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I just got a name taken by WIPO :(

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BobDiGiTaL

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Tell me if this is fair.
I bought a $5 BIN from TDNAM just to get a discount on the other 4 names I bought.
It was a spanish generic, I thought.
First I get hit with a $30 fee from godaddy.
Then they took the name from me.

The name is "JardinasdePaz.com" which is translated "Gardens of Ease"
I used the keyword "gardening supplies."

Well, the Judge says I am cybersquatting, although I find out "JArdinasdepaz.com" is a funeral service.

How can these be confusingly similar?
And how can a Spanish speaking, south american company take my domain registered at an American regiatrar, when the site is in english?

and why does godaddy need my $30 ? to forward emails?
 
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james2002

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I initially thought 5 K domain.
 

hugegrowth

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I don't know spanish but maybe someone else can say how generic this name is (or is not). At least it was only a name you paid $5 for. If you used it for gardening supplies, and a funeral home claimed it, seems a bit of a stretch for them. Godaddy always has a $30 charge when this sort of thing happens, an admin fee just part of doing business I guess.
 

Fatbat

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Tell me if this is fair.
I bought a $5 BIN from TDNAM just to get a discount on the other 4 names I bought.
It was a spanish generic, I thought.
First I get hit with a $30 fee from godaddy.
Then they took the name from me.

The name is "JardinasdePaz.com" which is translated "Gardens of Ease"
I used the keyword "gardening supplies."

Well, the Judge says I am cybersquatting, although I find out "JArdinasdepaz.com" is a funeral service.

How can these be confusingly similar?
And how can a Spanish speaking, south american company take my domain registered at an American regiatrar, when the site is in english?

and why does godaddy need my $30 ? to forward emails?

I'd say that sounds like bullshit to me but did you go through all the various motions with WIPO and file a defense and whatnot?
 

Gerry

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This is where registrars and auction services should be hit hard for allowing the registering, sale, transfer, and auctioning of TM names.

I was just getting ready to log into TDNAM, and this is what some of the names are featured on TDNAM's home page:

myspace200.com
usedhondaparts.net
mygogole.com
goldensands.me
wiisort.com
microsoft2003.com
eastofeden.com
hitachistores.com
espnhoops.com
mmyyyspace.com
 

Domainx09

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.com is international and you did have their trademark. $30 fee does not seem fair since they are the one who listed it for sale, but it's a good deterrent to keep people from intentionally registering trademarked names. Maybe Godaddy is hit with a fee with each complaint?
 

gingeman

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What a joke, I would certainly demand your $30 back from Godaddy.
 

ecomindia

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firstly, it is godaddy's mistake to list such names for sale
secondly, they cannot charge you extra or txn charges if the txn stands incomplete
third, it is a matter of ethics and not about $5 domain

What do godaddy say about the reason for chargin 30$ fee?
 

katherine

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Is the WIPO ruling available yet ?
 

PRED

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im sure its tucked away in godaddys tos
not saying its right but they'll have their arse covered no doubt

whats stupid is the poxy luttle funeral service prob spent $4k up and could have prob paid you 1500 or something and everyones happy
and the scum lawyers dont get any cash
 

DigiNames

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It means "Peace Gardens" BTW.

Did the Wipo complaint name you? You should have had a chance to defend the name and your use of it...

I had a similar issue, when a domain I had registered with Godaddy was taken by the trademark holder, and I wasn't even notified when the name was removed from my GoDaddy account. I contacted them, and there was a judgment against the previous owner that was given because he lived out of the US and didn't respond to the complaint. I never had a chance to defend or respond, and my name was gone :(

Can a legal "expert" enlighten us on this issue? Is there precedent when the name in question is dropped before a decision is issued, and another party picks it up that isn't named in the complaint?
 

George Verdugo

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Tell me if this is fair.
I bought a $5 BIN from TDNAM just to get a discount on the other 4 names I bought.
It was a spanish generic, I thought.
First I get hit with a $30 fee from godaddy.
Then they took the name from me.

The name is "JardinasdePaz.com" which is translated "Gardens of Ease"
I used the keyword "gardening supplies."

Well, the Judge says I am cybersquatting, although I find out "JArdinasdepaz.com" is a funeral service.

How can these be confusingly similar?
And how can a Spanish speaking, south american company take my domain registered at an American regiatrar, when the site is in english?

and why does godaddy need my $30 ? to forward emails?
hey bob if im right "JardinasdePaz.com" JardinasdePaz.coms a misspelled word in spanish it should be JardinEsdePaz.com with a "E" it also mean "gardens of peace" in spanish so i dont understand that they would take this away from you.. the word "paz" means peace.. and lets see..
 

Focus

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I hope they all get herpes infected with gangrene.
 

INFORG

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jardinAsdepaz.com is not registered. I believe the OP is referring to the domain jardinEsdepaz.com

http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-0616.html

No response to complaint

Looks like they also tried to make contact with the OP and no reply.
Missed opportunity - could have flipped this $5 name for a nice profit.

This could have been a good faith registration, but he never presented any claim that it was, either to the company inquiry, or WIPO.

The OP should be mad at himself, not anyone else.
 

exponent

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What a bunch of crap. I would definitely demand my $30 back.
 

Fatbat

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Looks like they also tried to make contact with the OP and no reply.

Missed opportunity

Yeah, that's what I figured. Did the OP not have his registration info in order? Always keep your info accurate so you can answer inquiries, receive mail, make a defense, do business, etc.

Missed opportunity and fail.
 

Biggie

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i know gd is lovin all those $30 fee's it rakes in for tm claims against a domain.
 

PRED

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I hope they all get herpes infected with gangrene.

lol
ewwwww :uhoh::eek:

could it be time to roll out the jallyjar again? lets push those boundaries lol
 
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