wipo case

[john cordingley]

want to hear some breaking news...
i bought 0tis.com...in good faith along with 0liver.com 0rson.com
all same day ..along with 30 or so other domains using a number instead of
a letter ..pau1.com(cheap way to own good name domains)
today the case by otis elevators against me with wipo
has ruled i must transfer to them....you see i registed "IN BAD FAITH"
WHAT A LOAD OF S**T.....
I feel really insulted and winded by this comment...
It seems also that my evidence of dates and other names registed at the same time has not been considered
* has wipo become the strong arm of western companies on the internet*
yours
john

 

[Domagon]

According to ICANN UDRP page, it says "Case Suspended" ...?

Ron

 

[Garry Anderson]

John - has Otis Elevators sole world exclusive rights to the word "otis"?

I think not.

Unless you were using the domain in the same goods or services as Otis Elevators - I believe they overreach.

Mind you - that is what crooked individuals in UN WIPO designed the UDRP for - to circumvent certain factors that are examined in EVERY TRADEMARK INFRINGEMENT ACTION.

As you know - other people use the name "Otis" - like billionaire Franklin Otis Jr.

Ask a trademark lawyer if it would be unlawful for you to use business name "Otis" to work in goods or services not associated with Otis Elevators.

Did you know otis is also a genus of birds including the bustards?

Also it is geographic place name - several towns in America.

otis, CO
otis, KS
otis, LA
otis, MA
otis, OR

http://dictionary.reference.com/search?q=otis

Also an acronym:

http://www.acronymfinder.com/af-query.asp?p=dict&String=exact&Acronym=OTIS

"I feel really insulted and winded by this comment"

I would be also - WIPO has corroborated the derogatory accusation that you are indeed a person who has acted in Bad Faith - this is likely to be used in future false complaints to win against you.

It seems you are now a person whom one should not trust - according to Otis Elevators and UN WIPO panelist.

When somebody has made FALSE legal accusation against you with 'actual malice' - reckless disregard of whether it was false or not (e.g. no evidence at all that you traded in the same goods or services) - isn't that defamation?

However, this is all purely informed opinion - you should take legal advice - IANAL.

 

[john cordingley]

s...
i bought 0tis.com...in good faith along with 0liver.com 0rson.com
all same day ..along with 30 or so other domains using a number instead of
a letter ..pau1.com(cheap way to own good name domains)
yesterday the case by otis elevators against me with wipo
has ruled i must transfer to them....you see i registed "IN BAD FAITH"
WHAT A LOAD OF S**T.....if when buying a domain you cannot even register a boys name then where is the internet going.....
I feel really insulted and angered by this comment...
It seems also that my evidence of dates and other names registed at the same time has not been considered.(how convenient)
In fact they say i presented no evidence...they said(otis) i offered them the domain at a price....bullsh*t...they asked when i told them i was recieving their email how much i wanted for the domain...
I believe like many others that wipo is not working properly and is abusing its position in favour of big money companies.
* has wipo become the strong arm of western companies on the internet*
yours
john
ps ..Im starting to see why people outside the west hate the power western companys have in abusing and forcing their ways on others..
Its legal crime in my eyes....just that they have money and we dont..
christian values really stand for nowt these days ..its all about money
and it all a load of crap.

 

[Anthony Ng]

Thread moved from "Domain Appraisals by Peers" for better exposure and more targeted audience. Thanks.

 

[Mr Webname]

they said(otis) i offered them the domain at a price....bullsh*t...they asked when i told them i was recieving their email how much i wanted for the domain...

So did you offer to sell it to them?

Im starting to see why people outside the west hate the power western companys have in abusing and forcing their ways on others..

Don't you think that that is an over-generalisation?

 

[john cordingley]

Thanks for the kind words
john

 

[Anthony Ng]

Wasn't aware that you already had another thread about this. Threads merged. Thanks.

 

[john cordingley]

Hello & thanks for reply,
When i receive mis-spelt e-mails i fowarded them to whoever they were in otis.(acting in good faith)that they were intended for...they then by way of phone call asked how much i would want for the domain....I offered to have it appraised to find the value....mistake...they said put this on an email...which i did...
they then provide this as evidence that i bought to sell directly to them.
they totaly disregard the fact that i bought a list of boys and girls names...dates of which along with other names bought at the same time were supplied all with numbers instead of letters in their name...
ie 0liver.com..........0rson.com etc etc
bad faith they say....the bad faith comes from wipo...believe me....
have no faith in wipo.
they are a one sided organisation being allowed to strike at will
Yours john ...thanks for listening

 

[chatcher]

...have no faith in wipo...

Believe me, I do not agree with a number of UDRP decisions made by WIPO (and other) panelists. But each case and each panel are different, and some decisions are decided fairly.

I see the domain name is still registered in your name. Did you receive a notice of complaint from WIPO? Did you prepare and submit a response to the complaint? Has the case already been decided against you?

 

[john cordingley]

believe you me the case against me was set from the outset...
the more i read the more i learn...
telephone calls to let me think that they wanted to buy the domain
then they asked me to e-mail to confirm that i was willing to sell (saved as evidence)by otis
I have lost the case ...i have 10 days to mount a legal challenge? otherwise
it then gets transferred..
believe me i bought this domain without the knowledge of there ever being a company called otis..from the uk you see...
they were going to settle out of court for $1,000
but due to comunication problems with my representation....dont know if its right to name him.......the deal was not done...not that i would of anyway..
I bought in good faith...so its the principle..
and to add insult to injury they said i made no communicaton with them for my defence...bull.....i sent off the case ...but surprise ..surprise..
yep ....they never received it....
John

 

[chatcher]

...they said i made no communicaton with them for my defence...bull.....i sent off the case ...but surprise ..surprise..
yep ....they never received it....

