The Rick Schwartz Domain Name and Traffic Blog: RicksBlog.com – Home of The Domain King®

Morning Folks!!

It was 5 years ago tomorrow that I paid my wife’s cousin $100 to stand in line at Apple and buy an iPhone. I still have the box, bag and receipt. It was the day my life changed. Again. I even blogged about it. 6 different times! See if I got it right. From 0% of the market to commanding the market in 5 years! Actually about 1 or 2 years.

http://www.ricksblog.com/.services/blog/6a00d83451f3f569e200d8341c9ca453ef/search?filter.q=iphone

Simply put the most versatile tool in my toolbox. The iPhone is the single most important tool that allows me to live life differently. Better. More effective. Better organized. An office in my hand and everything in it and more.

Less than a year later I made the switch from PC to Mac. I have bought 5 or 6 since then. Then the iPad, I got them everywhere. As for iPhones, I lost count how many I have. I said the iPhone would transform Apple and it did and still is.

Am I writing this on the iPhone? No. But I have. And there is more innovation to come.

There are other powerful tools, but if you don’t know how to use them easily, they don’t have much value. The iPhone just works like my mind. All that power and so simple to use. At a red light I can accomplish all the tasks I need to with time to spare because of simplicity. Just an amazing device. One that will mark an era in a way the hula hoop never envisioned.

Have you made the switch? Are you still stuck on crackberry? Have you NEVER had an iphone? Do you love yours like I love mine? I broke mine once, I thought no biggie. Withinin 15 minutes I needed detox.

I simply bought a phone, saw the future and my entire world changed 5 years ago tomorrow.

Have a GREAT Day!

Rick Schwartz

Morning Folks!

Since the day I met Howard I have said that there would be a test case come along that we would have to win and set a standard that would serve to protect all other domains. That was 1999.

When I got this action on saveme.com, I knew that day had come. I knew instantly that this is where we would make our stand and this was the battle we wanted to fight. It was as much a gift as it was a fight.

This is one of the sweetest business accomplishments I have ever been involved in. The satisfaction of having somebody a world away GUILTY of Reverse Domain Name Hijacking! Trying to abuse the system to get what they wanted. Somebody that was warned about peeing on the electric fence and now the decision has been executed exactly as I wrote about when they still had a chance to reconsider.

To me this is just the start of this episode. The start of an era where companies, lawyers and others have FAIR WARNING that if they CHOOSE to go down this path, they too will be found GUILTY of REVERSE DOMAIN NAME HIJACKING just like Márcio Mello Chaves, aka Márcio Chaves, Marcio Chaves and his brother Heitor.

THEY will have to deal with the fallout and the stigma of being found guilty of an attempted hijacking for the rest of their lives as will their firm Almeida Advogados, Brazil. They had ample time and warning but instead pressed forward and NOW…..DEAL WITH IT! Deal with me NEVER letting anyone forget. It will be known and circulated far and wide. It will be used to set an example and a standard. The bigger your company is, the more you worry. The more you have to lose. The more the MEDIA will be interested. Should you abuse the system to try and STEAL what does not belong to you, BE PREPARED. Seize something through a system designed to protect legitimate rights by abuse, and you can do serious and permanent damage to your company and brand. If that happens, blame yourselves as this should be your warning shot.

I would like to hear a clear statement by Almeida Advogados, Brazil now that they have been informed that one of their lawyers has engaged and found guilty in this abuse of Reverse Domain Name Hijacking. Is it ok? Did you encourage or discourage this hijacking? What is the position of your firm on this matter and will you be engaging in this practice in the future? These are legitimate questions going forward that should have some clear answers or we just will come to our own conclusions. Will Almeida Advogados, Brazil, ever be a party to Reverse Domain Name Hijacking again? We will watch and see if this was just an isolated incident or something more.

I will fight to make this practice a crime with penalties. But until then, THIS is the way and the method to shine the light of day in this practice and make these cockroaches know it’s over. Sometimes you just need to scream bloody murder to get people to pay attention and understand just how widespread and disgusting this is. I was not the first to get a RDNH decision, I won't be the last, but I guarantee nobody else has used this GIFT in the dramatic way I will be using it.

