that name and start a site selling products, am I at risk of getting sued? I've owned the name for over ten years now and registered my .com well before the .net was registered.
IF UDRP continues to call almost every "pickup" registration of expired domains "a bad faith act," the OP would have a great chance of recovering his dotcom.
The challenge is that such names are worth FAR less than it costs to file a UDRP complaint. (That is why the sharks only eat the cheap names.)
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
".....I own a generic name (well several that I registered back in '98/'99). After this happened to RITM, I checked out my names and sure enough, someone registered the .net on my name and made it into a site selling stuff. If I liven up that name and start a site selling products, am I at risk of getting sued? I've owned the name for over ten years now and registered my .com well before the .net was registered...."
//////////////////////////
Your lawyer will tell you the short answer, "Anybody can sue anybody for anything."
Your hypothetical does not primarily involve a "domain name" issue.
If your dotcom started selling the same stuff as the dotnet, he might have a lawyer tell you to cease and desist. If you were selling different stuff than the dotnet, he would prolly leave you alone. Or, he might still come after you; no way to predict.
Assuming that neither party had properly registered/protected any IP attendant to the name, anybody deciding the matter would likely look, in large part, at who had put the most effort into building a biznez upon the name.
.......................
Folks who want to properly protect their IP really need to get a lawyer to help with the process BEFORE they start using any biz name.
In this TERRIBLE economy, plenty of young lawyers will negotiate their fees into the reasonable range.
Folks with really good reading skills can use outfits like
legalzoom.com
to help with the process. Much cheaper than using a lawyer, BUT you have to be careful and certain that you do everything JUST RIGHT. The tiniest error can/will make your filings worthless.
............................
mcdonalds.com is currently the hamburger joint.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
<< <i>When the "craze" first started, I owned more than 500 domains.
A few I used or kept for future use; most I listed for resale.
There is NOTHING "illegal" about that practice.
Absent an IP infringement - and often one that could cause "confusion" among consumers - there is, generally, no tort.
MANY companies/folks have 50K+ domains in their portfolios.
.....................
When a domain registrant puts up a simple for sale or welcome page, he can collect ad revs from sundry companies.
If he parks his domain at another site, he can often collect a small portion of the revs collected by that site operator.
If a name is generating more ad-money than its registration fee, most folks will hold it and continue to try to resell it at a profit. (Sale prices for "junk" names usually run in the one to ten times ad-revenue range. IF you can find someone who wants the name.)
...........................
Buying and selling domain names is a totally legit biznez. Buying expired domains is a legit part of that business.
Obviously, such names must not infringe on another's trademark or other properly secured IP. >>
Domaining is a very interesting business. Have thought of buying names, but can't find any good books on it. Keeping names generic seems to be key, should keep you out of trouble.
To keep you all updated the process is ongoing with the people that bought the domain. I guess I should be flattered that these people thought enough of the site to buy the domain and put a public price tag on it. Of course I offered to buy it back but at a price lower than their $240 demand.
<< <i>"...Of course I offered to buy it back but at a price lower than their $240 demand...."
///////////////////
I would stand firm on the lower price.
Nobody else is likely to buy it from the Ruskie.
He should come around, eventually. >>
I told them that the .net address has everything (and more) than the .com and it will be a matter of time before the search engines pick up the .net pages. Considering that most of the traffic is generated through message boards and search engines it's really not a big deal. The only value they can hope for on my part is sentimental value. I reminded them that it's better to cash in that deal with renewing the site year after year after year. My domain agent said it's been an interesting dialogue with them as well. They said that generally people cave in and pay absurd amounts when they realize the domain is gone. Although I made an offer in this case I'm not that rattled in getting it back or not. At this point it would actually be more work on me to go back to the .com.
<< <i>"...Of course I offered to buy it back but at a price lower than their $240 demand...."
///////////////////
I would stand firm on the lower price.
Nobody else is likely to buy it from the Ruskie.
