Morning Folks!!
The Poster Boy for Reverse Domain Hijacking, Márcio Mello Chaves, has hit a little snag. I received the '5 Day Stay' early this morning. I will share the details.
The case will not been accepted by WIPO citing lack of specifics in accordance with 'Bad Faith' unless amended by March 24th. So the clock is ticking. Let's see.
'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:
(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.
Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.
(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).
Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'
I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'
Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. The 'Clown' would have to turn himself into a 'Magician'!
And so on this single point alone Márcio Mello Chaves will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied if/when it ever goes forward! It is flawed on so many levels it could not even reach the lowest bar let alone some of the high hurdles.
Márcio Mello Chaves of Brazil Acting in BAD FAITH on behalf of SaveMe.com.br
The POSTER BOY for Reverse Domain Hijacking
Stay Tuned!
Rick Schwartz
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MH
cool Rick.
I am surprised there is an examination prima facially of bad faith registration at this stage.
I am familiar with NAF and have never seen that – anyone know if this is typical for WIPO?
Lol on the failure to provide a signature.
MH
The lawyering in this case by Márcio Mello Chaves is arguably a bigger black eye than the claim of Reverse Domain Hijacking.
Jon
MH is correct. After all is said and done, you should set up a permanent site in Portuguese explaining how much of an idiot lawyer Márcio Mello Chaves is, make sure it is well linked to and stays on top of the search results in Portuguese for his name forever.
Tim Davids
“The Complaint has not been signed”
now THATS funny.
@Domains
He was probably hoping he could file the complaint and scare you into making a deal before it was heard, or found to be lacking.
Does anyone know if this guy is aware of the storm he has created on this blog and among domainers?
Danny Pryor
Okay, let me get this straight: Regardless of the transparent attempt to reverse hijack the domain, the guy didn’t even SIGN the complaint? What?
Mike
@domains:”He was probably hoping he could file the complaint and scare you into making a deal before it was heard, or found to be lacking.”
that is the same thing I was thinking, this is something that happened to me lot of times, peoples are thinking to scare you and get the domain very easy.
Aggro
Deficient?
The guy is an amateur UDRP lawyer
I want you to bicth slap that filho da puta
Acro
Lack of signing a complaint or other application isn’t rare. Sarah Palin’s application for a trademark at the USPTO lacked exactly that, her signature. Since the Brazilians coughed up $4,000 for a 3-member panel, they are expected to go back and fix those quirks, regardless of their upcoming collision with the brick wall :-) They will have to be crafty with the ‘bad faith’ explanation, because – as Rick said – there would be no way to prove that a registration commenced 14 years prior to the birth of their company by the same name was made in bad faith.
Trico
“Acro said…
…there would be no way to prove that a registration commenced 14 years prior to the birth of their company by the same name was made in bad faith.”
Sorry but you are wrong Acro.
If you really followed Rick’s blog all along you will know that
Rick Schwartz has shown an uncanny* prescience** regarding all things domain names from the early days and on.
—
*Uncanny- Peculiarly unsettling, as if of supernatural origin or nature.
–
**Prescience- knowledge of things before they exist or happen; foreknowledge; foresight.
—
Rick himself has proudly touted his visionary predictions quite often right here in this very blog.
It will be very easy for a lawyer as astute as Márcio Mello Chaves
to extract proof of Rick’s powerful foresight abilities right from
these very blog pages.
Márcio Mello Chaves will be able to show and prove that back in 1996 Rick Schwartz knew that SaveMe.com would become valuable and desirable in June 2010.
Márcio Mello Chaves will be able to show using Rick’s very own words
that Rick Schwartz has had a 5 year plan, a 10 year plan, a 20 year plan.
You cannot have such plans without knowledge, foresight and predictions.
Obviously SaveMe.com was Rick’s 14 year plan.
Okay, I’m just kidding.
Save Us All from further UDRP Domain Lotteries…and predators like
Márcio Mello Chaves.
Member
Hey, there were hundreds of comments here a few minutes ago. Where did they all go?
I too think it is hilarious that a guy who went to WIPO arbitration band camp forgot to sign his complaint. Hardee Har Har. Marcio Mello Chaves of Almaida Law is one attorney I’ll never ever be hiring.
Mauro
Rick… don’t forget to reg the domain ForgotToSign.it :-D
steve
I am starting a fund for Márcio Mello Chaves to continue his lawsuit. We have much to gain from this lawsuit. Send donations to Techies Undermine Ricks Domains , Turd.com
At least 20% of every donated dollare will go to turd.com ‘s efforts.
James
Never underestimate the corruptability of those who are given power. There is always an outside chance of these things going wrong despite all the evidence.
An all Brazilian panel…that’s the only thing that would bother me.
Andrew
Hi Rick,
This guy is just a small time idiot. What I worry about is future attacks like this. What is the thief turn out to be one of the larger corporation based in the US? They have deeper pocket with unethical lawyers that will bend over to do bad deed; as long as they are getting paid. They will rob domainers by dragging matters into federal courts.
From the very beginning, I already saw”loser” written all over this case for the complainant. I am glad to see things is going down this route. However, we should chalk this up as experience to prepare for future attacks. My 2 cents.
jayjay
“If he was a Magician he just turned himself in to a Clown!” ;)~
As said earlier on your other post this things a total joke.
William
Namker-Sorry to say this Freak has little to no respect for human kindness. I have had attorneys demand domains from me some I fight some I don’t We need to have clear rules to protect our domains. Good Luck!! I wish I could say what I really want to say but it will be bleeped..
steve
How do people grow up to be such assholes so fast.
This is what pisses me off about Obama. He has no way to control who gets money and why they deserve help so he gives out trillions to everyone.
I go out and meet people and listen and ask 2 questions. Then I can easily see they don’t deserve any help and free help would just make their condition worse. But they sure can cuss you out.
There is now 50% of the population on entitlements……..
That tells me people are refusing to work shit jobs. Well you start with a job and work your way up into a career.
Nope, we will just take from the government and keep voting them back in.
MH
RON PAUL 2012 !!!!!
Robert
Hello Andrew
I commented on that on the previous post
Google files a complaint over the GooglePlay.com domain name
Google introduced Google Play earlier this week and one of the key missing pieces for the online launch was the domain name GooglePlay.com. That’s because the name has been owned by someone else and not the search engine giant for years. But Google isn’t wasting any time trying to get the domain name to go
Fusible.com
Google trademarked the day before.
Guess who wins this one?
Good Luck to Us All
Robert
P.S. I seldom comment but compelled
to on this issue
Microsoft got 6 of my domains. 1 was 9 yrs. old
ri.sk
It certainly looks like an unsavoury claim on his part.
I hope this gets sorted out, amicably, very soon.
As all ‘domainers’ are in the ‘same boat’, as far as
legal challenges are concerned, it would be a good idea
if there existed an informal mechanism where domain name
folks could rally together whenever a fellow domainer had
a legal challenge, particularly an abusive one.
This would help stress levels, and perhaps even help to
satisfactorily define a UDRP decision-making process that
is clearly not working as it should.
Regards,
Almy
Rick
I tottaly agree with you, this guy is acting very bad, and don’t deserve respect, bu i think that when you put his photo and call him a clown, your behavior is not much more mature than a 14th year teenager.
But i’ts only my point of view ok? Just for you know, in pasth 3 months buscape.com.br was suiting google, because google shoping was in front of them in the searches…funny don’t? hehehehe
Luiz Pacheco
Please translate your posts to portuguese and all Brazilians will know who those bastards really are. I can help you if you want.