Domain dispute - Russian dude wants all chatroulette 'related' domains

[Smut-Talk]

i got an official mail/letter by courier from the apparently very cocky "inventor" of above mentioned website.
(so much for domain protection)

Apparently Andrey Ternovskiy his website doesn't do so well, and he lacks any other ideas, and this is his new way of getting more visitors.
And this makes clear he is on his way out.. Fast

Funny thing is he references how he gets 500 visitors a day in Jan. 2010, and 260,000 unique monthly visitors in the 13-month period August 2016 – August 2016, thats laughable at least!
That's about 666 views a day!
(and this took him over 7 years??!! to get 166 extra visitors?)
I have landing pages that do better...

He could have saved himself a lot of money by just asking to buy the domainname...

Hell i didn't do shit on my site, was about to, but didn't yet. Just put a WP install on there, with a CB plugin, with indexing off!
(i should check visitors stats, bet i got more than he got. lol)

I googled a bit and he is after all domains with reference to his domain.
Found a bunch of wipo cases like mine.
He trademarked his site name, and he always seem to win.
Specially if you have anything related to a form of chat or live streaming.
So i think basicly i am fucked and will loose my domainname.

So if you have any domain mentioning chat and roulette, or random chat etc, you can aspect a wipo domain dispute in the (near) future.
The way i read his complaint, he is going after every site that's even a bit like his, so be warned.

Any advice on this is welcome, should i just give him the domain, or not respond and just wait?

Thanks for reading

[just a punk]

Tell him to GFY and block his email.

[wehateporn]

http://www.inc.com/magazine/201107/h...troulette.html

http://www.newyorker.com/news/news-d...f-chatroulette

Chatroulette founder Andrey Ternovskiy: 'If I sold...' - May. 26, 2010

[Smut-Talk]

Originally Posted by CyberSEO

Tell him to GFY and block his email.

Eh, i got the complaint delivered by courier..


I am still learning about this dispute thing.
Not sure that not giving in is the best thing to do.
I read some previous cases and (not sure) the way i see it, if i do not react, or tell him to GFY, he wins by default...

On the other hand, if i will loose anyway, and it doesnt cost me a bunch of money, i just might do that!

[Smut-Talk]

Originally Posted by wehateporn

How I Did It: Andrey Ternovskiy of Chatroulette | Inc.com

Andrey Ternovskiy on the Future of Chatroulette - The New Yorker

Chatroulette founder Andrey Ternovskiy: 'If I sold...' - May. 26, 2010

So basicly he was already on his way out years ago...
Wonder if he going to sue chaturbate also than....

[Bladewire]

Barry-xlovecam is really knowledgeable about this stuff let's hope he chimes in here

[Smut-Talk]

Anybody had any experience with a wipo dispute before?
Am i right to that when i do send a reaction, even when i contest his case, or do nothing, or tell him to GFY, it will not cost me any fees, only when i want it a 3 person jury, it will?

[sarettah]

Originally Posted by Smut-Talk

Eh, i got the complaint delivered by courier..


I am still learning about this dispute thing.
Not sure that not giving in is the best thing to do.
I read some previous cases and (not sure) the way i see it, if i do not react, or tell him to GFY, he wins by default...

On the other hand, if i will loose anyway, and it doesnt cost me a bunch of money, i just might do that!

If I remember right, it will cost him a minimum of $1500 to file a UDRP against you. So offer to sell it to him for $1499.

.

[Smut-Talk]

Originally Posted by Bladewire

Barry-xlovecam is really knowledgeable about this stuff let's hope he chimes in here

I could use some help.
I am not good at this legal stuff, and because it is in English makes it more difficult.

[Smut-Talk]

Originally Posted by sarettah

If I remember right, it will cost him a minimum of $1500 to file a UDRP against you. So offer to sell it to him for $1499.

.

LOL that be a nice move! Not sure though it would be the case, i already got the letter, so didn't he already pay than?

[Brian mike]

That's fucked. Which country are you base and which country he is base off ?

Where is host the domain name ?

Sorry to hear about your problem wit this dude.

[Bladewire]

I did a quick search of his past WIPO's and all of them have typosquatting related to mis spellings of "chatroulette"

https://www.google.com/search?q="And...t=0&sa=N&dpr=2

Scroll to the Very bottom of each WIPO to see the domains disputed. What are your domains he's challenging?

[Smut-Talk]

Originally Posted by Brian mike

That's fucked. Which country are you base and which country he is base off ?

Where is host the domain name ?

Sorry to hear about your problem wit this dude.

Not sure any of that matters...
It is a Wipo domain dispute, so they decide and the domain seller (as a member of icann) must do as they say. The domain is locked atm.

(Hey, but still resolves!)

As you can read he is from Russia, host and i are located in EU.

