America Online, Inc. v qpuzzle.com aka Joe Chang

[RON2]

Read the UDRP and give it your best shot. Prepare a response detailing while you feel you have a legitimate interest in the name. Sure you'll probably lose, but it will be good experience.

 

[yahoohaha]

What do you expect of .com? After the first 1.1m good .com names were gone, the rest were all lost cocks. No wonder you can't even give them away.

mole, i bet you domain sluts still want lost cocks.

 

[mole]

:yes:

 

[William9]

I wish Joe all the luck in the world on his defense. However, some of the recommendations would not have been honest.

Thus, only agree with what Shiftlock said above:

Shiftlock: “Joe, you should be fine. Just use an insanity defense.”

Good luck

 

[DrWho]

Good luck Joe!

 

[jberryhill]

"Sure you'll probably lose, but it will be good experience. "

A couple of things you might want to consider are:

1. Just because they have chosen to file a UDRP Complaint does not preclude them from filing an ACPA suit separately in order to seek damages.

2. Losing a UDRP proceeding has the effect of branding you as a "cybersquatter" if a subsequent party would like to obtain one of your other domain names on flimsier grounds. It is an imperfect world, and cybersquatting has practically become what lawyers call a "status offense". A status offense is an action that is illegal depending on who is doing it (e.g. underage drinking).

 

[yahoohaha]

Thanks for all the help! Thanks dnf.

I just got this email.

Joe Chang

Dear Mr. Chang:

I have seen the Internet listing that indicates that a complaint has been filed against you with respect to your domain name amerionline.com. You have probably received notification of the complaint directly from The National Arbitration Forum (NAF). I am writing to offer the assistance of my law firm to help you fight the complaint so that you can keep your domain name.

My law firm is an aggressive firm based in Washington, DC that specializes in domain name disputes. We have worked with many disputes of this nature. We will be pleased to assist you by preparing a solid legal response and providing complete representation of your interests in the dispute process. Also, if you wish, we can negotiate with the lawyers representing the Complainant to attempt to obtain a favorable settlement for you.

Many of our victories are displayed on our website at ////////////////////. Several news articles about our expertise and victories are also included.

I will be glad to review the complaint that has been filed against you and discuss it with you at no charge.

I am also available to answer any questions either by email or by telephone. My direct number is ////////////////////.

We will work hard for you.

Thank you for your consideration.

Sincerely,

//////////////////////////////
Principal Lawyer

 

[.biz]

recent disputes.

http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0827.html
aiminstantmessenger.com
aolaimexpress.com
aolhoroscopes.com
aolistantmessenger.com
aolmemberprofiles.com
aolmesenger.com
cartoonnetwerk.com
cartoonnetwok.com
cartoonnetwor.com
cartoonnetworc.com
cartoonnetworck.com
cartoonnetwrk.com
cartoonnetwrok.com
carttonnetwork.com
carttoonnetwork.com
cratoonnetwork.com
insantmessenger.com
istantmessenger.com
natscape.net
nestcape.net
netscap.net
netscapedownload.com
nulsoft.com
powerpuffgrils.com
powerpufgirls.com
siswimsuit.com
siswimsuitedition.com
siswimsuitissue.com
siswimsuits.com
sportillistrated.com
sportsillastrated.com
sportsillistrated.com
spotsillustrated.com
>Transfer

 

[yahoohaha]

i need a help.

i want to give the name to aol and save us a little trouble.

can anyone help me write a letter, appreciateed.

 

[yahoohaha]

never mind, i already send aol this, thanks for be here thou.

Subj: Re: America Online, Inc. v qpuzzle.com aka Joe Chang-FA0212000137034 - Comme...
Date: 12/18/02 4:14:05 PM Central Standard Time
From: Qpuzzle
To: [email protected]
CC: [email protected], Qpuzzle, [email protected], CC: [email protected] [email protected] [email protected]



In a message dated 12/12/02 3:44:39 PM Central Standard Time, [email protected] writes:



[email protected], [email protected], [email protected]
CC:[email protected], [email protected], [email protected]



Hi,

I am the owner of amerionline.com.

I like to give back the domain to AOL for free, and I am sorry for bought a domain that they liked first but forgot to purchase. I feel like a thief.