He should come around, eventually. >>
I told them that the .net address has everything (and more) than the .com and it will be a matter of time before the search engines pick up the .net pages. Considering that most of the traffic is generated through message boards and search engines it's really not a big deal. The only value they can hope for on my part is sentimental value. I reminded them that it's better to cash in that deal with renewing the site year after year after year. My domain agent said it's been an interesting dialogue with them as well. They said that generally people cave in and pay absurd amounts when they realize the domain is gone. Although I made an offer in this case I'm not that rattled in getting it back or not. At this point it would actually be more work on me to go back to the .com. >>
.com's usually have more value then .net(for the most part). Also when people go to ripkenintheminors.com, they think the site is gone. Most people won't think to look for a .net addy. The .com also has a pr of 2, so it will have some value.
Received a message from the domain owner saying that will accept the offer I made. However, they will only work out the specifics through escrow.com and not work through the agent at godaddy.com. What makes this awkward is that the site was registered through godaddy and the process would be so much easier. Either way it looks like I might be getting my domain back.
<< <i>Received a message from the domain owner saying that will accept the offer I made. However, they will only work out the specifics through escrow.com and not work through the agent at godaddy.com. What makes this awkward is that the site was registered through godaddy and the process would be so much easier. Either way it looks like I might be getting my domain back. >>
I've never dealt with escrow.com, but the last time I saw it mentioned here, storm posted this link. I'd suggest that you contact storm or do some research before sending too much money.
good news, glad to hear, you gonna keep both sites up and running, maybe have .com as your main stream polished main stuff page and the .net to post everything including the in depth interviews and hypothesis/thoughts...
<< <i>Received a message from the domain owner saying that will accept the offer I made. However, they will only work out the specifics through escrow.com and not work through the agent at godaddy.com. What makes this awkward is that the site was registered through godaddy and the process would be so much easier. Either way it looks like I might be getting my domain back. >>
Best news I've heard all day!
Successful dealings with Wcsportscards94558, EagleEyeKid, SamsGirl214, Volver, DwayneDrain, Oaksey25, Griffins, Cardfan07, Etc.
If the site is only a vanity site (i.e. no real commercial value and marginal traffic) the best approach is ALWAYS to wait a couple of weeks and then try to re-renew it. These guys have some sort of illegal "in" with some of the registrars (especially shady operators like GoDaddy) and put in "bids", if you will, on expiring sites and on sites that people have inquired about via a WhoIs, then let the name go in a week or two and get a refund. The regulating bodies have made it absurdly cheap to do this, and the handful of people who panic and offer to buy the name back more than pay for then doing it.
---------------------- Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989 ----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>There is likely a 50/50 chance that you will get scammed, if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages.
<< <i>There is likely a 50/50 chance that you will get scammed, if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages. >>
They are taking forever to amp up your level of interest. Have you tried grabbing it lately without going through these guys? They may have let it go.
---------------------- Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989 ----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>There is likely a 50/50 chance that you will get scammed, if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages. >>
They are taking forever to amp up your level of interest. Have you tried grabbing it lately without going through these guys? They may have let it go. >>
<< <i>If the site is only a vanity site (i.e. no real commercial value and marginal traffic) the best approach is ALWAYS to wait a couple of weeks and then try to re-renew it. These guys have some sort of illegal "in" with some of the registrars (especially shady operators like GoDaddy) and put in "bids", if you will, on expiring sites and on sites that people have inquired about via a WhoIs, then let the name go in a week or two and get a refund. The regulating bodies have made it absurdly cheap to do this, and the handful of people who panic and offer to buy the name back more than pay for then doing it. >>
How can he renew it if someone else owns it? Thought anyone could bid on a domain name once it expires? Still confused about this stuff.
Worked out the specifics to get a deal in place to get the .com address back. I checked out the escrow process and feel pretty comfortable about it. The money does not change hands until the site is in my name. Even though the deal was not worked out through godaddy the people there say this is a safe transaction going through escrow. Still, I hope this doesn't end bad. I can live with the .net address but can live with paying to get the .com address back and go ahead and lock it up for a 10 year contract. Not sure how long of a process this is but the wheels are turning. Thanks again to everyone for the support.