The MAIN reason we got the Reverse Domain Name Hijacking (RDNH) decision is we sought it. We fought for it. Howard was clear and I was clear that anything less would be “The agony of defeat.” Just a win without the RDNH finding to ME would have been a loss. Not a loss, but a great loss. One of the top 5 losses in my entire business life. But a victory here would be a huge achievement personally and one I could share with everyone else that owns a domain name.

As I do my research, it is not often that WIPO uses the phrase “Reverse Domain Name Hijacking”. As far as I can see so far in my research, just several dozen at most. Most stop short at “Abuse”. Many because they just did not go for the RDNH in their response. Some would have won had they asked.

Nat Cohn has published a blog post and comprehensive list at
http://www.domainarts.com/2012/06/18/why-reverse-domain-name-hijacking-needs-to-be-a-real-penalty-and-the-most-comprehensive-list-of-rdnh-cases/

I think what will become more important than the actual cases are the parties that were found guilty and the firms they worked for and the companies they represented. I want to plaster those names all over the Internet with every opportunity I get. And should ANYONE be on that list more than once, they will be used alongside our poster boy!

Sure, it cost thousands to defend and I have lost thousands in lost revenue over the past few months. But that is the cost of doing business and I will get the money back by having this decision on record forever. THIS is my insurance policy for the next CLOWN! For the next would be HIJACKER. This is a vaccination shot that not only I can use but you can use. Don’t ever let it happen to you again when you have done nothing wrong and have not infringed on anyone’s mark whether existent or imagined.

I did not look for this fight. I did not want this fight. But when met with the reality and gravity of what was at stake for me, you and all, this HAD to be a fight to the death. The jugular. Without mercy. And not always in the best of taste. But that is how I do battle. That may not be your style and I respect that but that is MY style and it works for me. Results and everything else. Results that you can point to and promises I can keep. War ain’t pretty!! Rules go out the window when you are under assault. Our livelihood was under assault and the only option was victory and to be on record BEFORE hand so that I could carry out now.

I am not even sure if they understand the fallout to come that they caused. It could be torture. Not at my hands but at their own hands That is what gives me a license to do this. This is what gives me the credibility to carry out what I promised. My only mission is to spread the word about what happened. Ooops, not so good for these clowns. Each day that passes will get a little worse. The results for them and their antics will be known to all men.

But I still have what they want. I doubt their ego will ever allow them to reach out to me. They could still figure out a formula to rehabilitate their image. Maybe coming out and having a guest post here. A Mia Culpa if they choose. I guess we will really find out what they are made of now. I won’t hold my breath, but I do know how to turn a negative into a positive.

The reason I was so hard on these guys is because of the facts involved. Then when I learned that Marcio Chaves actually went to some WIPO Academy and classes that made it exponentially worse because he KNEW what he was doing. He KNEW he was abusing the system. He KNEW that this might be considered Reverse Domain Name Hijacking because he said so in his complaint. So this was no honest mistake made by somebody that over reached. This was a complete abuse of the system and he really should be sanctioned for it. But without that, WE have a responsibility to bring this up when necessary.

And for the next CLOWN, be prepared. I won’t fight in the way you expect. All I know is I will get the end result and all the bullshit in the middle does not count very much. There will be companies that go out of business after they try hijacking a domain they have NO rights to. This is quite different than a legitimate case where there are two sides and a judgment needs to be made. This is an attempted theft and worse. That is why the next guy is warned what is at stake. If they lose, they lose so big that their life will never be the same and there will be nothing they can do to fix that. If will affect more than them and their firms. The stigma will follow them forever. I warned beforehand what would happen and these guys did not heed the warning. Now it has unfolded EXACTLY as I said it would.

Do I feel bad? No way! They were going to change my life and so they were met with a force they never dreamed could be. When I focus on something, it is like a laser cutting through solid steel. The next clown pulling this is going to have it much worse than these guys. I am now armed with many wins and a CLEAR and UNANIMOUS RDNH decision.

Anyone have a graphic of a guy peeing on an electric fence?

The reason this decision was so important was because of the amount of levels and elements involved. Plus I raised the bar very high from the get go because of these things.

1. Can you establish “Bad Faith” from a domain registered in 1996 and a company born in 2010?


2. Can you establish trademark rights without even a trademark?


3. Is it “Bad Faith” when the other party contacts you FIRST to buy a domain name?


4. Is it “Bad Faith” when you blow the other party off as insignificant?


5. Had there been a loss here it would have been open season from all country codes trying to get their .com domain equivalent. It would have been devastating beyond anything we have ever seen because actors like Marcio could have used it in a wholesale manner around the world. Every .com would be in jeopardy.

