Comeback time for fraudulent .eu TM holders? Nope

[Azam.net]

According to EURid, the first complaint has been decided by The Czech Arbitration Court, for the domain name psd.eu:

http://www.adreu.eurid.eu/adr/decisions/index.php

"As per information provided by the Complainant, the opposition at the Benelux Merkenbureau registered under number 40761530, against the subsection `word’ trademark “PST”as requested by PST Business Solutions B.V., on considering the Complainant that such an application is based on the violation of the logo and word trademark “PST” of Peripheral Systems Technology B.V."

"The Complainant maintains that (i) he has older rights to the name PST in dispute, for being owner of the registered trademark since 01-08-2000 (publication date) deposited at the Benelux Merkenbureau; (ii) the trademark presented by Solutions has been acquired in a speed procedure base on a subsection `word’ trademark"

However... "the Complaint is Denied"

The EU had a chance to redeem themselves through the arbitration courts, but it looks like they will allow the people who registered TMs just to acquire domain names to hold onto them even when bonafide companies challenge the legality.

What do people think?

 

[kiran]

Seems to me that the defendant 'PST Business Solutions B.V.' are in their right in this case. Their right was valid at the time of verification.
It would be interesting to see how the court decides on trademarks like e.g. s& e&x in category 'brooms'. But that should be no problem too, it's according to the rules.

In my opinion EurID should have limited the number of applications per registrant to e.g. 10. This would have prevented some guys from going out on a limp and apply for 100's of names, Traffic Web Holding holds the sad record: 882 trademarks. They couldn't register all of these names, but quite a number. A (882x500= ) 441.000 euro investment!
I would have just bought the murcielago right away and skip the whole adventure:car:

 

[binaryman]

"n my opinion EurID should have limited the number of applications per registrant to e.g. 10. This would have prevented some guys from going out on a limp and apply for 100's of names,"
Says Kiran... who holds a whole list of .eu names.

 

[kiran]

"n my opinion EurID should have limited the number of applications per registrant to e.g. 10. This would have prevented some guys from going out on a limp and apply for 100's of names,"
Says Kiran... who holds a whole list of .eu names.

Indeed, but they were registered during landslide.
The discussion here is about names that were applied for during sunrise phase 1 and 2.

 

[midnightnavy]

KIRAN, DON'T TAKE IT PERSONALLY


So you got them during the landrush madness, nothing wrong with that, now is there? Interesting thing is that you have found one hack of a fast registrar Speelclub.nl. Cuz most of yeh domains have been registered within the first minute! Even 11.01 is to late for your registrar. Can I pre-reg someone domains for phase 4 with Speedclub.nl? or should I say with YOU? Don't try to dance around it, you are speedclub.nl, there is no other possibility!

YOUR website looks shaky to me, how can clients register domains if the site doesn't have any interface to do so? Or any contact info at all!

In fact your website is next to nothing, just one plain non-scrollable html page with one simple link on it (btw the link is pointing to yeh other site), and 4 logos excluding company logo.

About the logos you have on yeh website> (from L-R) second logo, you have to be one hell of big company to qualify as a VISA world wide partner for the Olympics, my verdict: used illegally without consent. Third logo, you are not listed on www.thuiswinkel.org and thereof you are illegally using this one as well. Fourth logo, must be something personal, wanna share? I'll get to the first logo now, as a registrar you are only allowed to forward domain registrations received by clients to the Eurid and forbidden from submitting your own. Since you have no such interface on your website, I must conclude you registered all domains for yourself, and if you are going to tell me you accepted applications over the phone or post, please spare my eyes from reading. YOU ARE IN BREACH OF YOUR CONTRACT WITH THE EURID, SO THIS MAKES USING EURID's LOGO ILLEGAL TOO.

To capsize/ sum up

1. Speedcub.nl is your company, maybe co-owned wih few close friends.
2. You only became a .eu registar to beat the rush and submit your very own applications.
3. You never took any application from any outside client.
4. Your are using all logos illegally, accept 4th, and your company logo.
5. You like to portray your self as a victim, while you are NOT. IN FACT YOU RIGGED THE SYSTEM YOURSELF!


I don't like people who portray themselves as victims while they are not. DON'T TRY.
Oh boy, if only my English would be better, I would have rigged you with words. It's so unfortunate.

Kind regards,

OH ABOUT YOU SKIPPING IT, IF YOU HAD THAT KIND OF MONEY. I REALLY DOUBT THAT, YOU COME OVER AS ONE OF THOSE GREEDY OLD PEOPLES, WHO STILL DON'T GET IT.

