Big Trouble with the 95K sale of MarketIVA.mobi

[H2FC]

I just found out through an email that the guy who sold MarketIVA.mobi on sedo auction for $95,000 has received what apparently is an email from MarketIVA.com saying its a trademark name and he must stop the sale and hand it over to them. He is posting all of this in another furum and I don't know if its ok to post the url here or not. I think its against the rules but I'm not sure. Does anyone know?

BTW...the guy who sold MarketIVA.mobi is a member here too and he does need some advice. I'm unable to advise him being unfamiliar with the UK laws.

 

[PRED]

I just found out through an email that the guy who sold MarketIVA.mobi on sedo auction for $95,000 has received what apparently is an email from MarketIVA.com saying its a trademark name and he must stop the sale and hand it over to them. He is posting all of this in another furum and I don't know if its ok to post the url here or not. I think its against the rules but I'm not sure. Does anyone know?

BTW...the guy who sold MarketIVA.mobi is a member here too and he does need some advice. I'm unable to advise him being unfamiliar with the UK laws.

Hi,
you're not allowed to post any links to other forums here.
You could give a running commentary though.
Pred

 

[domain newbie]

yea, whats the forum?

 

[Bill Roy]

Just a thought, but is the email definately from the owners of 'MarketIVA.com? I think he should check this out urgently before doing anything else. If not then it may be a malicious hoax to try and stop the sale going through. This just sounds too coincidental to recent events on another thread on here and I know that a certain ex-member goes out of his way to try and 'spoil' other peoples busiess.

Ask him to check the IP address of the email originator, etc..

Hope all works out for him though.

 

[H2FC]

OK...here's what I know. This was posted by the owner of MarketIVA.mobi in another forum...

just in a couples of days i received a lot of mails asking about the Auction of Marketiva
i really don't know or even understand what is happing or gonna to happen, but am sure that something happened cause i just received this threat message from Marketiva Co.
-------------------
Dear Mustafa,

We would like to inform you that you have no rights to sell Marketiva.mobi because Marketiva is a registered service mark of Marketiva Corporation.
You don't have the right to own or to sell this name, you may need to see our term for more information:
http://www.marketiva.com/index.ncre?page=terms
Your broker will be informed to stop this transaction while you have to give us the domain Marketiva.mobi or you Put yourself under penalty of law.


Please do not hesitate to contact us for any additional information.

Kind Regards,

Pedro (Pedro T Barros)
Compliance / Manager
Marketiva Corporation
[email protected]
http://www.marketiva.com/

This electronic communication is intended for information purposes only.
Nothing contained herein constitutes an offer or acceptance of any agreement, nor establishes, modifies or amends any contractual or professional relationship between Marketiva Corporation, and any recipient of this communication. As such, it should not be used as a substitute for a written and signed agreement between the parties.

Any comments or statements made herein do not necessarily reflect those of Marketiva Corporation, its subsidiaries and affiliates. For more information please visit our corporate web site at http://www.marketiva.com/
-------------------


can any body here tell me what is happing?? why they wait all of this time?? why now after the auction closed??
what i have to do now?? will Sedo stop or delete the transaction of the name??
am really very confused for the moment don't know what to do now??
any help now will be very good guys
__________________
أشعار.com - الكويتي.com - خليجيات.com - الخليجي.com

 

[domain newbie]

i think he should ignore this email and let the new owner to worry about this :blush:

its all up to sedo now, if they want their commissions, they will look at the issue and may come out with the better idea for the seller

maybe he can trademark "marketiva.mobi"


like ebay.cz (owned by one.cz) and ebay can not get it

 

[H2FC]

This was posted by someone I think you all know, Rubber Duck.

This was to be expected.

You really need confirmation from Sedo that they have cancelled the Auction, otherwise you might be liable to a claim from them.

Once you have that confirmation, you have little choice but to comply with Marketiva's demands to hand over the name. What you should ask is a written assurance that if you do transfer the name that that is an end to the matter, otherwise it is conceivable though unlikely that they will sue you for damages, even though you have returned the name.

At this stage of the game coming out with nothing is the best you can hope for.

I would at this stage ask for confirmation from Marketiva that if they hand over the name without asking for fee that they will drop any potential claims that they might be considering.

Make sure it is a Generic next time around.

Best of Luck!

Just a thought, but is the email definately from the owners of 'MarketIVA.com? I think he should check this out urgently before doing anything else. If not then it may be a malicious hoax to try and stop the sale going through. This just sounds too coincidental to recent events on another thread on here and I know that a certain ex-member goes out of his way to try and 'spoil' other peoples busiess.

Ask him to check the IP address of the email originator, etc..

Hope all works out for him though.

This was addressed by one of the other posters in that forum

 

[Bill Roy]

This is a load of rubbish!

Go ahead with the sale, this is just shear malicious act/s on behalf of a deranged mind in my opinion, you have nothing to worry about.

Brilliant sale. Do not let some idiot spoil it for you.

