Thanks for your comments/advice, guys, they were great, I appreciate it. But before I show the legal motion this jerk began against me with Go Daddy....
Can someone tell me (if they've been thru a WIPO process themselves or know the system) For another domain (I don't have a thread on that one), the Complainant already started a WIPO case against me on July 31, I only knew that cuz their lawyer emailed me a copy of their WIPO complaint and they also contacted Go Daddy (the Claimant did) but I HAVE NOT been contacted by WIPO even when there's already a case # assigned to it and it reads "Under Review", "In Process" or something like that.....Is this normal after 8 days ? Does that mean the WIPO litigation is happening and I was never even given a chance or is WIPO analyzing the merits of the fukcing bastards who filed it ? I can't find the answer to this on WIPO.int, confusing website. I haven't decided if I'll be attempting to defend myself or sending a statement or whatever is allowed, I know I can't afford an IP lawyer, the domain is not valuable here either. But WHEN DOES THE RESPONDENT GET TO EMAIL A DEFENSE, STATEMENT OR WHATEVER TO WIPO ? I had assumed WIPO would tell me my options in a formal letter right after they got the motion from the Complainants, should I email WIPO immediately ? It's just I'm concerned that a WIPO letter may not be coming and if I submit a defense or statrement they'll tell me I'm late. HAS ANY OF YOU BEEN THRU THIS ?
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As for the N-NN.com this thread is about, here's what the dickhead did (below), Go Daddy Legal contacted me, this is their email, and no, he did not mention what that TM is, not even to them, I'm surprised GD even accepted this. But since I've read a WIPO complaint does not need to include a TM (it can be another domain, brand, trade name, biz name, website) there's a small chance that what he owns is that and not a TM. He also says he needs my info (name, street address) to send a C & D, I always emailed him from the real email address I use for that GD account, so he already knows that, he just needs my last name, why didn't he ask me for my other info instead of involving GD at this stage, I'm sure he googled that email adress and knows exactly who we are. And he'll be taking "civil action" if I don't give him the name, which I will not.
Once I get the C & D I'll post it here, no point guessing now. I'll then ask here if I need to respond if it comes from a lawyer, I've read some domainers ignore the C & D even coming from a lawyer --which I know is just a fancy threat-- and wait to be sent a UDRP. But he mentions "civil action", does that mean he plans to sue me in civil court and try to get an injunction against me and try to be granted the domain ? I"ll wait and see. Once someone is sued in civil court then you have to respond, I don't think anybody can ignore that. If he does not own a real TM he may see suing in civil court as a better chance to get the domain taken from me than a WIPO procedure.
Dave Zan had mentioned a UDRP can be filed w/entities other than WIPO, like a registrar for instance ? or maybe civil court ? I thought a UDRP was exclusively a WIPO process.
Notice he told GD he plans to prosecute me under the FTDA (Federal Trademark Dilution Act) and ACPA (Anti-cybersquatting Consumer Protection Act) Oooooooo, I'm shaing in my boots here, LMAO, isn't he pathetic ? When I kept asking for his TM I also mentioned he had to prove (if he had a TM) that when I won the name 3 yrs ago I knew of the existing "whatever" he has, I wanted to compare my date of acquisition w/the date of his "whatever" creation, if he does not include what name of his I'm violating in the C & D then this case will go into the domain annals as the most idiotic ever !
As for the email from GD that I need to answer to. With my other domain in dispute already at WIPO the same thing happened, in about 24 hrs I'll get a notice from GD they're charging me $20 for just receiving this legal action threat and they'll tell me to send the Complainant a response w/my info (w/a copy to GD) or they'll reveal it themselves (there's privacy on the domain) And when GD gets the UDRP or notice of civil action they'll charge an additional $50 just for receiving that, again. I'm trying to get the $50 reversed for the 1st domain. GD will then put a lock on the name until the legal process has ended. Even GD is making money out of my mishap ! Everyone is, except the domain owner. Yet another reason I had to sell to him, not only could a domainer lose the domain, thousands in legal fees and so many hours of research, but Go Daddy, to top it all off, makes $70 per domain dispute sent to them, even baseless ones, (added to my monetary loss) just for reading what these two pricks send them. How do you like this ?
He never answered my email asking $500 and I haven't heard from this asshole again. Other than this email GD wants me to send him I won't be contacting him. And guys, although ignoring him would've been ideal, the only reason I emailed him was because he offered $300, I lost so much in domaining already, maybe most of you have made a ton of $ or not lost much. If he had contacted me w/o the squatter rant I'm sure he'd be the owner now. That amount was not bad for a name we haven't had more than two offers for, and those were way less than $300. I bet any of you would get over being called a squatter and sell to him if you were in my position. Maybe you all can afford to sell only to peple you know or like, I can't. Next renewal I'm not sure I could've carried this name and others, so his offer was something I needed.
And sure, I have pride too, I said it was priceless to see him spend thousands trying to get the domain by legal action. But the point I was making (which you may have missed in part) was that even when he pissed me off he was offering a decent amount for that name and I needed the funds. Then I saw your reactions and decided not to sell.
Cartoonz, I know you were so upset that if I sold it would embolden others like him to do the same, I agree, and you didn't want him to "win" by getting the name for the price he offered trying to bully me. But taking his money despite how I felt about his behavior would've also been sort of a "win", mine, lol, making sure his money ended up w/the guy he pissed off. I have no idea if the C & D will contain an offer, if it does and it's $300 it's a no brainer. I already said I don't have the funds to fight a legal action. Just like the other domain already in WIPO's hands, all a domainer will have left if he wins is pride and a domain not worth much, and endless hrs spent in WIPO cases. The fact that anyone will go to those lengths throwing so much money away to get a domain they (both Complainants) could've had for a small fraction directly from the owner is simply insane.
And Cartoonz, you felt I was being too soft on this nutjob but I really haven't been. You thought my selling (wanting to) for $300 was to make him go away, not pursue me legally and cuz I was afraid. Not the case, I did want him to stop but it was in fact because he offered me a decent price for a name I could not sell or develop for 3 yrs. I just wish he hadn't made his feelings towards domainers known to me, or that the offer had come thru an auction service.
Acro and Cartoonz, thanks for offering to help, I'll PM you both the moment I get the C & D w/the actual info.
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Subject : Possible Legal Issue Re XXXX.XXX
Dear Customer,
We are forwarding this possible legal complaint for your domain name XXXX to you as a courtesy. At this time, we have not released any of your contact information. Any questions, concerns, or proposed resolution regarding this issue will need to be directed to the complainant listed below.
Very truly yours,
Office of the General Manager
Domains By Proxy, LLC
DBP Legal Dispute
Complainant Information: XXXXXXXX
Claim ID: XXXXXX
Requestor First Name: XXXXXXX
Requestor Last Name: XXXXXXX
Requestor Firm:
Requestor Company: XXXXXXXX
Alleged URL:
Requestor Email: XXXXXXXXXX
Requestor Phone: XXXXXXXX
Requestor Fax:
Complaint Nature: Trademark
Federal trademark registration number:
Additional Information: This domain violates the ACPA and FTDA. I need the registrant's contact information so they can be served with a cease and desist prior to filing a civil claim