<< <i>If the site is only a vanity site (i.e. no real commercial value and marginal traffic) the best approach is ALWAYS to wait a couple of weeks and then try to re-renew it. These guys have some sort of illegal "in" with some of the registrars (especially shady operators like GoDaddy) and put in "bids", if you will, on expiring sites and on sites that people have inquired about via a WhoIs, then let the name go in a week or two and get a refund. The regulating bodies have made it absurdly cheap to do this, and the handful of people who panic and offer to buy the name back more than pay for then doing it. >>
How can he renew it if someone else owns it? Thought anyone could bid on a domain name once it expires? Still confused about this stuff. >>
This is true, but there is a loophole in the process that lets people "buy" a name, sit on it for a few days, then let it go and get a refund. If they have an "in" with the right people, they apparently can do the whole thing without forking over the money. What this means is that they can "buy" names that people let expire or even just inquire about, wait for the person to come crawling to them to buy it, or just get the refund.
That is how these guys squat on hundreds of names at a time without any real cost to them. If one out of a hundred times someone pays them, it's worth it to them.
On a couple of occasions, I had a name (vanity site - meaningless name, so not one that someone else was at all likely to want) that I did a whois on, then waited a day to buy, and then bought via PayPal. While the transaction was clearing, someone sat on the name hoping to make a buck. I waited a week with NO activity, and it was free again. No fuss no muss.
However, if it's a popular name, all bets are off. That sounds like what happened here.
---------------------- Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989 ----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
Payment sent to escrow so it's time to cross the fingers and hope for the best. Not sure how long the process will take but things may be back to normal before long.
The funds are currently being held by escrow and they tell me that they have told the seller to put the domain in my account. Once they turn over the domain I will have 5 days to make sure things are in proper order. Hopefully this will end well before the week is over. On a more serious note my 3 year old daughter was taken to the hospital today after what she called a hurt in her hip. The docs got concerned and did some preliminary tests. First round is ok but now we have to get further tests done tomorrow. After dealing with some anxiety issues last fall I learned the importance of keeping life in proper balance and focus. Today was just another reminder of how we are a phone call or text away from a life changed.
Chris, glad to hear you will have your domain back, and most importantly I'm glad your daughter is ok. I'll keep her in my prayers. As a father of a 4 yr and a 1 yr old I know how scary any accident can be.
Thanks for the well wishes for the family. It's always a scary situation when the doctor starts telling you words you don't want to think about when you went in for what you thought was a basic cold. Hopefully tomorrow is a better day.
Been a long and difficult day. We went and had ultrasounds done earlier today. I spoke with our physician as they were getting the results and was told they would call me back. This over 30 minutes ago. I'm officially past the point of being concerned.
Fortunately the ultrasound revealed that the organs are working properly. However, there is no answer as to the high levels of glucose. The doctors did rule out the possibility of juvenile diabetes. Tomorrow will be another full day of tests.
Of course my full attention and focus is on my daughter. However, I did receive the following message today:
Dear Valued GoDaddy.com Customer:
The registration of the following domain name(s) has been successfully transferred to you:
RIPKENINTHEMINORS.COM
Now's the time to make sure all the information associated with this domain is accurate and up to date.
I checked it out and the domain and all registration are in my name under my account. The people at GoDaddy assured me that now that the site is in my name that I have nothing to worry about. I will have to keep the domain in their account for at least 60 days. However, once I have the opportunity to work on the site I can set the nameservers to the GD address and bring ripkenintheminors.com back to life!
So basically my kid won't be able to go to college, but at least I'll have a set where the three most expensive cards are of a player I despise ~ CDsNuts
Comments
Ripken in the Minors * Ripken in the Minors Facebook Page
com one? Or do you have followers that use your site and that inconvienced them?
Steve
<< <i>Chris, first off I'm sorry that it happened to you but does it really matter if you use the net domain as opposed to the
com one? Or do you have followers that use your site and that inconvienced them?
Steve >>
I can live with the .net name. Granted, there have been a lot of references in print and online that have the .com name posted. However, I would like to think that anyone needing the information would check to see if the information is posted under a different name. Of course I had to work a few hours on the site getting things converted to the new address.
Ripken in the Minors * Ripken in the Minors Facebook Page
<< <i>So am I to understand that there are people out there that wait for a domain name to expire and they go in and
buy it so they can try to sell it back to the original owner?