Sincerely,

Joe Chang
amerionline.com

 

[pljones]

Why don't you just call up AOL's counsel and say just that?

 

[yahoohaha]

i use aol a lot for my internet venture, don't want to be listed on their black list.

 

[DomainPairs]

If you hosted it on your free web space with them that could be construed as tacit permission.

 

[yahoohaha]

the story has a good ending, they live peacefully forever.

Subj: Re: America Online, Inc. v qpuzzle.com aka Joe Chang-FA0212000137 034 - Comme...
Date: 12/19/02 12:01:12 PM Central Standard Time
From: Qpuzzle
To: [email protected]
CC: Qpuzzle



In a message dated 12/19/02 9:59:05 AM Central Standard Time, [email protected] writes:






Dear Mr. Chang,

Thank you for your letter. We are pleased to see that you appear willing to transfer the domain name to AOL. Please sign and return the following agreement to the mailing address and fax number provided below. I look forward to hearing from you.

Sincerely,

Jim Davis
Arent Fox Kintner Plotkin & Kahn
1050 Connecticut Avenue, NW
Washington, DC 20036
Phone: 202-857-6169
Fax: 202-857-6395



********************************



Registrar and Domain Name Transfer Agreement





The undersigned hereby represents and warrants that he is authorized to act on behalf of and bind the registrant of "amerionline.com" ("Domain"), is authorized to transfer the Domain to America Online, Inc., and hereby authorizes and requests the transfer of management of the Domain from the current domain name registrar to America Online, Inc., in its capacity as a domain name registrar, and the subsequent transfer of the registration of the Domain to America Online, Inc., or one of its affiliates or subsidiaries, as the new registrant for the Domain.



The undersigned, Joe Chang, qpuzzle.com, and all others acting by or through them, or under their direction, have not, and agree not to register any other domain names that use or are confusingly similar to any marks owned or controlled by America Online, Inc.





Signed: ____joechang__________________________



Printed: __Joe Chang____________________________



Date: ___Dec 19, 2002___________________________



*******************************************************************







Hi Jim,

I don't have a printer or a fax machine, so just send you this email, hope it is OK.

The domain amerionline.com is now belong to aol.com.

Sincerely,

Joe Chang

 

[Shiftlock]

Joe, just keep corresponding with them in your usual perplexing way. They'll probably give up on the whole thing after a while.

 

[jberryhill]

Just call Jim Davis, he won't bite you.

That letter you received from a lawyer is interesting though. Most state bars have developed a number of "do's" and "don'ts" concerning that type of communication. The letter seems to suggest that "you can keep your domain name" regardless of the merits of your individual situation.

Another aspect of attorney advertising which is usually considered to be misleading per se, is a listing of "victories", as if the lawyer always wins - implying that if you hire them, then you will win too.

Nobody wins them all, and cases are won or lost on their own merits and the circumstances of the dispute. There are probably doctors who have "never lost a patient", but if doctors advertised that way, then few would be likely to want to help the sickest patients.

Some state bars would also have a problem with a law firm that "specializes in domain name disputes" if there is no state-endorsed program certifying specialists in that area. "Experience" is one thing, "Specialty" is another.

On the other hand, these kinds of solicitations are useful for several reasons peculiar to the UDRP. It can often happen that respondents are not even adequately notified that there IS a pending dispute until receiving such a solicitation. The 20 day response period is a bear, and many people, if they seek legal help at all, will turn to their family lawyer, the guy who did their will, etc., who will have no idea on this earth what to do. Or, people will inquire with large IP firms and be quoted astronomical estimates. That process of finding a competent, experienced attorney in this area can chew up valuable response time. So there is something of a tradeoff between "ambulance chasing" and providing useful information to people who need it.

 

[yahoohaha]

his secretary will

 

[pljones]

That's why this site has become a useful place for registrants who aren't sure what to do when they get a c&d letter or a UDRP complaint. It helps that there are people providing some good advice on this site.

 

[Drewbert]

Now, if we'd been quick enough, we could have arranged with AOL's lawyer to slip in a clause banning hahajoe from posting to domain forums.

 

[yahoohaha]

got you!