If the panel deciding your case did not receive your response, it is not surprising they would rule against you. (I'm not making any judgements about whose fault it was that they did not receive the response.)

 

[Domagon]

ICANN UDRP status page indicates "Case Suspended". It doesn't appear a decision was rendered ...

In addition the domain name appears to *still* be registered to John Cordingley.

Ron

 

[jberryhill]

If the panel deciding your case did not receive your response, it is not surprising they would rule against you. (I'm not making any judgements about whose fault it was that they did not receive the response.)

Which is why, after receiving a response, the case manager sends out a confirmation that it has been timely received. What sort of receipt did you get?

And you did what, exactly, with the postal or courier receipt for the hard copy version of the response?

but due to comunication problems with my representation....dont know if its right to name him.......the deal was not done...not that i would of anyway..

An interesting communication problem. You mean that if you had communicated your desire not to accept the offer, then the offer would have been accepted?

 

[DaddyHalbucks]

John Cordingley wrote:

they then by way of phone call asked how much i would want for the domain....I offered to have it appraised to find the value....mistake...they said put this on an email...which i did...
they then provide this as evidence that i bought to sell directly to them.
+++++++++++++++++++

A big big mistake!!

Never offer to sell a domain! Especially one that is subject to a trademark claim.

 

[jberryhill]

Oh, they got the email... after this thing had been dragged out for three months for no apparent purpose:

http://arbiter.wipo.int/domains/decisions/html/2004/d2004-0269.html


In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 20, 2004. In accordance with the Rules, paragraph 5(a), the due date for Response was May 10, 2004. At the Respondent’s request, an extension was granted by the Center until May 18, 2004. At Complainant’s request, the proceedings were subsequently suspended until August 31, 2004, in order to pursue settlement negotiations. At Complainant’s request, the proceedings were recommenced on September 1, 2004. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default to both the Respondent and his legal representative on September 1, 2004. The Respondent did not reply until September 6, 2004, when he indicated that he could not afford legal representation, but still wished to defend the Complaint. The Center informed him that any Response would now be considered to be late and that the Administrative Panel would have sole discretion in deciding whether to consider it.

The Respondent admits (in an e-mail to the Center of September 6, 2004) that he acquired a number of other domain names at the same time as the Disputed Domain Name.

along with 30 or so other domains using a number instead of
a letter ..pau1.com(cheap way to own good name domains)

Yah, particularly if your name is ferrar1.com

 

[john cordingley]

Whats wrong with ferrar1.com
Im a big ferrari fan.........If this domain constituets bad faith then i will gladly give it over ...i was going to set up a fan site...i know many fansites for football to basketball...this doesnt mean im trying to rip off ferrari...but As for not filing a response that is my point...I did file a reponse to the case stating my defence....The delay was to let us try and sort out an out of court settlement.....which i decided did not want to do ......i bought in good faith....Not all of us make our living out of others lack of internet knowledge...like some....And will use all dirty and bullying tricks to achieve this...If you still believe that this case is justice then you are proberbly the same as wipo....biased and unjust .....In fact you proberbly work for them..

 

[DaddyHalbucks]

John Cordingley wrote:

Whats wrong with ferrar1.com
Im a big ferrari fan.........If this domain constituets bad faith then i will gladly give it over ...i was going to set up a fan site...i know many fansites for football to basketball...this doesnt mean im trying to rip off ferrari
+++++++++++++++++++++++

What's wrong?

Maybe you intended to set up a fan site, but you didn't.

What you DID do: you demonstrated bad faith by offering to sell it.

 

[john cordingley]

I was approached by otis by telephone initially....they rang 4 or 5 times
they kept asking how much i wanted for the domain
they rang england from america.....shows how much they wanted it....
I was foolish enough to say that i would get an appraisal for it
very smart at otis...you see the info they want to use as evidence was done by email but the real talking was done by telephone you see....this hides
it all ...taking me down a blind alley...i admit with hindsight i was nieve..
but it still doesnt deter from the fact that i bought in good faith..
I purchased over 30 names using numbers around the same ...i had never heard of otis....before the telephone call....
my point still is that wipo have acted unfairly in this case, they insist that i did not file a response until the 6 sept.....not true ...
i sent 3 or 4 emails to make my point of good faith ...
There was definatly something going on behind the scenes here whether you like it or not, its the truth...
and to prove it.....
this email was one that was sent to me when i contacted otis to let them know that i was recieving their e-mails....good faith you see.

Good afternoon, Mr. Cordingly.
As a courtesy, would you forward me those e-mails intended for Otis.com for
the next 30 days? After that I will make an assessment as to whether to
purchase this domain.

Thanks a have a great day!

M.

-----Original Message-----
I receive over 5 e mails a week which are meant for different departments of
the Otis Group.
Your customers are miss typing the o for a 0 (zero).
I need to get in contact with the relevant person to discuse this matter as
it appears to be upsetting your customers when the are not receiving
reply's.
Please get in touch soon.
Regards
J. Cordingley
www.0tis.com

 

[Anthony Ng]

FIRST RULE: NEVER say you have intercepted THEIR e-mail.