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-   -   Domain dispute - Russian dude wants all chatroulette 'related' domains (https://gfy.com/showthread.php?t=1249639)

Smut-Talk 03-04-2017 09:21 AM

Quote:

Originally Posted by GFED (Post 21593854)
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 03-04-2017 09:26 AM

Quote:

Originally Posted by Smut-Talk (Post 21593878)
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... :thumbsup

Smut-Talk 03-04-2017 09:31 AM

Quote:

Originally Posted by Bladewire (Post 21593863)
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 03-04-2017 09:33 AM

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... :winkwink: )


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

Smut-Talk 03-04-2017 09:34 AM

Quote:

Originally Posted by GFED (Post 21593896)
okay... :thumbsup

No problem! :thumbsup

Barry-xlovecam 03-04-2017 09:51 AM

Quote:

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.

Quote:

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 03-04-2017 09:59 AM

Quote:

Originally Posted by Barry-xlovecam (Post 21593986)
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 03-04-2017 10:07 AM

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 03-04-2017 10:22 AM

Quote:

Originally Posted by Barry-xlovecam (Post 21594028)
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. :1orglaugh

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 03-04-2017 03:15 PM

:mad: 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?

Bladewire 03-04-2017 03:22 PM

Quote:

Originally Posted by Smut-Talk (Post 21594967)
:mad: 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?

Registrars automatically lock domains when you buy them. Your domain hasn't been updated for a month according to whois. Go into your namecheap console, unlock it, and delete it now! Hurry! :1orglaugh:1orglaugh

Smut-Talk 03-04-2017 06:07 PM

Quote:

Originally Posted by Bladewire (Post 21594982)
Registrars automatically lock domains when you buy them. Your domain hasn't been updated for a month according to whois. Go into your namecheap console, unlock it, and delete it now! Hurry! :1orglaugh:1orglaugh

wish it was that easy, i can not delete it at al. NC has locked the domain, if i log in it says so.
Detail: they only did so after i asked about the domain dispute...
If ever, next time i indeed will just delete it!

Has been hell with customer service, and their legal deb. takes 2 days, not the promised 2 hours...

Bladewire 03-04-2017 06:29 PM

Quote:

Originally Posted by Smut-Talk (Post 21595336)
wish it was that easy, i can not delete it at al. NC has locked the domain, if i log in it says so.
Detail: they only did so after i asked about the domain dispute...
If ever, next time i indeed will just delete it!

Has been hell with customer service, and their legal deb. takes 2 days, not the promised 2 hours...

Putain! Merde! :disgust

Smut-Talk 03-04-2017 06:32 PM

Some friend asked me what the longest possible ttl for dns is and suggested to 301 it to a goatsie until i have finished this shizzle;
:321GFY

Smut-Talk 03-04-2017 06:34 PM

goramn can not change ttl in NC panel...

Bladewire 03-04-2017 06:37 PM

Quote:

Originally Posted by Smut-Talk (Post 21595381)
Some friend asked me what the longest possible ttl for dns is and suggested to 301 it to a goatsie until i have finished this shizzle;
:321GFY

:1orglaugh:1orglaugh:thumbsup

Matt 26z 03-04-2017 08:37 PM

I think the domains are automatically locked when the registrar receives word of a dispute from WIPO.

I would move to terminate the case through voluntary transfer and I wouldn't provide any details about why you registered the domain or why you are giving it up.

O MARINA 03-06-2017 12:27 PM

So what happened?

Bladewire 03-06-2017 12:32 PM

Quote:

Originally Posted by O MARINA (Post 21599863)
So what happened?

Just checked and no change

ChatRoulettes.co WHOIS, DNS, & Domain Info - DomainTools

Kittens 03-06-2017 12:45 PM

Solid advice from Bladewire in this thread :thumbsup

This shit is why you never cop off other peoples names and ideas... Be unique!

Smut-Talk 04-06-2017 06:16 PM

Update:

I replied, and the WIPO has given 30 days to come to a settlement agreement.

I got the standard WIPO settlement mailed, from the firm representing the russian dude, and in my reply i send my own proposal settlement agreement, so separate from the WIPO one, because it was mentioned in the WIPO settlement.
And they didnt send one.

In short; to safe you from formal legal writing style:
it said we want to settle, no one is to blame/admits guild, we are all done, i will not register any domain with his website name in it, and he wont try to sue me afterwards.

Of course that they didn't want to sign. Maybe my letter was unexpected? Took them long to answer..
So i made it a bit simpler and resend, expect an answer asap.

Just want them to agree to leave it with me handing over domain. To be sure.
I won't bug them in any way, i told them i have no intention in crossing paths with them ever again.

They will get the domain.

Smut-Talk 04-06-2017 06:24 PM

Quote:

Originally Posted by Kittens (Post 21599914)
Solid advice from Bladewire in this thread :thumbsup

This shit is why you never cop off other peoples names and ideas... Be unique!

Agree on the first part!

Second partly; i honestly had never heard of his website, not strange since he has only a few hunderd visitors a day. Let alone of his trademark of his name.
But i agree on the second part! :winkwink:

NALEM 04-06-2017 08:12 PM

Quote:

Originally Posted by Smut-Talk (Post 21687454)
Update:

I replied, and the WIPO has given 30 days to come to a settlement agreement.

I got the standard WIPO settlement mailed, from the firm representing the russian dude, and in my reply i send my own proposal settlement agreement, so separate from the WIPO one, because it was mentioned in the WIPO settlement.
And they didnt send one.