Steve >>
not only that, but they buy up domain names that "they" think will be hot down the road in hopes to sell them in the future....
illegal, but some get "away" with it...
Looking for 1970 MLB Photostamps
- uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
That is why they use Yankees.com.
Shawn Hannity was another victim of it too, he tried to register his name under all 5 domains
and someone had the for sight to already have owned them.
I was unaware that it was illegal though. Is that new? At one time it wasn't.
one other question do these domain names have an expiration date every year? Or just some depending
on how you buy them to begin with? Like does Macy's have to re register every year?
Steve
Ham
Looking for 1970 MLB Photostamps
- uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
<< <i>Swartzie yeah I knew about that, like someone owns NYYankees.com the Yanks do not.
That is why they use Yankees.com.
Shawn Hannity was another victim of it too, he tried to register his name under all 5 domains
and someone had the for sight to already have owned them.
I was unaware that it was illegal though. Is that new? At one time it wasn't.
one other question do these domain names have an expiration date every year? Or just some depending
on how you buy them to begin with? Like does Macy's have to re register every year?
Steve >>
technically it is squatting...
is it illegal...guess you have to let the courts decide...
Looking for 1970 MLB Photostamps
- uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
7 December 2006
LeonaLewis.net up for auction on eBay
X-Factor star Leona Lewis has been hit by the latest trappings of fame – celebrity cybersquatting. An eagle-eyed cybersquatter from Norfolk, going by the nickname of “pomeranianpuff", is trying to cash in on the singer’s new-found fame by putting the valuable leonalewis.net domain name up for auction on eBay, just as the talent show reaches its final stages.
Official records show that the cybersquatter swooped on Leona’s web address on 11 October, just as she was chosen for the last 10, in the final stages of the competition. With Leona the bookies’ favourite to win with odds as short as 1-5, the cybersquatter looks set to clean up. Leona’s MySpace web site has now been visited over 95,000 times, showing just how valuable her official web address could be.
Jonathan Robinson, Chief Operating Officer of NetNames which manages the domain name portfolios for a third of the FTSE 100 companies and celebrities comments, “You would have thought someone as business savvy as Simon Cowell would have had the foresight to protect Leona’s online profile. Celebrities’ names become their brands and failing to secure all the obvious domain names has left this budding star open to attack online. This mistake could come back to haunt Leona, just as it has fellow divas Celine Dion and Mariah Carey, ironically with whom she has already been compared."
Other cybersquatted pop stars include:
Robbie Williams, who found www.robbiewilliams.info linked to an Oasis fansite. In August 2002 the United Nations copyright agency ruled that cybersquatter Howard Taylor from Southamption had no legal right to the domain name and it was handed back to Robbie.
Sting also found himself stung by a cybersquatter and lost his right to sting.com. The star had to settle out of court, paying a huge amount for the domain, after a court ruling decided that the star had little right to the domain – Sting’s real name is Gordon Sumner.
Bruce Springsteen, Mariah Carey, Kevin Spacey and Celine Dion found their domain names registered by serial cybersquatter Jeff Burger who used the domain’s to link to his own www.celebrity1000.com. Kevin Spacey and ‘The Boss’ Bruce Springsteen both lost legal action for their domains www.brucespringsteen.com still points to an unofficial website.
About NetNames
NetNames is part of London listed Group NBT plc (LSE: NBT). Through its industry leading domain name management service, NetNames Platinum Service, the company is responsible for managing and protecting online brands for international corporates, including in excess of 30% of the FTSE 100. The company provides domain names, website hosting and email services for a range of customers – from the home user up to enterprise level. NetNames is an ICANN Accredited Registrar with the ability to register domain names in all available suffixes worldwide. The company is headquartered in London, with offices in New York, Nice, Frankfurt and Madrid. For further information, visit www.netnames.com.
Looking for 1970 MLB Photostamps
- uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
A few I used or kept for future use; most I listed for resale.
There is NOTHING "illegal" about that practice.
Absent an IP infringement - and often one that could cause
"confusion" among consumers - there is, generally, no tort.
