Barry-xlovecam

Read 3.1 of that WIPO Overview and read the cases. That is not the case sometimes.

Of course, anyone that spent serious money starting a business would make sure that the business name they wanted was not a Trademark and trademark that name. Then you are bulletproof in UDRP -- it's 3/3 not 2/3 in domain dispute arbitration and not a lot of bullshit.

If she or her associates did not file that trademark her Twitter account might very well be closed.

BTW, on this new filing there is no Attorney of Record, the lowest initial filing fees for a trademark are: USPTO Fee Schedule | USPTO the process fee in this case may just be a $275 bluff and they won't do the follow through documentation.

Barry-xlovecam

I didn't catch that -- my bad.
If he lawyers up on that trademark application -- he may carry through and contest your domain. The guy who has the .net has a good position it's an ongoing domain since 2013?

lagcam

I am no expert but I don't think they helped their case in that email when they said that they wanted the domain to extend the writings of the daddyissues__ twitter feed to "entertain people as my hobby" rather than be straight and tell you that it was because they owned the daddyissues clothing brand.

Squirtit has done you a massive favor by connecting the dots here. Kudos to him.

Also, her twitter feed Daddyissues (@Daddyissues__) | Twitter (2 underscores) may be quite funny in places but if she can't even get Daddy Issues (@DaddyIssues) | Twitter or Daddy Issues (@daddyissues_) | Twitter (only 1 underscore) then how on earth can she think she can just take your domain?

Somebody should register daddyissues__.com and offer to sell it to her.

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TrashyGirl

if tshit is a typo, then it's an awesome typo. that tshirt looks like classy cafepress.com couture

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JesseQuinn

damn, nicely done

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mafia_man

This. Trademarks before domain registration can *sometimes* result in a seizure but not after.

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Freedom6995

Gfy detectives for the win.

ITraffic

give the domain to them if they will shoot a hipster porn scene for you in trade. the end.

JJ Gold

All the "one liners" on that Twitter feed are lifted and stolen from Some E Cards.

Bitch is a total hack.

Somebody should Tweet her this thread. Outsiders would have their mind blown at how fast and deep the GFY crew can dig into their world.

Squirtit killed it. Well done.

Horatio Caine

I don't think they have ground to stand on if you owned the domain way before they file trade mark. I think Madonna lost case like that few years ago.

Horatio Caine

So this dude takes plain t-shirts, trunks, tanktops and slaps "Daddy issues" phrase on it or picture of his wife and now has "clothing line"?

OneHungLo

So wrong. Just registering a domain does not give you any trademark rights. OP, I would list the domain for $1500 or whatever it would cost them to take it via WIPO. Clearly they have a business and have rights to the mark and will more than likely win and take the domain from you.

mineistaken

You should not worry. And how do you know she is a hooker?

SilentKnight

Haven't read the entire thread - but the OP sounds like an extortion attempt.

BlackCrayon

WRONG if you follow udrp cases you'll see 'bad faith' needs to be established and since the domain was registered by dave far before this guys 'daddy issues' clothing line was even an idea there is no bad faith.

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OneHungLo

Like vanity.com?

mineistaken

Ridiculous. In that case people would register trademarks in order to rip off the good domains. You see a great domain, see that no trademark, register a business and trademark and get the domain?
That does not make any sense.

OneHungLo

You cant just register a trademark. You have to actually be using the mark in commerce.

Many of the decisions they make are bullshit. But in the op's case, since they were trying to negotiate, providing they take it to WIPO, he might have a reverse domain hijacking case.

woj

no one brought up a point that it's all fun, games and bullshitting on gfy until you actually have to defend yourself in a case like this...

you read the complaint and you get blind sided by the fact that this guy was selling these t-shirts for the past 15 years at some local flea market... and now what? maybe that's enough to establish common law trademark? now suddenly you have a dilemma, do I hire a lawyer to defend myself? or do I play lawyer myself?

OneHungLo's advice is actually pretty good... best to work things out before laywers get involved... once they get involved, both parties will get fucked hard...

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OneHungLo

Exactly. It's going to cost them (I think it's around $1500) for the WIPO case so if you list it at $1200, and they want it bad enough, it makes sense.

BlackCrayon

9 times out of 10 if you take a few hours to and do some reading defending yourself in a udrp isn't hard. one thing that seems to help is paying the extra money for a 3 person panel. then your fate doesn't rest in one persons hand. its not enough for the guy to simply say yeah i sold them at flea markets, there has to be actual proof. not just the guys word.

i own a lot of domains and have had a few udrps over the years though i've never bothered defending them. the domains weren't worth the hassle so i just gave them up but should someone do that to one of my premium domains, i would not just lay down and hope for the bare minimum of some pathetic $1200-$1500. there is no 'hard fucking' if you choose to defend yourself in a udrp, it costs nothing and the worst case you lose the domain. it all depends if its worth it or not i guess.

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BlackCrayon

there are lots of bad decisions out there. many cite this as one of the worst decisions but what seemed to fry this guy is the fact that the trademark was registered long before the guy bought vanity.com. however he has taken it to federal court so its not over yet.