[Bladewire]

Originally Posted by Smut-Talk

i already got the letter, so didn't he already pay than?

What is the WIPO case number on the paperwork you were served with?

[Smut-Talk]

Originally Posted by Bladewire

I did a quick search of his past WIPO's and all of them have typosquatting related to mis spellings of "chatroulette"

https://www.google.com/search?q="And...t=0&sa=N&dpr=2

Scroll to the Very bottom of each WIPO to see the domains disputed. What are your domains he's challenging?

I am the first hit in giggle! whahaha
Chatroulettes dot co

[Smut-Talk]

Looks like he became a copyrighttroll...


https://www.dndisputes.com/case/comp...-chatroulette/

[Bladewire]

Originally Posted by Smut-Talk

I am the first hit in giggle! whahaha
Chatroulettes dot co

Oh no wonder! lol

Chatroulette.com WIPO disputes

He will go after you, but he hasn't filed yet so, yet again, Sarettah is correct!

Originally Posted by sarettah

..it will cost him a minimum of $1500 to file a UDRP against you. So offer to sell it to him for $1499.

[woj]

- if the case was in motion you would have received a letter from UDRP "court"...
- it's free to reply during UDRP proceedings...
does your domain contain 'chatroulette'? If so, you are fucked, zero chance of winning UDRP battle...

[Brian mike]

Originally Posted by Smut-Talk

I am the first hit in giggle! whahaha
Chatroulettes dot co

[Smut-Talk]

Originally Posted by Brian mike

I mean the first in giggle on the search results as by the post of Bladewire!
But still....

[Smut-Talk]

Originally Posted by woj

- if the case was in motion you would have received a letter from UDRP "court"...
- it's free to reply during UDRP proceedings...
does your domain contain 'chatroulette'? If so, you are fucked, zero chance of winning UDRP battle...

Eh see post before it is chatroulettes.....
Thats what i thought, dont have a chance...

[Bladewire]

Originally Posted by Smut-Talk

Looks like he became a copyrighttroll...


https://www.dndisputes.com/case/comp...-chatroulette/

Oh WOW this site has more results than the WIPO site itself I wonder why.

[Smut-Talk]

Originally Posted by Bladewire

Oh no wonder! lol

He only has four WIPO cases and all are closed

Full Text Search on WIPO Panel Decisions

He will go after you, but he hasn't filed yet so, yet again, Sarettah is correct!

Eh https://imgur.com/a/c2N0V
Apperntly he turned domaintroll... i count 14 cases

Cant seem to upload a picture...

[Smut-Talk]

Originally Posted by Bladewire

Oh WOW this site has more results than the WIPO site itself I wonder why.

[Smut-Talk]

Originally Posted by sarettah

If I remember right, it will cost him a minimum of $1500 to file a UDRP against you. So offer to sell it to him for $1499.

.

Can i just do this? If so how should i proceed?
Contact him directly, or through wipo?

[Smut-Talk]

Originally Posted by Bladewire

Oh WOW this site has more results than the WIPO site itself I wonder why.

I even got my own page: https://www.dndisputes.com/case/comp...ey-ternovskiy/ leads to https://www.dndisputes.com/case/dco2017-0007/

that's the number i think Bladewire: dco2017-0007

[Bladewire]

Originally Posted by Smut-Talk

I even got my own page: https://www.dndisputes.com/case/comp...ey-ternovskiy/ leads to https://www.dndisputes.com/case/dco2017-0007/

that's the number i think Bladewire: dco2017-0007

Oh bummer

You might as well transfer it over to him and get it done with ASAP to be nice, it will stop you from having lost WIPO case on your record and a recorded seized domain, this way your case will be TERMINATED instead of ruled against you.

You have no chance of winning your domain is one letter off from his.

[Smut-Talk]

Originally Posted by Bladewire

Oh bummer

You might as well transfer it over to him and get it done with ASAP to be nice, it will stop you from having lost WIPO case on your record and a recorded seized domain?

You have no chance of winning your domain is one letter off from his.

2 letters, an S and and a M on the tld

Well i already came to the same conclusion, i don't have a chance.
Are wipo cases and seized domain recorded? Didnt know that...

Sarettah words still buzz in my head if i could sell it to him, it would save him the money right?

[woj]

Originally Posted by Smut-Talk

Can i just do this? If so how should i proceed?
Contact him directly, or through wipo?

you should be careful, especially if you have some assets (house, etc) that you could lose... he could sue you in real court, and your "offer" to sell him the domain would look like you are trying to extort $$ from him... and then you would have to get a lawyer, nearly certainly he would win, you would likely have to pay his attorney fees, etc...

slim chance that will happen, but there is slim chance that he will give you any $$ either....