I was happy to taste the thrill of victory because the agony of defeat would have been more devastating to me than I can even bear to think about. When you are all in emotionally, you are all in! I have taken their #1 weapon away and now we get to use it against them in the way they sought to use it against me.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

Welcome to SaveMe.com readers who are now coming to THIS blog post.

Bem-vindo aos leitores SaveMe.com que agora estão chegando a este blog.

Márcio Mello Chaves, aka Chaves aka Márcio Marcio Chaves foi considerado culpado de nome de domínio Apropriação indébita e má-fé por um painel de pessoa unânime 3 da Organização Mundial da Propriedade Intelectual (OMPI) em Genebra,

Tradução em português abaixo

I wrote this on May 2nd and have hoped I would be able to publish it in this form. I have to have 3 versions of this ready for when the decision comes down but I never was able to physically write the other 2. It would make me ill to even start. If you are reading THIS VERSION, we have reason to celebrate my friends as Marcio Mello Chaves, aka Marcio Chaves of buscape.com.br and saveme.com.br and brother Heitor have been labeled as REVERSE DOMAIN NAME HIJACKERS (RDNH)!! An attempted THEFT by an abuse of the system! Acted in 'Bad Faith.' GUILTY! If they did this in the real world, they would likely stand trial on criminal charges. That won't happen but most of us will agree that what they did was criminal whether acknowledged by the law at this time or not.

Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves has been found GUILTY of REVERSE DOMAIN NAME HIJACKING and BAD FAITH by a unanimous 3 person panel of the World Intellectual Property Organization (WIPO) in Geneva as he represented his brother Heitor Chaves and is now the OFFICIAL POSTER BOYS for Domain Hijacking and this type of attempted domain theft!! I do mean this literally. I will be having posters and banners made up with their images and ignite a worldwide campaign starting at T.R.A.F.F.I.C. Anyone looking these CLOWNS up will find out just what he and his brother Heitor attempted to do and got SPANKED! GUILTY! NEXT!!!!!

MARCIO CHAVES BROTHER HEITOR CHAVES OF BUSCAPE.COM.BR FOUND GUILTY OF REVERSE DOMAIN NAME HIJACKING. THEY WILL WEAR THESE LABELS FOR THE REST OF THEIR LIVES.

Feel free to display and distribute and point to this case when you are getting bullied. Don't take this SHIT from anybody EVER AGAIN! Big or small.

I believe not only is this a big win, but it is as clear and decisive a case of RDNH that has ever been decided. WE get to point to this episode for years to come as we have to deal with more and more predators trying to HIJACK our assets. This will not be the last we hear of this particular SaveMe.com case. This is a building block that will be used by me to protect other domains by creating case law.

I hope this case is used in other defenses and becomes a turning point in how folks approach this type situation. These folks are FRAUDS that tried a scheme that bent the spirit of the UDRP and it backfired on them in the short run and the long run. They have poisoned the well of negotiations and like they say in the old west, 'their money ain't no good around these parts.'

I think folks are beginning to understand that these decisons can affect the entire future of people and the days of terrible decisions will be less and less from this point on. I beleive there will be consequences for those that over reach on all sides. There is some definition that is now becoming visible. There will always be bad decisions, but there will be less of them and many will now go to Federal Court where standards are quite different and all eyes are watching.

You can consider this post and the one to come as 'spiking' the football in the end zone. I don't need to throw an elbow, I just need to shed light on this practice and use these CLOWNS as the vehicle to do it. HIJACKERS! So finds this world panel. Thieves in the social sense that got caught red handed for all their CUSTOMERS to see. In ink forever! NEVER to be trusted again!! That is their sentence! The Internet is about 'Character' and Reputation' and in this medium, they have destroyed both for themselves.

Today we celebrate a great victory. Tomorrow we start using the 2 x 4 with nails (metaphorically speaking) by spreading and circulating this story far and wide. I want to congratulate and thank my partner Howard Neu and all the other lawyers in the space that sent emails and offered their support. This was a huge victory and I can't put in words tonight what it really means. I only know what a loss would have meant and that would have been a very dark day for all. Howard's response was masterful, ballsy and we won BIG!

