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

[Theo]

Of course not, Bill. I don't mind disagreeing - although there is one thing called the "universal truth" - the thing I do mind is the type of psychotic rectum-talk that started with post #57 and the rest of Stuff's posts.

On the subject though, you blindly justify Ashaw's actions as legitimate, basing your judgement on Ashaw's prior overall behavior. However, his behavior in this particular matter was far from ethical and it has been extensively pointed out by me and at least two others, EJS and DNQuest in this thread.

Now we need the legal expert, John Berryhill to cast his statement.

 

[Focus]

I love the way we all act like we really give a sh*t about this matter...lol

 

[Bill Roy]

Focus: :lol::lol::lol:

Acro, that is a brilliant idea! If John Berryhill could comment it would be really interesting.

 

[Andrew Shaw]

My response above was short and to the point, as I was on vacation. Stupidly I did not bring my lap top, so I had to go to an internet cafe. Being that the charge was $6 for 15 minutes... I wanted to spend as little time there as possible.

Now that Im home, and I get to read though all the bull shit I have a few things to say now that I can actually make a defense for myself.

First, thank you Bill and Azooza for taking care of the explaining while I was gone... I think many people would be lost if not for that. Also thanks to those who did chime in with the bashful posts. Ill always remember who you are.

Now if everyone is done with there assumptions, lets go over what REALLY happend.

I recieved a $900 offer from a member at Digital Point. The offer was placed via public thread, but then later deleted at the request of myself. The individual that made me the offer also included conditions to be met first. The one major condition was that since the domain name included a word that COULD be associated with a large company; that I would need to get their approval for development before the sale went forward.

Although I am MORE THEN WILLING to admit I DO own a lot of trademarked names... I will also be quick to tell you that this particular domain name was not aquired based on the trademark.

Acroplex... I wish that you would stop acting like you never do anything wrong. Let alone own a TMed name... Unless there is another acroplex on the board... it appears that you too were selling TMed names JUST YESTERDAY! (http://www.dnforum.com/showthread.php?t=242598)

Not that I care acro... Id just rather you get off my ass and stop cutting people down and acting like your perfect. If you ask me, I'd say that this has something to do with your personal regrets twords Denny... One of which I have not talked to or associated with for atleast a half of a year. For the record... to be fair... I was kicked from being Admin because I was too nice to people.

 

[Deleted member 70408]

My response above was short and to the point, as I was on vacation. Stupidly I did not bring my lap top, so I had to go to an internet cafe. Being that the charge was $6 for 15 minutes... I wanted to spend as little time there as possible.

Now that Im home, and I get to read though all the bull shit I have a few things to say now that I can actually make a defense for myself.

First, thank you Bill and Azooza for taking care of the explaining while I was gone... I think many people would be lost if not for that. Also thanks to those who did chime in with the bashful posts. Ill always remember who you are.

Now if everyone is done with there assumptions, lets go over what REALLY happend.

I recieved a $900 offer from a member at Digital Point. The offer was placed via public thread, but then later deleted at the request of myself. The individual that made me the offer also included conditions to be met first. The one major condition was that since the domain name included a word that COULD be associated with a large company; that I would need to get their approval for development before the sale went forward.

Although I am MORE THEN WILLING to admit I DO own a lot of trademarked names... I will also be quick to tell you that this particular domain name was not aquired based on the trademark.

Acroplex... I wish that you would stop acting like you never do anything wrong. Let alone own a TMed name... Unless there is another acroplex on the board... it appears that you too were selling TMed names JUST YESTERDAY! (http://www.dnforum.com/showthread.php?t=242598)

Not that I care acro... Id just rather you get off my ass and stop cutting people down and acting like your perfect. If you ask me, I'd say that this has something to do with your personal regrets twords Denny... One of which I have not talked to or associated with for atleast a half of a year. For the record... to be fair... I was kicked from being Admin because I was too nice to people.

At what point did you offer to turn in people who were selling trademark names?

"I would also like to propose to you an offer that may be of interest to you. I am in a network of a little over 75,000 people that buy and sell domain names daily. Often I run into trademarked domain names, (including xxxxxxxx related names) regardless of the anticybersquatting laws effective in 1999. I would like to work with you in reporting any trademarked names to you by means of commission or even by a daily pay scale.

This will be of much help to you in attempts to weed out those domain names that may actually be hurting your business.

Please let me know what we can do."

 

[Dale Hubbard]

He was only blagging. He wouldn't have turned anyone in. It was only part of his pitch.