[Smut-Talk]

Originally Posted by woj

- if the case was in motion you would have received a letter from UDRP "court"...
- it's free to reply during UDRP proceedings...
does your domain contain 'chatroulette'? If so, you are fucked, zero chance of winning UDRP battle...

Sorry mist your post.
Got a letter from the WIPO, see post above for number.

[Smut-Talk]

Originally Posted by woj

you should be careful, especially if you have some assets (house, etc) that you could lose... he could sue you in real court, and your "offer" to sell him the domain would look like you are trying to extort $$ from him... and then you would have to get a lawyer, nearly certainly he would win, you would likely have to pay his attorney fees, etc...

slim chance that will happen, but there is slim chance that he will give you any $$ either....

But if i don't react, or tell him to GFY, it would cost him $1500 anyways, right?
I will loose the domain anyway, as i understand.
But the downside is this gets recorded? (not sure what that does...)

So easy way out is responding and agree to give up domainname?

[woj]

if you got a letter from WIPO already, then it's a done a deal.. he already paid $1500, it's already "recorded" and you will lose the domain in a few weeks and that's it...

[Smut-Talk]

Originally Posted by woj

if you got a letter from WIPO already, then it's a done a deal.. he already paid $1500, it's already "recorded" and you will lose the domain in a few weeks and that's it...

First TY!

damn.
So if i do shit, he wins by default, and get the domain, if i react, and give it to him he wins, and in both cases it gets recorded?
Or only in the first case?

And what does that mean? (the recorded thing)
Like a x after your name with all registrars? Or what?

And what if i cancel the domainname?
Is that possible?

[Tasty1]

dumping some domains here

[Smut-Talk]

Originally Posted by Bjorn_Tasty1

dumping some domains here

sell them, ofcourse no-one who read this will buy them lol.....

btw nice user pic... a Dutch Lion?

[Bladewire]

Originally Posted by Smut-Talk

First TY!

damn.
So if i do shit, he wins by default, and get the domain, if i react, and give it to him he wins, and in both cases it gets recorded?
Or only in the first case?

And what does that mean? (the recorded thing)
Like a x after your name with all registrars? Or what?

And what if i cancel the domainname?
Is that possible?

If you give it to him, his complaint is cancelled.

If you don't give it to him:

1) you lose the case

2) the domain is seized by order

3) the domain is transferred to him

4) your case is recorded as lost & transferred

Just do the right thing and give it to him ASAP consider it lesson learned

Don't forget, he can sue you in court and win damages. If you have a forced seizure of the domain by WIPO that gives him more damages and amunition to sue you.

[GFED]

Why are you even trying to dispute this? You're in the wrong and should give up the domain.

[woj]

Originally Posted by Smut-Talk

First TY!

damn.
So if i do shit, he wins by default, and get the domain, if i react, and give it to him he wins, and in both cases it gets recorded?
Or only in the first case?

And what does that mean? (the recorded thing)
Like a x after your name with all registrars? Or what?

And what if i cancel the domainname?
Is that possible?

you are worrying about it too much, recorded doesn't really mean anything... it just means that you were involved in a UDRP case and it might be possible to search for your name and find out that you lost chatroulettes.co in a dispute... so it doesn't really matter...

[Bladewire]

Originally Posted by woj

you are worrying about it too much, recorded doesn't really mean anything... it just means that you were involved in a UDRP case and it might be possible to search for your name and find out that you lost chatroulettes.co in a dispute... so it doesn't really matter...

More ammunition in civil court for damages and showing he wasn't acting in good faith.

[Smut-Talk]

Originally Posted by Bladewire

If you give it to him, his complaint is cancelled.

If you don't give it to him:

1) you lose the case

2) the domain is seized by order

3) the domain is transferred to him

4) your case is recorded as lost & transferred

TY for this KISS answer! Very clear!

Still 1 question left, what does it mean to be recorded?

ATM I am thinking about giving it to him, thus agree with the proposal,
when time is due (got untill 20 March to react...)
(but if so i am thinking about writing a statement he is a domaintroll and his visitorcount is worthless etc. I know i will loose, that doesnt mean i can't "ventilate" my mind)

[Smut-Talk]

Originally Posted by GFED

Why are you even trying to dispute this? You're in the wrong and should give up the domain.

You're clearly not reading this right, i am asking what the best action is, never i said i am trying to despute this.

[GFED]

Originally Posted by Smut-Talk

You're clearly not reading this right, i am asking what the best action is, never i said i am trying to despute this.

okay...

[Smut-Talk]

Originally Posted by Bladewire

More ammunition in civil court for damages and showing he wasn't acting in good faith.

Very valid point indeed.
I don't live in the US, not sure if he could sue for any "damages" in my country, but i am not planning to find out either!

[Smut-Talk]

In the letter it says:
Consent to remedy. You may consent to the remedy requested by the Complainant and agree to transfer or cancel the disputed domain name.