Since I met Howard in 1999 I told him of this case. I did not know which domain it would be, but I knew the case. I have prepared for years. I have written about it for years. It was only a matter of time and so it was. So these guys brought a knife to a nuclear fight and luckily it came late enough in the game in which panels are weighing things more evenly as so much is at stake!

D. Reverse Domain Name Hijacking

'In this case, the Panel is satisfied that the Complainant’s representatives were well aware of the importance of the chronological issue. The Complainant’s representatives are evidently familiar with the UDRP and both the Complaint and Amended Complaint make extensive reference to previous UDRP decisions. Yet the version of the Complaint originally filed simply ignored the issue of registration in bad faith, labelling the third factor as “Bad Faith In the Domain Name Use”. This must have involved deleting the reference to registration in bad faith from WIPO’s complaint template. After the Centre drew attention to this deficiency, the Complainant filed the Amended Complaint which belatedly addressed the issue of bad faith registration and, for the first time, invoked Octogen, seemingly as an afterthought.

Furthermore, the Complainant even predicted in the Amended Complaint that the Respondent would make an allegation of RDNH and so the Complainant clearly knew that it was skating on very thin ice.

The Complainant argued that RDNH cannot arise because the Complainant has merely sought cancellation of the disputed domain name, not transfer. The Panel disagrees. First, complainants should not be allowed to file cases known to be fatally flawed without the possibility of a finding of RDNH against them, by simply fine tuning the remedy sought. Second, as mentioned above, RDNH is defined as use of the Policy in bad faith “to attempt to deprive” a registrant of a domain name. If the Panel had ordered cancellation, the disputed domain name would in due course return to the domain pool where it would no doubt be subject to the attentions of the Complainant and others, with only a possibility that the Respondent itself might ultimately re-register it (assuming the Respondent sought to do so). Accordingly, the Complainant’s request for cancellation is no less an attempt to deprive the Respondent of the disputed domain name than a request for transfer would have been.

For the above reasons, the Panel finds that there has been RDNH in this case.

7. Decision

For all the foregoing reasons, the Complaint is denied and the Panel declares that it was brought in bad faith and constitutes an abuse of this proceeding.'

The entire decision can be read here.

As you all know I know ZIP about SEO. I contend it is about relevance.

Do a Google search of my friend and watch what happens in the days ahead as HIJACKER is added to the Prefix of his name just like Dr. would be used. The FIRST thing folks will find out about this CLOWN is that World Intellectual Property Organization labled him a HIJACKER of domain names and all the scrubbing in the world won't make it go away:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

As promised on the day this all started:

'Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!'

And how does his Law Firm, Almeida Advogados, Brazil, continue to employ him after this? Shouldn't there at least be some admission of wrong doing?? An apology? An offer to pay my expenses? I won't hold my breath but we will see if they actually condone and encourage REVERSE DOMAIN NAME HIJACKING by their actions. Courage or Coward? Almeida Advogados, Brazil you too have responsibilty and you too will pay dearly if you remain silent. Speak out now or NEVER!

Lastly, I want to thank the panel for a well thought out decision and for not being hoodwinked by the antics of the Chaves Brothers. It took time, courage and a willingness to look at the facts to make that comprehensive decision!

In this area I will be linking to other cases of Reverse Domain Name Hijacking as WE find them:

SaveMe.com

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment against GOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse 45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com Trailblazer Learning, Inc. represented by Brett W, Caledonia, Michigan is a Reverse Domain Name Hijacker

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a 'Reverse Domain Name Hijacker'.

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a 'Reverse Domain Name Hijacker'.

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 20 WallStreet.com The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that the City of Paris, France was guilty of 'Reverse Domain Name Hijacking' in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a 'Reverse Domain Name Hijacker'.

All of these companies will be 'Recognized' at T.R.A.F.F.I.C. They are going to rue the day they decided to engage in hijacking. 1000x worse than being called a cybersquatter. The tables have been turned. Deal with it!

Buscape.com.br SaveMe.com.br (2012-2013) Poster Company for RDNH) represented by Marcio Chaves of Almeida Advogados, Brazil

Congrats Guys! You have all been tagged as HIJACKERS!! You will never rid yourselves of this title and it will follow these companies, people around for a very long time. This is the beginning of the end for this disgusting practice you PRICKS. Explin to your associates, clients, family memebers and neighbors. Blame YOURSELVES not ME!