 

[Theo]

Hey Ashaw kid, grasping at straws again after all the whipping of your ass you come back a week later to get some more? Unless you're some dumbass looking for more trouble which I would not attribute any longer to you being 21 years old but to some brain damage from substance abuse.

You were caught red-handed, instead of being quiet about it you boast how you sold a tm name to its owners for a grand. Big effing deal. Now you're tagged as a cybersquatter.

Kisses to daddy denny.

 

[Andrew Shaw]

It was somewhere between the emails where I told them that I was going to willingly hand over the domain name. The email they sent me regarding the 1999 anti cybersquatting law, and the signing of the agreement that I will not register or purchase domain names regarding to this companies Trademark in the future.
As I've said earlier.. Me acting as if I were against cybersquatting was so that they didnt think I buy names only to contact companies on a normal basis. They disregarded my proposal, as I anticipated they would do... as they already have a legal field that does this. If I wanted to turn people in... Well I wouldnt have called this a network... I wouldnt have withheld the forum name, let alone get involved knowing that a good majority of my names could be challanged with a C&D.

 

[Theo]

It was somewhere between the emails where I told them that I was going to willingly hand over the domain name. The email they sent me regarding the 1999 anti cybersquatting law, and the signing of the agreement that I will not register or purchase domain names regarding to this companies Trademark in the future.
As I've said earlier.. Me acting as if I were against cybersquatting was so that they didnt think I buy names only to contact companies on a normal basis. They disregarded my proposal, as I anticipated they would do... as they already have a legal field that does this. If I wanted to turn people in... Well I wouldnt have called this a network... I wouldnt have withheld the forum name, let alone get involved knowing that a good majority of my names could be challanged with a C&D.

Preserved as evidence of immaturity.

I suggest that you:

1. Put own tail between legs
2. Run far away.

 

[Andrew Shaw]

Caught red handed! You can pick apart every little thing you want about anything I say on this forum, as you do that anway. Noone else on this forum can say the stuff that you do to people and get away with it. By the way you speak to people, I would say that you arnt much older... the sad part is... you are! Age means nothing in the business world... get that though your head. I am not here to start anything... just straighten up the mess you left me with. Im here to defend all the bullshit that has been said about me... As you should know, Im VERY quick to admit when I am wrong... I dont hold grudges, and I like to stay the **** out of fights when I can... I know you would love to put the last word in... but IM not going to let that happen, there is absolutely no way.

 

[Theo]

Then it's going to be a fun Sunday while we go back and forth in a thread you started but you just have no clue when to drop it.

You see, selling tm's to their owners is bad, Ashaw. Did Denny tell you that?

 

[Andrew Shaw]

Take a trip back to post #12 man... Are you fighting with me because you want to shove it in my face a little more... you want the last word? or do you just enjoy causing tention in the forum?

 

[Theo]

Let's see....Ashaw tries to sell tm name to owners. Ashaw gets a C&D slap. Ashaw hands domain over, then begs. Ashaw begs some more. Ashaw lies about intentions. TM owner gives blood money. Ashaw is happy, comes to DNF to tell all about successful blackmail.

Simply put, one mistake too many. Again, my advice: let the thread end, you can't defend yourself and you make yourself look like an ignorant fool.

Not that I care acro... Id just rather you get off my ass and stop cutting people down and acting like your perfect. If you ask me, I'd say that this has something to do with your personal regrets twords Denny... One of which I have not talked to or associated with for atleast a half of a year. For the record... to be fair... I was kicked from being Admin because I was too nice to people.

Hey, getting personal again? I never joined Denny's forum where discussions and sales of tm domains take place. Let alone become a moderator like you did. You were "too nice" to people? You mean, to the cybersquatters that frequent it?

Any side you look at this big fat mess, it reeks.

Take a trip back to post #12 man... Are you fighting with me because you want to shove it in my face a little more... you want the last word? or do you just enjoy causing tention in the forum?

I am not fighting with you. Just laying the facts out there, albeit not as softly as you might want it. Causing tension in the forum? It's a discussion about THINGS NOT TO DO. Not as you intended, as things TO do.

 

[Bill Roy]

Right this thread could become one of the longest on record if we continue to choose to be selective about the evidence!

The facts are simple:

1) A member had a domain name that might be challenged as a TM infringement.
2) The member was offered $900 for the domain on another forum but with the condition that the TM holder agrees to allow development of the domain as an affiliate site.
3) The member then contacts the TM holder and asks for permission to open an affiliate site using the domain name.
4) The TM holder replies 'No' and issues a C&D notice.
5) The member agrees to hand over the domain name to the TM holder but points out he will lose out as he had a $900 offer for the domain name.
6) The TM holder says they will reimburse legitimate costs.
7) The member signs agreement not to register any more domains that may infringe on the TM and sends domain name to TM holder.
8) The TM holder then pays $1,000 to the member as a gratuity.