MANY companies/folks have 50K+ domains in their portfolios.
.....................
When a domain registrant puts up a simple for sale or welcome
page, he can collect ad revs from sundry companies.
If he parks his domain at another site, he can often collect
a small portion of the revs collected by that site operator.
If a name is generating more ad-money than its registration fee,
most folks will hold it and continue to try to resell it at a profit.
(Sale prices for "junk" names usually run in the one to ten
times ad-revenue range. IF you can find someone who wants
the name.)
...........................
Buying and selling domain names is a totally legit biznez.
Buying expired domains is a legit part of that business.
Obviously, such names must not infringe on another's
trademark or other properly secured IP.
one is using a trademark or someone else name...
while the second is using a generic non-proprietary name...
I think the first is illegal...
if I am wrong someone enlighten me...
Looking for 1970 MLB Photostamps
- uncut
Positive Transactions - tennesseebanker, Ahmanfan, Donruss, Colebear, CDsNuts, rbdjr1, Downtown1974, yankeeno7, drewsef, mnolan, mrbud60, msassin, RipublicaninMass, AkbarClone, rustywilly, lsutigers1973, julen23 and nam812, plus many others...
They had no laws in place at the time so folks would buy up all these names.
Again this is exactly the reason why the New York Yankees are WWW.Yankees.com
Someone very early bought NewYorkYankees.com for use as a fan site or some other use.
Companies like Ford (just using them as an example, I have no idea if it happened to them) might have had to pay someone off so they could use
that name for there site. I'd say around 1996,7 and 8 was the peak for all this.
It is possible that I am not 100% correct but it is what I always thought from reading about it back then.
I thought once a name was bought it was owned forever, that is why I asked that other question earlier.
Steve
Ripken in the Minors * Ripken in the Minors Facebook Page
<< <i>When you register a domain you can purchase it through a group for however many years based on their fees. >>
What group are you talking about? Is it some kind of federal or worldwide commission? Does the group handle the "paperwork" or something? I'm not understanding it at all.
<< <i>
<< <i>When you register a domain you can purchase it through a group for however many years based on their fees. >>
What group are you talking about? Is it some kind of federal or worldwide commission? Does the group handle the "paperwork" or something? I'm not understanding it at all. >>
There are different domain name registrars and most website groups also have registration groups. For example, say you wanted to build a website. You could go for example to godaddy.com and see if a web address was available. If so, you can purchase the domain through them. They handle all of the registration.
Ripken in the Minors * Ripken in the Minors Facebook Page
/////////////////////////
Like Sitting Horse, Crazy Horse and Sitting Bull all sorta said,
"The govt may say that they own my land, but they can only own land that was purchased legitimately. I have
never offered to sell my land nor have I ever collected any money for my land. Anybody who sold my land, sold
land that they did not own. Anybody who bought my land, bought land that was stolen from me."
IF WinPitcher is a registered TM or another form of "properly" protected IP,
my buying/using the domain winpitcher.com would be actionable with
a reasonable likelihood of success by the complainant.
If there is no infringement, the complainant's chance of success is greatly
diminished.
(If there is NO chance of consumers being "confused" by a respondent's/
defendant's use of a "similar" name, there is less opportunity for a
complainant to prevail.)
.............
The two primary remedies:
UDRP - Uniform Domain Name Resolution Policy - is essentially an arbitration
scheme that was established under ICANN. Internet Corporation for Assigned
Names and Numbers
ACPA - Anticybersquatting Consumer Protection Act - allows complainants to
bring their claims to a court of competent jurisdiction.
A UDRP finding can be reversed by a subsequent court ruling.
An ACPA ruling can be appealed.
UDRP and ACPA have substantially different criteria that have to be met.
(Of course, an Unfair Business Practices complaint can also be filed w/o
using the ACPA provisions. It may or may not survive w/o amendment.)
............................
UDRP is cheap.
ACPA is expensive.
My personal experience is with ACPA.
I lost in a trial before a judge. The domain was transferred to the Plaintiff.
The judge was a lackey for the RICO gang I was fighting with. When I began
the appeals process, the gang paid me a fortune to go away and keep quiet
"even until after the end of the world."
