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What is going on to stop reverse-hijackings?

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taboo

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THE ARBITRATION PANEL MUST BE STOPPED!

http://domains.adrforum.com/domains/decisions/1153492.htm LH.COM STOLEN
http://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-0253.htmll REDBULLSUCKS.COM STOLEN

Question is: What is going on to stop this horrible process?

A Domain name is not a brand it is a destination. If my neighbors name is soandso and my name is sosandso who is to say why soandso should have both of the addresses? Because something is confusingly similar somehow breaks what law? Displaying a page of advertisements that are by design related to relative terms is decided by what key terms are relevant at the time. One day one brand is more popular than the next, and basing lawsuits on popularity is completely non-subjective.

Creating a brand is like creating a person, you can shape it and mold it, but it is it's own entity. It does not share multiple entities with other confusingly similar individuals. It is as if Pamela Anderson sued every big breasted female with blond hair, as they are infringing on her way of capitalizing on herself. If Pamela Anderson was the only big breasted blond on the planet she would of course be very rich. So point being, thank god there is more than one hot blond on planet earth :yes:

Common sense can tell you that a trademark is almost a complete fallacy upon itself. A very famous brand aspirin is now a common reference to tylenol and a chemical makeup of APAP. The company that once thought it had all rights to the term "aspirin" is I believe to be non-existent. For years companies have been suing domainers for trademark infringement going after every domain they think they may be able to get their hands on. These lawsuits are not going to stop, because they know the people don't have money and they do. They think money can run the Internet, but that is not what the Internet is about. The Internet is about freedom! If someone thinks redbull sucks, they should be able to buy redbullsucks.com and express their voice. This not a bureaucracy, as much as the bureaucrats are thinking that it is by trying to enforce so many laws pertaining to the web, domain names, and whatever else bureaucrats do. Usually interfering with others business trying to get thier hands in as many pockets as they can. Bullying as many individuals as they can to maintain dominance.

Life is not fair, so why should this be any different on the web? I own the domain, and they think they own it. That is the most significant part of all this. Somehow now the view of the arbitration panel is not even about who has rights to the domain, but who thinks they have rights to the domain. This is a conspiracy! Since the panel receives $2,000 for each suit filed they have a skewed point of view, as if they did not reward domains they would be out of business. They created a revenue stream by stealing domain names from people, and giving them to corporations. One of the best examples of this was with LH.com -- The most attrocius blatant theft I have ever seen.

Action must be taken to ensure that the Internet will remain free. If nothing is done bureaucracy will reign, and rules will keep forming. Keeping individuals out, and corporations in. The Arbitration forum is a new greedy entity that is funded through new ways of theft. The entire process must be re-evaluated, and the biggest problem is domainers do not have a large enough voice.
 
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fab

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I can't understand why the domain owners of LH.Com, which is worth at least $1M, did not put up a bona fide web-site, which at worst would have cost them 1K. This doesn't justify the decision, but questions there lack of common sense.
 

JMJ

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I can't understand why the domain owners of LH.Com, which is worth at least $1M, did not put up a bona fide web-site, which at worst would have cost them 1K. This doesn't justify the decision, but questions there lack of common sense.

Why should they have to? I have several personal domains for email purposes only. And I'm quite sure tens of thousands if not hundreds of thousands, maybe even millions do as well? Why should I have to develop a site to keep/make it mine?
 

fab

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Why should they have to? I have several personal domains for email purposes only. And I'm quite sure tens of thousands if not hundreds of thousands, maybe even millions do as well? Why should I have to develop a site to keep/make it mine?

It's not whether they have to or should. When you buy a house or car you get insurance. When you own a million dollar domain, why not get insurance.

A Bona-fide web-site is considered proper use , and will insure the domain is not taken.

Here are two examples for use :
1. luteinizing hormone (LH) LH is a protein hormone released by the anterior pituitary gland
2. The lh command is and internal command loaded within the autoexec.bat

For 1K they could have got a site set up in a weeks time, and saved themselves a million + dollars.

Better to be smart than right.
 

JMJ

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You see the problem is it's not just LH.com elequa has 100k+ domains. So to do as you say and play it safe he would be spending $100,000,000+ dollars. And then 10,000+ people to manage those 100k+ sites.
 
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taboo

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It would be interesting to know how many generics have been lost...
 

fab

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You see the problem is it's not just LH.com elequa has 100k+ domains. So to do as you say and play it safe he would be spending $100,000,000+ dollars. And then 10,000+ people to manage those 100k+ sites.

I'm sure that not all 100K names are worth 100K+. They should at least do that with the expensive names.
 

JMJ

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I'm sure that not all 100K names are worth 100K+. They should at least do that with the expensive names.

It shouldn't be about the value of the name. It should be about the rights to the name. If generics such as this get awarded in such a way then what makes any name safe? The OP has a point in what he's saying about WIPO panelists. If you look at it from a different point of view. Lets say you were being sued for whatever reason in your local town. The plantifs attorney was allowed to give the judge $1000 when he walks into the courtroom to make his point. And thats the only way the judge gets paid. You on the other hand didn't get the luxury of filling his pockets. All you can do is try to make your $0 case look better than the $1000.
 
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fab

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The point was understood. All I'm saying is, it's better to be smart, then being right!

You can fight the system as long as you want, but so long as the game is crooked, you need to play by those rules!
 
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