 

[PRED]

My advice to him , would be do not contact the com owners as it may be a hoax & there may be no tm.
He is in a law abiding contract with sedo so he should stick with this.
Ring sedo immediately & see if they have heard anything.
Speak with the expert, Mr.Berryhill on here, for advice.
Speak to any experts on here that can tell if the source address on the email has been faked.
They would be my actions. Then go to the fridge for a few sherberts!
Pred

 

[Bill Roy]

Pred,

Good advice.

Ignor my advice and follow Predator's, his head is cooler than mine at the moment, I am still agitated by the events over the weekend (that is the ex-member I am referring too by the way, not Rubber Duck).

 

[H2FC]

I have emailed the guy and told him to come here for advice if he wants it. I can't pass the messages on to him in the other forum as I'm not a member there. I had been talking with him via emails from time to time since he sold the name on Sedo....he seems like a nice guy who needs some advice.

 

[BostonDomainer]

The wordig of the email smells fishy to me and rather unprofessional. I would proceed with the sell and NOT contact the email given below or any contact with any entity with a Marketiva TM. IMHO

 

[yoyosean]

muhammad is this true?

 

[PRED]

The wordig of the email smells fishy to me and rather unprofessional. I would proceed with the sell and NOT contact the email given below or any contact with any entity with a Marketiva TM. IMHO

:yes:
Pred

I guess you will read this thread through Mohammed. (hope got your name right)
Had a look around & here is the link for Mr.Berryhill's user profile.
He is possibly the most respected guy in his field. I have only heard good things about this chap. I'm sure if you're polite he'll give you 10 minutes out of his time.
http://www.dnforum.com/member.php?u=1506
cheers
Pred

 

[Deleted member 5660]

before you get to the c&d letter ... why exactly would somone pay $95K for marketiva.mobi? If it was an auction there must have been at least one other bidder in that range so there are 2 people willing to pay high xx,xxx for that domain?? Also, why would the company have a non-lawyer respond if it were such a high priced auction?

 

[Focus]

exactly what I was thinking - 95k is alot of bread...esp for a .mobi, the whole thing seems very suspect..I wonder how legitimate the buyer/bidder is in the first place? For all we know the bidder could have been the company to demonstrate clearly the registrants intentions to simply profit from the resale of the "TM" domain...tricky business we are in :wink:
...If I was in the middle of that nearly $100,000.00 deal and this happened I would be wiggin. I do not think Sedo is under any obligation to stop anything unless court ordered to do so, they are simply the marketplace in which the domain sale takes place, the seller and buyer are responsible for any claims against the domain in the sale, or at least that's how I understand it. Everyone will get totally screwed if this company does monkey wrench this one up! Alot of that going on lately in the biz.

 

[H2FC]

before you get to the c&d letter ... why exactly would somone pay $95K for marketiva.mobi? If it was an auction there must have been at least one other bidder in that range so there are 2 people willing to pay high xx,xxx for that domain?? Also, why would the company have a non-lawyer respond if it were such a high priced auction?

There were 4 bidders in the auction...
http://www.sedo.com/auction/auction_history.php?language=us&auction_id=4169&tracked=&partnerid=

 

[TheLegendaryJP]

Pred,
I am still agitated by the events over the weekend (that is the ex-member I am referring too by the way, not Rubber Duck).

Who was this member ?

 

[3dGEEK]

exactly what I was thinking - 95k is alot of bread...esp for a .mobi, the whole thing seems very suspect..I wonder how legitimate the buyer/bidder is in the first place? For all we know the bidder could have been the company to demonstrate clearly the registrants intentions to simply profit from the resale of the "TM" domain...tricky business we are in :wink:
...If I was in the middle of that nearly $100,000.00 deal and this happened I would be wiggin. I do not think Sedo is under any obligation to stop anything unless court ordered to do so, they are simply the marketplace in which the domain sale takes place, the seller and buyer are responsible for any claims against the domain in the sale, or at least that's how I understand it. Everyone will get totally screwed if this company does monkey wrench this one up! Alot of that going on lately in the biz.

Welcome Back Mocus

 

[Gerry]

There are 352,000 google returns for the word MARKETIVA, the name appears in a great many domain names already regged and have websites including MARKETIVA.COM, MYMARKETIVA.COM, MARKETIVAFOREX.COM...and on and on.

It does seem suspicious, the loser perhaps, and obviously a highly sought after word let along a domain name. Most of the names regged and googled involve FOREX, short for Foreign Currency Exchange...a hotly contested market and word in itself.

Info is owned by someone in Austrailia, .org in New York, .com and .net to someone in the Virgin Islands (VG)...who by chance does not own .vg version...nobody does.

They are relaying that it (Marketiva) is a registered SERVICEMARK (SM) not a TRADEMARK (TM). So, they do not own the TRADEMARK for the word marketiva.The company sending the email can not even claim that it is theirs. Their service mark is theirs.

Tell them to choose one of these;

MARKETIVA.VG
MARKETIVA.ORG.UK
MARKETIVA.CO.NZ
MARKETIVA.TW
MARKETIVA.COM.TW
MARKETIVA.ORG.TW
MARKETIVA.IDV.TW
MARKETIVA.FM

All available for reg fee.