SORRY ABOUT THE SO MANY YOU AND YOURS

I EDITED MY POST COS I GOT THE REGISTRARS WEBSITE ADDRESS WRONG, IT's FIXED NOW
It's http://www.speelclub.nl/ not http://speedclub.nl/

 

[Theo]

I am laughing my ass off watching how many millions of euros was spent on a eu-seless TLD. :-D

 

[Azam.net]

Why was midnightnavy's post edited/removed? It was quite a revelation. Kiran, how much did you pay to become a Worldwide partner for the Olympics? Asking cos I wanted to do the same in 2008: just hope Coca-Cola doesn't beat me to it.

Update: found the post here.

 

[midnightnavy]

I thought I'd start a new thread about it, so I edited my post here to avoid confusion. But one nice mod decided to close it. No worries mod, I'm sorry that I got personal.

Since my thread is closed now, I'll put my post it back here. Kiran, don't take it the hard way. Kind regards.

 

[Theo]

Seems to me you guys just registered here bringing over some old feud? Who is kiran and what does he do? I am curious.

 

[midnightnavy]

Seems to me you guys just registered here bringing over some old feud? Who is kiran and what does he do? I am curious.

No I really did not! Kiran is a Dutch guy who's company Speelclub.nl became an accredited .eu registrar just to secure a big bunch of premium domains for after sale. This is against the rules, a registrar can't submit any request unless received from an client, and clearly in case of this little odyssey it's not. Read my huge post, for the whole scope.

I don't know what he does for a day job, maybe a student like a bunch of us here!


Kind regards.

 

[hookah]

No I really did not! Kiran is a Dutch guy who's company Speelclub.nl became an accredited .eu registrar just to secure a big bunch of premium domains for after sale. This is against the rules, a registrar can't submit any request unless received from an client, and clearly in case of this little odyssey it's not. Read my huge post, for the whole scope.

I don't know what he does for a day job, maybe a student like a bunch of us here!


Kind regards.

Maybe speelclub.nl has got some clients for these domains: girlfriend, uncle, grandmother, etc. I dont care. Looks like skilled registrar. I regret mine were not. I dont wonder they resell these domains - such a business. I am not jealous. Personally I've got much more against these TM manipulators in sunrises 1 and 2.

 

[kiran]

I'm just sad about these postings.
The domains I have listed are, most of them, from one registrar.
I'm sorry they were very succesful for me.
I just wanted to share some knowledge with you guys and basically try to respect other peoples views.

 

[Theo]

Kiran, do you publicly denounce any relation whatsoever to the gaining registrar of those domains?

 

[Duckinla]

All of the .Eu speculators will be the death of each other. Some people will make money early selling the domains. But those left holding the domains will be left holding the empty bag. .EU domaineers are forgetting about the customer in this whole equation. As i've said before in different words, how long will people continue to go to an empty shopping mall? The customers will have fled back to .com and country codes long before these domains reach the end users.

 

[Theo]

I see 100,000 .eu domains listed for sale on Sedo alone.

I hope that Sedo hasn't projected any big revenue off those because they will be sitting there, at those inflated prices for a long long time.

I spent under $2k for a top notch .com today. I am laughing all the way to the Euro Bank.

 

[midnightnavy]

Kiran, I'll try too end it.

But you have to admit that your relation with that particular registrar (speelclub.nl) was no ordinary one. Secondly that particular registrar did not take any outside applications. Against the rules. That's all. I'm not jealous in anyway or from.

Kind regards, like always. :brushteeth:

His .eu domains for sale can be found at www.prettygoodnames.eu

 

[carlton]

...This is against the rules, a registrar can't submit any request unless received from an client

Definitely a positive and much needed step ... though I doubt this will be enforced. In fact, it ought to become a universal standard for all registries, i.e. registrars not allowed to warehouse names through various manipulations.

 

[labrocca]

So Kiran worked over the eu registry..jeez didn't about 100+ (maybe thousands) of companies do the same since it's inception? This isn't a place to call him out on his business. He can admit or deny it...what can you do about it either way? I am not sure if against EU rules is against the law...I doubt it actually. Complain to EU registry if you really want to get anywhere but I doubt they give a crap either. They are just counting all the money they made of the land rush. I just think like Acroplex and the EU extension will just sit and sit. I have zero intentions of owning one myself.

I think over the next 6 months we will simply see a lot of WIPO decisions and such concerning EU. It's all gotta hit the fan.

 

[midnightnavy]

I know I can't do anything about it, but still I can ponder my head for it.
After the summer I'm going to study law, so watch out Kiran. LOL
Discussion ended. People with big money have gotten their way.