And let's not forget the Goofoff.com case and these CLOWNS! and what they tied to pull.

Here are all related posts I have made on these DOMAIN NAME HIJACKERS. The first step in the next phase is to assemble EVERY case of RDNH and list them HERE!!

Post #1

Post #2

Post #3

Post #4

Post #5

Post #6

The reason this was such an important landmark win is because of the clarity of the facts. Had this decision gone the other way, we all know the very foundation of legitimate rights to domain names would have been threatened. The domain aftermarket would have been under a cloud. The entire capitalistic basis and foundation that every single domain owner has would have been in jeopardy and ripe for the predators. Now they have been warned of what will happen when you engage in this activity. It will have consequences you, your family, your colleagues will have to explain and deal with forever.

Have a GREAT Day!

Rick Schwartz

Translation:

Márcio Mello Chaves, Rotulado um seqüestrador NOME DE DOMÍNIO REVERSE no processo Saveme.com!

Sinta-se livre para exibir e distribuir e apontar para este caso quando você está sendo intimidado. Não tome essa merda de ninguém nunca mais! Grande ou pequeno.

Acredito que não só isto é uma grande vitória, mas é tão clara e decisiva de um caso de RDNH que já foi decidido. Nós começamos a apontar para este episódio para os próximos anos temos como lidar com predadores mais e mais tentar seqüestrar nossos ativos. Esta não será a última vez que ouvimos deste caso SaveMe.com particular. Este é um bloco de construção que será usada pelo me para proteger outros domínios, criando jurisprudência.

Espero que este caso é usado em outras defesas e se torna um ponto de viragem na forma como os povos abordar este tipo de situação. Essas pessoas são fraudes que tentaram um esquema que dobrado o espírito da UDRP e saiu pela culatra-los no curto e no longo prazo.Eles envenenaram o poço de negociações e, como se diz no velho oeste, 'o dinheiro não é bom por estas bandas.'

Eu acho que as pessoas estão começando a entender que estas decisons pode afetar todo o futuro das pessoas e os dias de decisões terríveis será cada vez menos a partir deste ponto.Eu acredito que haverá consequências para aqueles que ao longo alcance em todos os lados.Existe alguma definição que está agora a tornar-se visível. Sempre haverá decisões erradas, mas haverá menos delas e muitos agora vão para Tribunal Federal onde os padrões são bastante diferentes e todos os olhos estão vendo.

Você pode considerar este post e o único a vir como 'picos' de futebol na zona final. Eu não preciso jogar um cotovelo, eu só preciso lançar luz sobre essa prática e usar esses palhaços como o veículo para fazê-lo. Seqüestradores! Assim, encontra este painel mundo. Ladrões no sentido social que foi pego em flagrante para todos os seus clientes para ver. Em tinta para sempre! NUNCA se deve confiar de novo! Essa é a sua frase! A Internet é sobre 'Character' e Reputação 'e neste meio, eles destruíram tanto para si mesmos.

Hoje nós celebramos uma grande vitória. Amanhã vamos começar a usar o x 2 4 com pregos (metaforicamente falando) pela divulgação e circulação dessa história longe. Quero parabenizar e agradecer a meu parceiro Howard Neu e todos os outros advogados no espaço que enviaram e-mails e ofereceu seu apoio. Esta foi uma vitória enorme e eu não consigo colocar em palavras esta noite o que realmente significa. Eu só sei o que é uma perda teria significado e que teria sido um dia muito sombrio para todos. resposta de Howard foi magistral, corajoso e ganhamos BIG!

Desde que eu conheci Howard, em 1999, eu disse a ele deste caso. Eu não sabia qual o domínio seria, mas eu sabia do caso. Eu preparei por muitos anos. Já escrevi sobre isso há anos. Era só uma questão de tempo e assim foi. Então, esses caras trouxe uma faca para uma briga nuclear e felizmente ele chegou tarde o suficiente no jogo em que os painéis estão pesando as coisas de forma mais uniforme como muito está em jogo!

