REAL C&D process... in depth. (actual email conversations included.)

[Bill Roy]

Enough to say that I was the first person on here to read Andrew's thread, it actually was brilliantly done. He found a market where one did not originally exist. He approached the buyer with an idea for marketing their product. He then dealt with the C&D professionally and pointed out that he was intent on cybersquatting. Then to cap it all he asked the buyer to make up thier own mind on price pointing out he had already turned down an offer of $900 for the domain.

Yes he did offer to act as 'their' agent but under such terms that although would seem nieve were in actual fact very cleverly worded so as to be expensive to the buyer. By doing this he proved his credentials to the buyer as being up-front with them.

Conclusion was that Andrew managed a sale beautifully that grossed $1,000, a sale I doubt many here would have been able to negotiate. This was a superb lesson for newbies (and many old hands I feel) that business is not by the 'book', find your prospective buyer and design your strategy accordingly.

Andrew, well done, and ignor those who say otherwise, you mate did a brilliant sale and harmed no one.

 

[Bill Roy]

And the psot and thread was about........................

Perhaps here in the UK we actually bother to do our research correctly rather than some who skim read. But that having been said what is your point concerning that thread and this thread? Please describe for us poor mortals what point you are actually trying to make except trying to obviously taint a member by identifying him with a 'banned' member? Now let me think back, who else has been banned recently? Hmmmmm, can you name anyone Acro?

 

[Dale Hubbard]

People that have been on this forum a while should know that it's only reasonable to give Andrew a break since he's a longstanding member and secondly; he chose to remove his OP. Some of you are like vultures with nothing else to do other than close in on undeserving 'prey'. Be fair. He deleted his original post - let's have some inter-member respect without moderation. That will show the true blues here.

 

[Bill Roy]

Acro, for a start Ashaw has already stated in this thread that he has a substantial number of domains that faall into the category, I personally disagree with holding such names, although I have dabbled.

Now what difference does that make to this thread that Ashaw carried out a perfectly legitimate business deal with a buyer who was left to decide the price that would be paid for the domain?

It seems to me that many read to much into Ashaw's brilliant business acumen in this instance, and by the way not just you Acro. What should be taken from this is the fact that you can deal with a TM holder if you have a TM domain.

You see rather than argue the pro's and con's of the method used you have decided to launch an attack on a member who was quite couragous in detailing the deal for others to learn from.

Ashaw has always, to my knowledge, been helpful to beginners and has never been involved in the lower quality posts of insulting members either on this or any other forum I have come across him on. Therefore when an attack is made quite needlessly upon him, just as would be with any other member whom I respect, I will defend him.

So this is why I have responded, and will continue to do so if I feel it necessary.

I have read the thread by the way, including when it first went up, but I like many others not only realise that TM domains are dubious legally, may even be unethical, but like many I also realise that the current law is abussed by TM holders to gain domains that are felt not to be in breach of a TM. Ashaw has shown by the deal in the original post that perhaps there is a way of satisfying both the TM holder and benefitting the domain holder, otherwise known as a good old fashioned compremise.

 

[Theo]

Both his initial posting and its subsequent removal were his own choice. I wish that he had left it all intact, because frankly, it was a "what not to do after a C&D" guide.

I understand Andrew is only 20 years old; that's the only break I can see he's justified for.

Acro, for a start Ashaw has already stated in this thread that he has a substantial number of domains that faall into the category, I personally disagree with holding such names, although I have dabbled.

Now what difference does that make to this thread that Ashaw carried out a perfectly legitimate business deal with a buyer who was left to decide the price that would be paid for the domain?

It seems to me that many read to much into Ashaw's brilliant business acumen in this instance, and by the way not just you Acro. What should be taken from this is the fact that you can deal with a TM holder if you have a TM domain.

You see rather than argue the pro's and con's of the method used you have decided to launch an attack on a member who was quite couragous in detailing the deal for others to learn from.