In short; to safe you from formal legal writing style:
it said we want to settle, no one is to blame/admits guild, we are all done, i will not register any domain with his website name in it, and he wont try to sue me afterwards.

Of course that they didn't want to sign. Maybe my letter was unexpected? Took them long to answer..
So i made it a bit simpler and resend, expect an answer asap.

Just want them to agree to leave it with me handing over domain. To be sure.
I won't bug them in any way, i told them i have no intention in crossing paths with them ever again.

They will get the domain.

Smut-talk, would you mind getting in touch with me directly at: alex AT nalem DOT com

Thanks!

freecartoonporn 04-06-2017 10:27 PM

do the right thing.

freecartoonporn 04-07-2017 06:43 AM

Quote:

Originally Posted by freecartoonporn (Post 21687850)
do the right thing.

inner me : buy 100 more cheap ass tlds with same domain name and let him spend $1500 for each domain.

:winkwink:

Smut-Talk 04-07-2017 01:48 PM

Quote:

Originally Posted by NALEM (Post 21687688)
Smut-talk, would you mind getting in touch with me directly at: alex AT nalem DOT com

Thanks!

Did so, but you could have mailed me... see sig.

NALEM 04-07-2017 05:17 PM

Quote:

Originally Posted by Smut-Talk (Post 21689851)
Did so, but you could have mailed me... see sig.

Email received and replied to. On my mobile, it didnt appear. Now on desktop I see it.

rowan 04-07-2017 07:17 PM

Quote:

Originally Posted by Smut-Talk (Post 21593539)
i got an official mail/letter by courier from the apparently very cocky "inventor" of above mentioned website.
(so much for domain protection)

FYI: WHOIS privacy is really just for basic spam protection, to stop scrapers bulk copying your details. It doesn't provide any legal protection, nor does it necessarily mean your details will remain private. Some registrars do clearly tell you in their T&C that they will release your details if there's a complaint, but otherwise, most people just assume that WHOIS privacy offers more than it does.

Did the complaint get resolved?

InfoGuy 04-07-2017 10:07 PM

Quote:

Originally Posted by Smut-Talk (Post 21593539)
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...

You need to go back to school. Either your math sucks or your reading comprehension does. He gets 260,000 monthly uniques. Alexa ranks his site among the top 14,000 most popular sites in the world.

You blame the guy for being a trademark troll, but you are the one who is 100% in the wrong for registering a domain containing his exact trademark and using it to sell the same class of goods that he offers. You are the classic definition of a cybersquatter and give legitimate domain speculators and investors a bad reputation.

INever 04-08-2017 01:56 AM

There used to be an easier way to rank for typos by just including them on the page. Doubt that works anymore though.

nakeddutch 04-08-2017 02:23 AM

Keep your doamin and say 'fuck the world.' we own digitalnudity.com - live chate and an asshole, who's so computer illiterate, this jack-ass thinks you eat 'apples'

wants it and we aint giving it up to no one

- F u c k - t h e - w o r l d

always :stoned.

Smut-Talk 04-14-2017 08:24 AM

Quote:

Originally Posted by InfoGuy (Post 21690298)
... He gets 260,000 monthly uniques...

You are right on that, i did misread that!

On the other comments:
As i stated, you clearly didn't read up, i didn't know about his trademarks, it was not his exact trademark and I doubt anybody checks ANY trademarks before registering any domain...
Also as can be seen in the previous posts, he is also going after domains that are CLEARLY non related to his site, and on top of that, why wait so many years..

Clearly I did not "sell the same class of goods that he offers"! his site is not adult, not Wordpress, nor did my site look like his at all.
Mine was also a non-indexed, non-listed simple test site.
Apparently with him being the main visitor.

If I was you i would read up on the classic definition of a cybersquatter...
Since you make clueless not stated accusations.
To follow up on this: I never bought it just for selling it.
And am certainly not a domain speculator, neither do i want to be one! :disgust
And on your last remark; how the F could i give legitimate domain speculators and investors a bad reputation, as i am non of the both and specially as there is no such thing...

:2 cents:


I smell buthurt; is there poo?

Smut-Talk 04-14-2017 08:27 AM

Quote:

Originally Posted by rowan (Post 21690187)
FYI: WHOIS privacy is really just for basic spam protection, to stop scrapers bulk copying your details. It doesn't provide any legal protection, nor does it necessarily mean your details will remain private. Some registrars do clearly tell you in their T&C that they will release your details if there's a complaint, but otherwise, most people just assume that WHOIS privacy offers more than it does.

Did the complaint get resolved?

:thumbsup I noticed that now also... all it takes is a complaint to lift it.

Waiting on WIPO for the settlement to be approved.
Than I have to give them the domain, they don't want me to delete it,
only possible conclusion must be desperation to get traffic to his dying website. :winkwink:

Smut-Talk 04-14-2017 08:31 AM

Quote:

Originally Posted by nakeddutch (Post 21690493)
Keep your doamin and say 'fuck the world.' we own digitalnudity.com - live chate and an asshole, who's so computer illiterate, this jack-ass thinks you eat 'apples'

wants it and we aint giving it up to no one

- F u c k - t h e - w o r l d

always :stoned.

:pimp

If i was to take all "advice" i get... :helpme

I could have said no, would have cost him more money too..
But makes no sense; maybe if your some rich pimp having a big shot lawyer..
I just want to get this over with.

Youtube did lost from youporn...

Smut-Talk 04-21-2017 03:57 PM

They got the domain, i signed the settlement;
They didn't want to sign/discuss any settlement agreement.
This also means they got $500 back of the 1500 a wipo complaint costs.

:Oh crap


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