Both the member and the TM holder are happy.

Now what is wrong with that? In previous posts on this thread it has been suggested that the member would have contacted the TM holder before registering the domain name if he was up-front about it, well that is total rubbish and equates to an inventor going to an engineering firm with an idea and discussing it and showing the company engineering drawings with them and asking if they can produce it without getting a patent first!

These are the facts as I understand them, nothing added or omitted. And definately nothing for Ashaw to have his tail between his legs and scuttle off over.

 

[Theo]

1. There is no "might be" in a tm
2. That was a fib to get the "Buyer's remorse" rolling on the other party - Ashaw attended the Denny School long enough to know.
3. Or a video store....or a rodeo
4. Damn right
5. Fibs again; regardless, they have no obligation to pay more than $8
6. They should have asked for a receipt of out of pocket expenses.
7. That's one less cybersquatter to deal with
8. Gratuity? As blood money, you mean.

But please don't just take my word for it. I'd love to see what John Berryhill would have to say about the process.

1) A member had a domain name that might be challenged as a TM infringement.
2) The member was offered $900 for the domain on another forum but with the condition that the TM holder agrees to allow development of the domain as an affiliate site.
3) The member then contacts the TM holder and asks for permission to open an affiliate site using the domain name.
4) The TM holder replies 'No' and issues a C&D notice.
5) The member agrees to hand over the domain name to the TM holder but points out he will lose out as he had a $900 offer for the domain name.
6) The TM holder says they will reimburse legitimate costs.
7) The member signs agreement not to register any more domains that may infringe on the TM and sends domain name to TM holder.
8) The TM holder then pays $1,000 to the member as a gratuity.

 

[Andrew Shaw]

I contacted them in regards to a sale that was taking place, I told them that I had someone that wanted to develop the domain name, and was asking for their permission. I told them that if they didnt wish to have me develope the domain name that I would be willing to hand it over. I mentioned the sale, but let them know that I was aware of the anti cybersquatting laws. I didnt hear from them for a few days so I contacted them every day, which is not begging... it was a form of persistance. I spoke with one of the lead individuals about my situation and after some communication, they sent me a check.

Libel slander and Defamation of Character is also illegal, did you know that? Telling everyone what you THINK happend, making up stories to fill in your gaps is hurting my reputation and my name. I really wish that you would stop trying to put things together while creating your own little world. What you think happend is not always the case, and you have to know that sometimes you will not always be right.

Indeed I shouldnt have posted it, yes, I was wrong in doing it. That has already been acknolodged quite a few times.

 

[Focus]

who cares...stfu

 

[Theo]

I contacted them in regards to a sale that was taking place, I told them that I had someone that wanted to develop the domain name, and was asking for their permission. I told them that if they didnt wish to have me develope the domain name that I would be willing to hand it over. I mentioned the sale, but let them know that I was aware of the anti cybersquatting laws. I didnt hear from them for a few days so I contacted them every day, which is not begging... it was a form of persistance. I spoke with one of the lead individuals about my situation and after some communication, they sent me a check.

Libel slander and Defamation of Character is also illegal, did you know that? Telling everyone what you THINK happend, making up stories to fill in your gaps is hurting my reputation and my name. I really wish that you would stop trying to put things together while creating your own little world. What you think happend is not always the case, and you have to know that sometimes you will not always be right.

Indeed I shouldnt have posted it, yes, I was wrong in doing it. That has already been acknolodged quite a few times.

You're really are trying hard to clutch the straws at the banks of the sticky lagoon you've stepped into

Ashaw, I am not hurting your reputation. You did. Now, before I go have some lunch let me ask you: why did you take down the original post?

Rhetorical question that one: because you knew you were wrong with all this.

You started a public thread, it didn't go the way you wanted; instead of bowing out, you come back for more.

 

[Andrew Shaw]

After you say whatever you need to say after this post, I'd like any more discussion to happen via PM, or you can ask for my number and we can take this that way.

Do you honestly just disregard what people say to you? Once again, post 12... its there for anyone to read. I'm done here!

 

[Theo]

It's the end of the day and I would like it to go on a positive note. I'm known for the sometimes harsh way of delivering my point of view. Some people are not meant to take punches, not even virtual ones, despite what's right and what's wrong. And I have been harsh to Andrew here. It doesn't really matter what the subject of the debate is all about, since I was not the one being "cheated" out of anything, I was - after all - too harsh with Ashaw. And for that, I will apologize in this thread. Peace.