..........................................
If you buy/hold/use/resell a generic name, you are pretty safe.
If you buy/hold/use/resell a name that is properly TMd or otherwise
protected, you are not usually safe.
UDRP has some nitwit panelists though, so you are usually
better off in court; corrupt judges notwithstanding.
The mere registration of a protected name is enough to cause
a transfer of the registration in both UDRP and ACPA.
You just never really know what will happen in arbitration/litigation
until after it has already happened.
///////////////////////////////
A Bad UDRP Decision....With Good Comments
/////////////////////////////////////////
Domains have to be renewed.
A failure to renew a domain that incorporates "properly" protected IP,
does not generally give me a right to buy/hold/use/resell the domain.
A lapsed generic name is pretty much fair game.
Important to note that if the OP had simply renewed his domain as
required, we would not be having this chat.
/////////////////////////////
For clarity.
Top Level domains - .com, .net, etc. - are issued by Network Solutions.
THEY sell the names to resellers - like godaddy - for about $6 +/-. ICANN
collects a little tax; about 25-cents. (These numbers are all in flux right
now and hikes are expected.)
godaddy is the top reseller, because they are cheap; and, I guess their
service is OK.
he can own that name? Is that what you are saying?
Steve
<< <i>So Storm, as long as the person that owns NewYorkYankees.com does not use it in a way that makes people think he is the NY Yankees
he can own that name? Is that what you are saying?
Steve >>
Lots of gray area there. As long as that owner does not use it to profit from or defame the Yankees, then yes. But I also think the Yankees could go after the name if they wanted to. Back in the beginning, whitneyhuston .com actually pointed to networksolutions.com. It was one of network solutions selling angles.
Whitehouse.com used to be an adult site. Mcdonalds.com was once (and may still be) a site pointing to some guy with the last name mcdonald. Mcdonalds actually sued him for the name and I believe they lost.
I do have a question for storm--I own a generic name (well several that I registered back in '98/'99). After this happened to RITM, I checked out my names and sure enough, someone registered the .net on my name and made it into a site selling stuff. If I liven up that name and start a site selling products, am I at risk of getting sued? I've owned the name for over ten years now and registered my .com well before the .net was registered.
<< <i>So Storm, as long as the person that owns NewYorkYankees.com does not use it in a way that makes people think he is the NY Yankees
he can own that name? Is that what you are saying?
Steve >>
///////////////////////
No.
The mere act of registration can constitute an actionable tort; use is not a critical test.
Confusion is one test.
TM infringement is another.
..........................................
BUT, for clarity:
thenewyorkyankees.com
newyorkyankees.com
newyorkyankees.net
All direct to
http://newyork.yankees.mlb.com/index.jsp?c_id=nyy
thenewyorkyankees.net
directs to a parking page at godaddy
..............................................................
Re: ripkenintheminors
IF UDRP continues to call almost every "pickup" registration
of expired domains "a bad faith act," the OP would have a
great chance of recovering his dotcom.
The challenge is that such names are worth FAR less than
it costs to file a UDRP complaint. (That is why the sharks only
eat the cheap names.)
//////////////////////////
Your lawyer will tell you the short answer, "Anybody can sue anybody for anything."
Your hypothetical does not primarily involve a "domain name" issue.
If your dotcom started selling the same stuff as the dotnet, he might have a lawyer
tell you to cease and desist. If you were selling different stuff than the dotnet, he
would prolly leave you alone. Or, he might still come after you; no way to predict.
Assuming that neither party had properly registered/protected any IP attendant to
the name, anybody deciding the matter would likely look, in large part, at who had
put the most effort into building a biznez upon the name.
.......................
Folks who want to properly protect their IP really need to get a lawyer to help with
the process BEFORE they start using any biz name.
In this TERRIBLE economy, plenty of young lawyers will negotiate their fees into the
reasonable range.
Folks with really good reading skills can use outfits like
legalzoom.com
to help with the process. Much cheaper than using a lawyer, BUT you have to be
careful and certain that you do everything JUST RIGHT. The tiniest error can/will
make your filings worthless.