D. Domain Name Apropriação indébita

'Neste caso, o Painel está convencido de que representantes do queixoso estavam bem conscientes da importância da questão cronológica. Representantes do queixoso são, evidentemente, familiarizado com o UDRP e tanto a denúncia como Alterado Reclamação fazer referência extensiva às decisões UDRP anteriores. No entanto, o versão da Reclamação depositado originalmente simplesmente ignoraram a questão do registo de má-fé, marcando o terceiro fator como 'má-fé no uso de nomes de domínio'. Este deve ter envolvido a supressão da referência ao registo de má-fé a partir do modelo da OMPI queixa. Após o Centro chamou a atenção para essa deficiência, o Reclamante apresentou uma queixa alterada tardiamente que abordou a questão do registo de má fé e, pela primeira vez, invocou Octogen, aparentemente como uma reflexão tardia.

Além disso, o Reclamante, mesmo previsto na Reclamação Alterado que o Reclamado faria uma alegação de RDNH e assim o Reclamante claramente sabia que estava patinando no gelo muito fino.

O queixoso alegou que RDNH não pode surgir porque o Reclamante não tem cancelamento só procurou o nome de domínio disputado, não de transferência. O Painel discorda. Primeiro, os reclamantes não devem ser autorizados a apresentar casos conhecidos de ser fatalmente falho sem a possibilidade de um achado de RDNH contra eles, por meio do ajuste fino simplesmente o remédio procurado. Em segundo lugar, como mencionado acima, RDNH é definida como o uso da política de má-fé 'para tentar privar' O titular do nome de domínio.Se o Painel tinha ordenado o cancelamento, o nome de domínio disputado faria em troca devido ao pool de domínio onde ele iria, sem dúvida, sujeitas às atenções do Reclamante e outros, com apenas uma possibilidade que o Reclamado se pode finalmente voltar a registrá-lo (assumindo que o Reclamado procurou fazê-lo). Assim, o pedido do Reclamante para o cancelamento não é menos uma tentativa de privar o Reclamado do nome de domínio disputado do que um pedido de transferência teria sido.

Pelas razões acima expostas, o Painel concluir que houve RDNH neste caso.

7. Decisão

Por todas as razões expostas, a Reclamação é negado eo Painel declara que ele foi trazido de má-fé e constitui um abuso do presente processo. '

A decisão inteiro pode ser lido aqui.

Como todos sabem eu sei ZIP sobre SEO. Eu afirmo que é sobre a relevância.

Faça uma busca no Google do meu amigo e veja o que acontece nos próximos dias como Hijacker é adicionado ao prefixo de seu nome apenas como Dr. seriam utilizados. A PRIMEIRA coisa gente vai descobrir mais sobre este palhaço é que Organização Mundial da Propriedade Intelectual rotulado ele um seqüestrador de nomes de domínio e toda a lavagem do mundo não vai fazer isso ir embora:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

Como prometido no dia tudo isso começou:

'Márcio Mello Chaves, Heitor Chaves e SaveMe.com.br ..... Vocês vão ser os garotos-propaganda que acaba protegendo cada ponto titular do domínio com no mundo dos predadores e delinquentes como você. SCUM! Márcio Mello Chaves , você e seu irmão só fez xixi em cima do muro de alta tensão! mim. Mas você e que a empresa de terceira categoria que representam não podem pagar meu nome de domínio. Dotcom é REI! eu possuí SaveMe.com há 16 anos e você não vai roubá-la de mim nem de ninguém. Você e SaveMe.com.br estão apenas sendo exposto como os predadores que são. Talvez essas táticas trabalhar para você às vezes não, aqui. Nem nunca mais. Vamos ver o que seus próprios clientes têm a dizer quando isso vai viral. Você abriu esta lata de vermes. negócio com ele! Aqui é a sua página Linkedin por isso, se você receber um e-mail dele, corra! '

E como é que seu escritório de advocacia, Almeida Advogados, Brazil, continuar a empregá-lo depois disso? Não deveria ser pelo menos alguns admissão de fazer errado? Um pedido de desculpas? Uma oferta para pagar minhas despesas? Eu não vou segurar minha respiração, mas vamos ver se eles realmente perdoar e incentivar NOME DE DOMÍNIO Apropriação indébita por suas ações. Coragem ou covarde? Almeida Advogados, Brazil você também tem responsibilty e você também vai pagar caro se você permanecer em silêncio. Fale agora ou nunca!