Ashaw has always, to my knowledge, been helpful to beginners and has never been involved in the lower quality posts of insulting members either on this or any other forum I have come across him on. Therefore when an attack is made quite needlessly upon him, just as would be with any other member whom I respect, I will defend him.

So this is why I have responded, and will continue to do so if I feel it necessary.

I have read the thread by the way, including when it first went up, but I like many others not only realise that TM domains are dubious legally, may even be unethical, but like many I also realise that the current law is abussed by TM holders to gain domains that are felt not to be in breach of a TM. Ashaw has shown by the deal in the original post that perhaps there is a way of satisfying both the TM holder and benefitting the domain holder, otherwise known as a good old fashioned compremise.

Did you actually read Ashaw's initial post, or do you deduce what he might have posted from subsequent responses?

I am baffled as to who's side are you on, that of the tm holders or that of the tm infringing domainers? You can't be in the middle, it's either or.

I don't judge Ashaw's personality, just this particular action and severe lack of proper handling of a trademark name - along with the indisputable fact that he's linked to Denny007's infamous tm forum, as a moderator no less! He should consider himself extremely lucky for pulling this off.

 

[Bill Roy]

Acro, if you had read 'my posts you will have seen that indeed I was the very first person to read Ashaw's original post!

Personally I am 'generally' against TM domain registration, however, I realise that the law on TM domains is basically a total ass and it is interpreted in such a descriminatory way by different authorities that it is continuously brought into disrepute. What I applaud Ashaw for doing was to manage a domain sale where both he as the domainer and the company as the TM holder negotiated a sensible solution that both were happy with. The fact that Ashaw initiated the transaction process shows maturity beyond his tender years, a maturity that is seldom shown by much older domainers.

The TM holding company never probably thought about the domain before Ashaw contacted them, existing in total ignorance, another domainer may well have literally registered it and squatted on it forever. Ashaw approached the company openly and fairly about the domain. SUrely this is to be applauded, he did not argue when they said that they wanted the domain transferred to them he merely pointed out that he had previously turned down an offer for the domain. Upon transfer the TM holding company made a payment of $1,000 to Ashaw (they are to be applauded). Both parties are happy and surely that is to be applauded. This is the way such disputes should generally be handled IMHO.

My respect for Ashaw as a businessman and a negotiator has increased due to this episode, although I still 'generally' (see above) disagree with registering TM domains.

I hope this explains my situation concerning this matter and that of TM domain registration.

 

[Theo]

Ahhh where is Mr. Berryhill when you need him...

The TM holding company never probably thought about the domain before Ashaw contacted them, existing in total ignorance, another domainer may well have literally registered it and squatted on it forever.

So according to your logic, I can register IBMcomputerServers.com (it's available) as long as IBM - which produces server hardware - is totally ignorant of my registration. In fact, again according to your logic, I'd better register it now and offer it to them (for a fee) because someone else might do it first.

SUrely this is to be applauded, he did not argue when they said that they wanted the domain transferred to them he merely pointed out that he had previously turned down an offer for the domain.

He did not argue - by this you mean that because no letter with "Smith, Jones & Hardy, Esq." had reached his mailbox with overnight delivery he felt he was doing something of his own choice. As for fibbing about the offer he had of $900, that was fine as long as the company didn't know.

Very Spartan of him, indeed. Kids in Sparta were being raised as soldiers, being told that they could steal as long as they weren't discovered.

Upon transfer the TM holding company made a payment of $1,000 to Ashaw (they are to be applauded).

The tm holding company felt that the barrage of begging e-mails had to stop somehow and Ashaw was generously given the amount (which, remember, was based on a fib) rounded up to the closest thousand. The $1,000 represents roughly 3 hours of legal paperwork.

My respect for Ashaw as a businessman and a negotiator has increased due to this episode

I am rather concerned about your choice of idols in the professional world, but it's your choice regardless. Just remember that it's all fun and games till someone loses an eye.

although I still 'generally' (see above) disagree with registering TM domains.

