Hijacking attempt by Yahoo...

Domagon · Apr 10, 2004

Have your current registrar put a "registrar-lock" on your domain pronto - that will greatly reduce the chance of it being "hijacked".

Ron

GeorgeK · Apr 10, 2004

Pot -- kettle -- black.

He shall win who knows when to fight, and when not to fight. Clearly this is one Yahoo knows it will win.

skylight · Apr 10, 2004

do not accept any transfer till you receive letter from yahoo

DaddyHalbucks · Apr 10, 2004

Yea, wait for the UDRP. Then you will be building a record against yourself, and you can have that UDRP cited against you in other UDRPs in the future.

Perhaps you will get really lucky and they will sue you in Federal Court. Then you can lay it all on the line, and perhaps lose everything.

GT Web · Apr 10, 2004

just give it up, everyone knows its an obvious TM violation, you even said it yourself...

draqon · Apr 10, 2004

if you really wanna keep the domain, set up a a fake biographical site for a person called Ya Hoomil and say he is from India. Make lists of Ya's favorite foods, movies, etc. and yahoo won't be able to win it in a UDRP.

Joe · Apr 10, 2004

draqon said:
if you really wanna keep the domain, set up a a fake biographical site for a person called Ya Hoomil and say he is from India. Make lists of Ya's favorite foods, movies, etc. and yahoo won't be able to win it in a UDRP.

And what is the point of keeping the domain if you can't even use it for a legitimate business purpose? Holding an obvious trademark infested name is complete sillyness. You can't profit from the traffic; you can't sell goods or offer services with the name, and all along the timer is ticking for a udrp action to be served on your @$$. Wash your hands of this filth, and come clean my friend. The stinch is much too strong. Good luck.

-Joe

Nameable · Apr 10, 2004

puravida · Apr 10, 2004

Yeah, but unless Yahoo wants to spend thousands on a fight; I'd wait for the right oppotunity to mention it's been for sale for only $1K or something like that.

Make sure you make it clear that it's been for sale... not that you are trying to extort money from them. If you're not careful in the presentation, it could burn you later.

Worst that can happen? You lose the domain anyway -if they go to court.

-Wesley

DaddyHalbucks · Apr 10, 2004

puravida

Worst that can happen? You lose the domain anyway -if they go to court.
+++++++++++++++++

Wrong.

"The range of remedies available under the ACPA and the Lanham Act
includes treble damages, defendant's profits, attorney fees and up to $
100,000 in statutory damages per domain name, in addition to forfeiture and
transfer of the domain name. See 15 U.S.C. ÃÂ§ ÃÂ§ 1116(a); 1117(d);
1125(d)(1)(C)."

~American Lawyer Media, Inc.

ShaunP · Apr 10, 2004

puravida said:
Yeah, but unless Yahoo wants to spend thousands on a fight; I'd wait for the right oppotunity to mention it's been for sale for only $1K or something like that.

Make sure you make it clear that it's been for sale... not that you are trying to extort money from them. If you're not careful in the presentation, it could burn you later.

Worst that can happen? You lose the domain anyway -if they go to court.

-Wesley

That may be the worst advice I've ever seen here.

Shaun

puravida · Apr 10, 2004

I'm not going to get in to an arguing match on such a highly controversial topic... I don't have time for it.

I've done very well in these situations in the past, and I think most people here are just scared to death by the very thought. Real life is quite different from written "law."

I think that many people forget that laws are written by man.

So, flame me if you like; I stick to what I said.

-Wesley

draqon · Apr 10, 2004

i'm gonna have to agree with aactive, your advice is deeply deeply flawed.

for one thing, people shouldn't wonder and analyze if yahoo is looking to spend thousands in a UDRP fight. they will, and they will do it without a microsecond's hesitation.

second, telling yahoo that the domain is for sale will not only not lead to them purchasing the name, but it will automatically make you lose the UDRP, and also weaken any trademark infringement suit.

puravida · Apr 10, 2004

draqon said:
your advice is deeply deeply flawed.

Ugh, I knew it wouldn't be left alone.

I get the impression that none of you have been in that situation before... ??

I have successfully sold 3 names like this before, and the new owners were thanking me for being so reasonable. In fact, I just recently sold a domain to a previous owner.

I had the domain for nearly 3 years, and they just now decided that they wanted it back. After I explained what I do, they understood. I gave them a very fair price and they were very happy (thanking me) for selling it to them.

If Yahoo wants to spend thousands to pursue a fight; then so-be-it. You lose the domain. If they want to plead malicious damage for a mis-spelling that probably gets about 10 type-ins a day; I think they'd have a tough time of it.

There is nothing wrong with having a domain for sale.

As for Nameable, I'm sure he understands that a forum is for a place of discussion and if he decides to take anyone's advice --be it mine or another persons; he does so at his own risk.

We all have to keep this in mind when taking advice from anyone in a forum post. However, I am merely stating that I have not had a problem with this in the past and the "disagree" posts make me think that no one here is posting their "advice" from experience -as I am.

-Wesley

GiantDomains · Apr 10, 2004

eMarkMonitor is a company that gets TMed domains back for people for a fee. They act as a 3rd party, annonymously, and make an offer. Looks like they tried to get it for free first.

Nameable · Apr 12, 2004

Nameable · May 5, 2004

Theo · May 5, 2004

Two separate issues here: 1. Whether it's worth fighting for a domain that is a typo of a famous mark 2. How did they manage to circumvent the mechanisms imposed by your registrar to lock the domain in place.

Personally, I care about #2.

DaddyHalbucks · May 5, 2004

Nameable wrote:

Update!!!

I sent email to MarkMonitor's customer support in the second and fourth weeks of April but never heard back.

They continued to issue transfer requests about once a week through April and I continued to NAK them.

When I checked this morning the domain was transferred to MarkMonitor!!! (check the whois yourself)

Regardless of whether my company would prevail in trademark arbitration, this is certainly THEFT. They have succeeded in hijacking the domain.

I wrote to customer support at PSI-Japan (the former registrar) complaining about the situation.

What would you do next?
+++++++++++++++++++++++

I would get some serious therapy immediately.

Things to discuss with your therapist:

1. Why YOU would cybersquat (steal) a famous, registered, and distinctive trademark such as 'yahoo'
2. Why you feel you would need to discuss your improper actions in a public forum and essentially admit to being a cybersquatter/ thief
3. Why you have feelings of entitlement and persecution

As a separate matter, yes, it is troubling that MarkMonitor can circumvent procedures such as the UDRP. And yes, we should all ask how it is possible for registrars to dip into customers' accounts when they deem appropriate. There is an issue of due process. Maybe we should have a separate thread for domainers to discuss experiences with registrars that do this sort of thing.

Perhaps this is a good outcome for you. Right now you only have this thread with casts doubt on your integrity. If they filed and won a UDRP --as they would likely win-- you would be a convicted cybersquatter.

So, maybe you got off lightly.