............................
mcdonalds.com is currently the hamburger joint.
<< <i>When the "craze" first started, I owned more than 500 domains.
A few I used or kept for future use; most I listed for resale.
There is NOTHING "illegal" about that practice.
Absent an IP infringement - and often one that could cause
"confusion" among consumers - there is, generally, no tort.
MANY companies/folks have 50K+ domains in their portfolios.
.....................
When a domain registrant puts up a simple for sale or welcome
page, he can collect ad revs from sundry companies.
If he parks his domain at another site, he can often collect
a small portion of the revs collected by that site operator.
If a name is generating more ad-money than its registration fee,
most folks will hold it and continue to try to resell it at a profit.
(Sale prices for "junk" names usually run in the one to ten
times ad-revenue range. IF you can find someone who wants
the name.)
...........................
Buying and selling domain names is a totally legit biznez.
Buying expired domains is a legit part of that business.
Obviously, such names must not infringe on another's
trademark or other properly secured IP. >>
Domaining is a very interesting business. Have thought of buying names, but can't find any good books on it. Keeping names generic seems to be key, should keep you out of trouble.
Save on ebay with Big Crumbs
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"...Of course I offered to buy it back but at a price lower than their $240 demand...."
///////////////////
I would stand firm on the lower price.
Nobody else is likely to buy it from the Ruskie.
He should come around, eventually.
<< <i>"...Of course I offered to buy it back but at a price lower than their $240 demand...."
///////////////////
I would stand firm on the lower price.
Nobody else is likely to buy it from the Ruskie.
He should come around, eventually. >>
I told them that the .net address has everything (and more) than the .com and it will be a matter of time before the search engines pick up the .net pages. Considering that most of the traffic is generated through message boards and search engines it's really not a big deal. The only value they can hope for on my part is sentimental value. I reminded them that it's better to cash in that deal with renewing the site year after year after year. My domain agent said it's been an interesting dialogue with them as well. They said that generally people cave in and pay absurd amounts when they realize the domain is gone. Although I made an offer in this case I'm not that rattled in getting it back or not. At this point it would actually be more work on me to go back to the .com.
Ripken in the Minors * Ripken in the Minors Facebook Page
<< <i>
<< <i>"...Of course I offered to buy it back but at a price lower than their $240 demand...."
///////////////////
I would stand firm on the lower price.
Nobody else is likely to buy it from the Ruskie.
He should come around, eventually. >>
I told them that the .net address has everything (and more) than the .com and it will be a matter of time before the search engines pick up the .net pages. Considering that most of the traffic is generated through message boards and search engines it's really not a big deal. The only value they can hope for on my part is sentimental value. I reminded them that it's better to cash in that deal with renewing the site year after year after year. My domain agent said it's been an interesting dialogue with them as well. They said that generally people cave in and pay absurd amounts when they realize the domain is gone. Although I made an offer in this case I'm not that rattled in getting it back or not. At this point it would actually be more work on me to go back to the .com. >>
.com's usually have more value then .net(for the most part). Also when people go to ripkenintheminors.com, they think the site is gone. Most people won't think to look for a .net addy. The .com also has a pr of 2, so it will have some value.
Save on ebay with Big Crumbs
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<< <i>Received a message from the domain owner saying that will accept the offer I made. However, they will only work out the specifics through escrow.com and not work through the agent at godaddy.com. What makes this awkward is that the site was registered through godaddy and the process would be so much easier. Either way it looks like I might be getting my domain back. >>
I've never dealt with escrow.com, but the last time I saw it mentioned here, storm posted this link. I'd suggest that you contact storm or do some research before sending too much money.
<< <i>Received a message from the domain owner saying that will accept the offer I made. However, they will only work out the specifics through escrow.com and not work through the agent at godaddy.com. What makes this awkward is that the site was registered through godaddy and the process would be so much easier. Either way it looks like I might be getting my domain back. >>
Best news I've heard all day!
There is likely a 50/50 chance that you will get scammed,
if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not
to allow GD to do the deal.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>There is likely a 50/50 chance that you will get scammed,
if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not
to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages.