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dyna mo

it was a typo, i didn't even realize ! nice catch

woj

it costs nothing if you are playing lawyer yourself... if you actually hire one, will cost you an arm and a leg... and paying +$2500 for a 3 person panel, for a domain you picked up for a few hundred bucks few years ago, doesn't sound so great... (even if you win, you are still out of $2500...)

and yea, he needs proof, but if he is actually telling the truth, he will find a way to prove it...you on the hand are not using the domain for anything, so good luck proving that you have legitimate interest in it... (putting up "coming soon" template is not enough..)

it all depends on how much you think the domain is worth.... if you think it's worth $15k, then yea, fuck selling it for $1500... it's probably worth closer to $1500 though, so letting it go doesn't sound that bad of an idea...

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freecartoonporn

things i would do.
1) transfer domain from godaddy ASAP to some other registraar
2) put up some basic web site on that domain , no ads
3) dont sell the domain yet, this will fuck the new buyer (if buyer is other than that female)
4) get a lawyers input in this.
5) dont delete those mails from that female, and keep an eye on other fake buyers who will try to low-ball it.
6) renew it for 10 next years.
7) get .net .org if they are available.
8) make whois data real n visible.

i dont like cybersquatters but i fucking hate extortionist .

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mineistaken

That is what I said. You want some 100K domain name, you register business, slap some tshirts with that name, register trademark and take that 100k name as yours

mineistaken

They were trying to take it for free and they were surprised that he would want money for it.

OneHungLo

In theory that may work but I would assume an actual business would require a corporation, tax ID, income tax statements, trade of goods, services, and actual revenue, which are things some basement dwelling troll wouldn't be able to produce

freecartoonporn

srsly , is this possible ?

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Oracle Porn

everything in life is possible, you can sue anyone because the sky is not the right shade of blue, and if the judge woke up with a hangover or just didn't get any from the wife in a while, he might just agree that the sky in not the right shade of blue. shit happens all the time.

p.s. - if I had to put money on it I would bet the domain will stay with dave, you cant just start a company with a name in 2015 and think you will get the .com domain for free because its your god given right, no.

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Barry-xlovecam

Well, bottom line: your (or any other similar named) domain cannot be used in any way that would establish a bad faith usage.

Unless, this guy can establish common law trademark prior to your domain's registration (or it's transfer date to a new party) he probably will not prevail in any UDRP.

So, you are the proud owner now of a domain with restrictive use and value. You win?

That word group 'daddy issues' is registered in many domains already. So, it's just a can of worms ... Too bad you didn't take that $8,000 offer

O MARINA

Squirtit - good posts

JustDaveXxx

Absolutely!!


GFY Rocks like that!!

Anyone that trys to "Fuck Me" and take my money is a hooker!! You agree? lol



Thats what I'm thinking too. Thanks for the input.



You are dead on.


Lets look at restrictive use: I cannot use the name for real products, clothing, merchandise, etc.


I still can use domain name for porn, adult sites, traffic aggregation for porn, etc.


I won't be able to use the site to drive traffic to their product. Thats where their trade mark would have some teeth.

Thank you for your input, much appreciated.




Yea, he is the man!!



Squirtit; Anything you need from me, I'm there for you. Information on anything productions, lighting, photography, video, editing, talent, production costs, etc, feel free to ICQ me or Skype me.


Thank you so much! Puts things into perspective. I generally know a little on a lot, but this was one of those subjects where I was pretty limited in my knowledge.


Thanks to all of GFY for your input.



Please keep the info coming. Knowing this stuff can help anyone else who falls into the same situation.



Just Dave

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aka123

Usually it doesn't work that way. But it may prevent you using it.

Although lawsuit is always possible. Winning or losing it is another matter.

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Penny24Seven

I had the same shit happen and it was all BS to try and get my domains. They used the same story about how they were not making any money but wanted it because it was what they were doing. The whole thing was created around her story so she could BS. I looked in to stuff and blogs and all kinds of shit were made to make her story look real.
I ended up selling the 3 domains that I would have let go but found out how much trouble they were through to try and buy them cheap so I held on to them and sold them for a sweet deal. Keep going with your BS story and get 10K from it lol

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anexsia

If I were them, I would have checked to see if the domain names were available BEFORE I came up with a name for the new designer clothes.

JustDaveXxx

Thats what smart people do!


Im also guessing that they have a hack attorney that is telling them yes to everything that they want to hear. As long as the retainer and fees get paid per every step of the process, everything will be easy.


But when these people try to use this guy to bully me, a whole new retainer gets paid up and as time goes on, the hourly starts to kick in. $$$$$$


I know how attorneys work. My father is an attorney, my little brother is an attorney, I went to law school and all of my close buddies are attorneys.


They promise the world with no guarantees. Clients fail to think about the no guarantee part. Attornys charge piece by piece. Retainer 1st, then comes the hourly. By the time you know it, your 20k in the hole and nothing to show for it.


I know how to file an answer myself. Thats too easy. I Then I call up my little brother who is a nasty litigator and named partner at his law firm; Hey I need this little something done!


When he fires off what I want to have said and its on his letter head, with his BAR number, they will they will reevaluate their tactics. They will certainly look him up and see that he crushes people in court. He didn't make partner because he sucks at his job!! lol


The more I think about it, the more it really pisses me off! I don't like getting bullied!


Thanks to all of the GFY detective work, makes things that much more clear to me. Will be forwarding this thread to my brother tonight. Might be a wrench or two that I can throw their way.


Fuck em!!


will keep you up on whats up with this.



Just Dave

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