So if i cancel it, i loose it, and he has to register it again?
(maybe some one else does before him though... )


If so does the case get recorded if i cancel the domain?

[Smut-Talk]

Originally Posted by GFED

okay...

No problem!

[Barry-xlovecam]

There are no monetary damages applied in UDRP domain name disputes, and no injunctive relief is available. The accredited domain name registrars - which have agreed to abide by the UDRP - implement a decision after a period of ten days, unless the decision is appealed in court in that time. The panel decisions are mandatory in the sense that accredited registrars are bound to take the necessary steps to enforce a decision, such as transferring the name concerned. However, under the UDRP, either party retains the option to take the dispute to a court of competent jurisdiction for independent resolution. In practice, this is a relatively rare occurrence.

Frequently Asked Questions: Internet Domain Names

The registrar acts on the UDRP decision only.

Plaintiff would have burden of proving trademark damages.
US Law 9th Federal Circuit 15.29 Trademark Damages Defendant's Profits | Model Jury Instructions
Another thing is jurisdiction -- he has to come to your 'home court' to sue.
Since you just registered the domain and have made no money there are no damages.

Trademark Damages Generally
The Trademark Act of 1946 (the Lanham Act) protects against a number of trademark-related violations, including trademark and trade dress infringement, false advertising, dilution, and cyber-squatting. See 15 U.S.C. § 1114 (registered trademarks and trade dress); 15 U.S.C. § 1125 (unregistered trademarks and trade dress); § 1125(a)(1)(b) (false advertising); § 1125(c) (dilution); § 1125(d) (cyber-squatting). Once a plaintiff establishes liability for one or more of these causes of action, section 1117(a) allows a plaintiff to recover actual damages, defendant’s profits, and the costs of bringing the action. 15 U.S.C. § 1117(a) (2006). For a dilution claim, however, a plaintiff cannot recover monetary damages unless the violation (a likelihood of dilution) is willful. Id.
Willfulness and the Current State of Trademark Damages Law | Intellectual Property Litigation | ABA Section of Litigation

This is US law only


If your domain name (SLD) contains his registered trademark of 'chatroulette' you will lose if it is also used in bad faith and you have no rights or legitimate interests in the name.
ICANN-UDRP (and URS?);" Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. "

Under the circumstances, if it were my domain, I would just default and lose the registration fee. Not intended as legal advice and for discussion purposes only.

[Smut-Talk]

Originally Posted by Barry-xlovecam

WIPO Domain Name Decision: D2016-1926

The registrar acts on the UDRP decision only.

Plaintiff would have burden of proving trademark damages.
US Law 9th Federal Circuit 15.29 Trademark Damages?Defendant?s Profits | Model Jury Instructions
Another thing is jurisdiction -- he has to come to your 'home court' to sue.
Since you just registered the domain and have made no money there are no damages.




If your domain contains his trademark of 'chatroulette' you will lose if it is also used in bad faith and you have no rights or legitimate interests in the name.
" Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. "

Under the circumstances, if it were my domain, I would just default and lose the registration fee. Not intended as legal advice and for discussion purposes only.

TY a bunch Barry!

Well i read some of his previous cases, since i only own this domain, it is not cybersquating.
But he has registered his name/company name as trademark, and linked it to webcam chat, and i have a webcam plugin on the domain, so i will loose for sure.

Just figuring out the best way to proceed...

In the letter it says:
Consent to remedy. You may consent to the remedy requested by the Complainant and agree to transfer or cancel the disputed domain name.

So if i cancel it, i loose it, and he has to register it again?
(maybe some one else does before him though... )
If so does the case get recorded if i cancel the domain?

If i can cancel and not get recorded, i would like that option more than handing it over.

[Barry-xlovecam]

I would cancel and walk away.
Case Details for WIPO Case D2015-0616

this case was 'terminated' why and by what party IDK
Don't worry about who buys that domain after you cancel -- BTW, UDRP fees are not refundable.

[Smut-Talk]

Originally Posted by Barry-xlovecam

I would cancel and walk away.
Case Details for WIPO Case D2015-0616

this case was 'terminated' why and by what party IDK
Don't worry about who buys that domain after you cancel -- BTW, UDRP fees are not refundable.

Ty again Barry!

If so, I think cancelling is the right thing to do indeed.
Specially if it than doesn't get recorded.
Have already had to many X-es after my name in RL.

My registrar isn't much of help either, they just responded with a standard mail with a link to wipo help page... After 2 days waiting and 2 chats with support.
I expected a bit more from NC tbh.

funny: they just now locked the domain....

[Smut-Talk]

i can not delete the domain; since it is locked...

Not sure what to do now.
I suppose this means i have to wrestle through all paperwork to answer?