Ripken in the Minors * Ripken in the Minors Facebook Page
<< <i>
<< <i>There is likely a 50/50 chance that you will get scammed,
if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not
to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages. >>
They are taking forever to amp up your level of interest. Have you tried grabbing it lately without going through these guys? They may have let it go.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>
<< <i>
<< <i>There is likely a 50/50 chance that you will get scammed,
if you follow the guy's escrow instructions.
The guy cannot POSSIBLY have any good faith reason not
to allow GD to do the deal. >>
That is what I am thinking.
At the end of the day the people doing the buying up of the web addresses either do not need the cash or they are terrible at what they do. This could've been resolved much faster if they did not take forever responding to messages. >>
They are taking forever to amp up your level of interest. Have you tried grabbing it lately without going through these guys? They may have let it go. >>
Nope, they have it registered until late 2010.
Ripken in the Minors * Ripken in the Minors Facebook Page
<< <i>If the site is only a vanity site (i.e. no real commercial value and marginal traffic) the best approach is ALWAYS to wait a couple of weeks and then try to re-renew it. These guys have some sort of illegal "in" with some of the registrars (especially shady operators like GoDaddy) and put in "bids", if you will, on expiring sites and on sites that people have inquired about via a WhoIs, then let the name go in a week or two and get a refund. The regulating bodies have made it absurdly cheap to do this, and the handful of people who panic and offer to buy the name back more than pay for then doing it. >>
How can he renew it if someone else owns it? Thought anyone could bid on a domain name once it expires? Still confused about this stuff.
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Unique Chicago Cards
Wrestling Cards
<< <i>
<< <i>If the site is only a vanity site (i.e. no real commercial value and marginal traffic) the best approach is ALWAYS to wait a couple of weeks and then try to re-renew it. These guys have some sort of illegal "in" with some of the registrars (especially shady operators like GoDaddy) and put in "bids", if you will, on expiring sites and on sites that people have inquired about via a WhoIs, then let the name go in a week or two and get a refund. The regulating bodies have made it absurdly cheap to do this, and the handful of people who panic and offer to buy the name back more than pay for then doing it. >>
How can he renew it if someone else owns it? Thought anyone could bid on a domain name once it expires? Still confused about this stuff. >>
This is true, but there is a loophole in the process that lets people "buy" a name, sit on it for a few days, then let it go and get a refund. If they have an "in" with the right people, they apparently can do the whole thing without forking over the money. What this means is that they can "buy" names that people let expire or even just inquire about, wait for the person to come crawling to them to buy it, or just get the refund.
That is how these guys squat on hundreds of names at a time without any real cost to them. If one out of a hundred times someone pays them, it's worth it to them.
On a couple of occasions, I had a name (vanity site - meaningless name, so not one that someone else was at all likely to want) that I did a whois on, then waited a day to buy, and then bought via PayPal. While the transaction was clearing, someone sat on the name hoping to make a buck. I waited a week with NO activity, and it was free again. No fuss no muss.
However, if it's a popular name, all bets are off. That sounds like what happened here.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
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brian
Ripken in the Minors * Ripken in the Minors Facebook Page
Any updates on your daughter?
Thanks
IMF
<< <i>Chris:
Any updates on your daughter?
Thanks
IMF >>
Been a long and difficult day. We went and had ultrasounds done earlier today. I spoke with our physician as they were getting the results and was told they would call me back. This over 30 minutes ago. I'm officially past the point of being concerned.
Ripken in the Minors * Ripken in the Minors Facebook Page
Of course my full attention and focus is on my daughter. However, I did receive the following message today:
Dear Valued GoDaddy.com Customer:
The registration of the following domain name(s) has been successfully transferred to you:
RIPKENINTHEMINORS.COM
Now's the time to make sure all the information associated with this domain is accurate and up to date.
I checked it out and the domain and all registration are in my name under my account. The people at GoDaddy assured me that now that the site is in my name that I have nothing to worry about. I will have to keep the domain in their account for at least 60 days. However, once I have the opportunity to work on the site I can set the nameservers to the GD address and bring ripkenintheminors.com back to life!
Ripken in the Minors * Ripken in the Minors Facebook Page
Hope all goes well