If you disagree, please see the thread I linked to where it's clear Ashaw is a moderator at a domain name forum ran by cybersquatter Denny007.

 

[Theo]

Ashaw is a moderator at a domain name forum ran by cybersquatter Denny007

I'll humbly add my 2 cents: If I ever saw a false statement, the above is one.

Not that I think anyone is trying to mislead; it's probably just a misunderstanding. Anyway, the truth is complex, and last time I was in touch with Denny, he claimed to be a Rabbi (not sure about that either).

Here, read this thread http://www.dnforum.com/showthread.php?t=195191

The synopsis: Ashaw PM'ed member(s) of DNF inviting them to the "exclusive" and trademark violations laden forum of Denny007 (albeit, without Denny's consent). At the time of the thread, 7 months ago, Ashaw was a moderator at that particular forum.

So which statement is false?

 

[Focus]

If everyone does'nt leave everyone alone I am gonna punch them in the eye

 

[stuff]

My mom is in Greece and I live in Orlando, Florida. Anything else, loser?

actually no
as you may see the only ass kisser here are you....
SO I was right all along, you had to do some serious ass kissing

 

[taboo]

haha I <3 this thread... opcorn:

 

[Theo]

Whatever you say wise guy. Every single bashing post you made has been reported before you edit it. Enjoy your final 24 hours on DNF.

 

[taboo]

Whatever you say wise guy. Every single bashing post you made has been reported before you edit it. Enjoy your final 24 hours on DNF.

Haha that is so funny coming from you. k:

 

[stuff]

Whatever you say wise guy. Every single bashing post you made has been reported before you edit it. Enjoy your final 24 hours on DNF.

thanks friend.
whatever makes you happy
I just in case reported you too

 

[Focus]

stuff...why did you come in this thread to harass Acroplex and try to get him re-banned? it's obvious your intentions here...grow up man, get a life! Get over it!

 

[Bill Roy]

Right all, has this now not gone far enough? There are two basic camps of opinion, and it would seem that neither will convince the other so surely we should agree to disagree and all move on from this point. Let us not inundate the mods and admins with this squabble, all of us are here on business and the loss of reputation to anyone of us let alone a possible ban is beyond reason for such a small contenscious matter.

Please I would ask you 'all' to now let this thread rest and go to sleep.

 

[Focus]

yes, BILLBO...I totally agree..hopefully stuff gets over whatever his issues are and leaves acroplex alone and stops harassing him in every thread he has a chance to..how revealing of himself in this thread!

analplex has old data, he was banned in dnforum for some time, then he lived in total isolation, had to talk with his mom the whole day. So let him speak now for the time he was banned, he has so much information he likes to share.

stuff - really nice. :?:

wow, so you kiss Adams ass now, that good for you. Also nose brown? SO I was right all along, you had to do some serious ass kissing

I am sure if you have a problem with ADAMS decisions you can take it up with him, that seems to be the case here, no? :uhoh:

 

[stuff]

stuff...why did you come in this thread to harass Acroplex and try to get him re-banned? it's obvious your intentions here...grow up man, get a life! Get over it!

well thats the point focus, I have a real life and I don`t have as much time to post here as you and acro here have. So what I do is offer you two internet freaks the possibility to feel the REAL life(I heard acros mother moved away to cyprus, so I thought he feels lonely), to have emotions etc.. to have some drama( I make you mad and then you try to bash me etc..), and to harass other people.

 

[Focus]

You really must have had some bad things happen to you huh? Here is a famous mocus hug for you little guy

Stuff --> :hug: <-- Mocus (notice how he smiles when I hold him)

Have a great night...and remember, Jesus loves you...yes, even you. k:

 

[stuff]

I am sure if you have a problem with ADAMS decisions you can take it up with him, that seems to be the case here, no? :uhoh:

well yes thats the whole point a guy gets banned at least 5 times ( he always got personal and attacked people that had different oppinion, and even now he posts like mad, makes racists comments etc..) in this forum and every time someone lets him back again. I mean what the hell??? But noone listens to me.