Por último, quero agradecer o painel para uma decisão bem pensada e para não ser enganado pelas palhaçadas dos Irmãos Chaves. Foi preciso coragem, tempo e disposição para olhar para os fatos para tomar essa decisão abrangente!

Nesta área eu vou estar ligando para outros casos de Nome de Domínio Apropriação indébita de como vamos encontrá-los:

Caso # 1 é o nosso amigo Scott Dia da Digimedia que ganhou um R $ 100 + julgamento contra GOFORIT Entertainment, LLC, que é um Hijacker NOME REVERSE DOMAIN.

Caso # 2 Rain.com Chuva Media LLC envolvidos no Domínio Apropriação indébita

Caso # 3 CinemaCity.com Prime Pictures um Hijacker Nome de Domínio Reverso

Caso # 4 CollectiveMedia.com Coletivo Media Inc. é um Hijacker Nome de Domínio Reverso

Caso # 5 Elk.com ELK Acessórios Pty Ltd. de Preston, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 6 ForSale.ca Globo Media International Corporation é uma Hijacker Nome de Domínio Reverso

Caso # 7 Kiwi Mess.com sapatos Empresa polaca é um Hijacker Nome de Domínio Reverso

Caso # 8 Goldline.com Goldline International, Inc é um Hijacker Nome de Domínio Reverso

Caso # 9 K2R.com K2R (removedor de manchas) é um Hijacker Nome de Domínio Reverso

Caso # 10 CarSales.com Limitada carsales.com.au de Burwood, Victoria, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 11 Proto.com Proto Software, Inc., New York, New York, Estados Unidos da América, representada por Byron Binkley é um Hijacker Nome de Domínio Reverso

Caso # 12 TrailBlazer.com Trailblazer Learning, Inc. representado por Brett K, Caledonia, Michigan é um Hijacker Nome de Domínio Reverso

Caso # 13 DreamGirls.com Dreamgirls, Inc., Tampa, Florida, representada por Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, de Los Angeles

Caso # 14 Mexico.com Consejo de Promoción Turística de México, SA representada por Bello, Guzmán, Morales Y Tsuru é um Hijacker Nome de Domínio Reverso

Caso # 15 Windsor.com Windsor Fashions, Inc., Los Angeles, Califórnia, representada por Abraham M. Rudy, esq. e Julie Waldman, esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills,

Todas essas empresas será 'reconhecido' no tráfego que vão lamentar o dia em que decidiu se engajar em seqüestro. 1000x pior do que ser chamado de cybersquatter. As tabelas foram transformadas. Lidar com isso!

Buscape.com.br SaveMe.com.br (2012-2013) da Empresa Cartaz para RDNH) representado por Marcio Chaves de Almeida Advogados, Brazil

Rapazes Congrats! Você têm sido marcados como Hijackers! Você nunca irá livrar-se deste título e ele seguirá essas empresas, pessoas ao redor por um tempo muito longo. Este é o começo do fim para esta prática repugnante você aguilhões. Explin aos seus associados, clientes, memebers familiares e vizinhos. A culpa não vos ME!

E não vamos esquecer o caso Goofoff.com e estes palhaços! e que eles amarraram a puxar.

Aqui estão todos os posts relacionados que eu fiz sobre esses seqüestradores Nomes de Domínio. O primeiro passo para a próxima fase é reunir todos os casos de RDNH e listá-los aqui!

Mensagem # 1

Mensagem # 2

Mensagem # 3

Mensagem # 4

Mensagem # 5

Mensagem # 6

A razão que esta foi uma vitória como marco importante é por causa da clareza dos fatos. Se esta decisão foi o contrário, todos nós sabemos o fundamento dos direitos legítimos de nomes de domínio teria sido ameaçada. O pós-venda de domínio teria sido sob uma nuvem.Toda a base capitalista e fundação que cada proprietário tem domínio único teria sido em perigo e maduro para os predadores. Agora eles foram avisados ​​do que vai acontecer quando você se envolver nessa atividade. Terá conseqüências você, sua família, seus colegas terão de explicar e lidar com sempre.

Tenha um GRANDE dia!

Rick Schwartz

Evening Folks!!

Quite a day it has been in domain land. No matter where you come down on things, it has been interesting.

The most surprising to me was the one company I had my eyes on. I knew they would grab one, but I was not sure about the others. When I saw that they did not apply for .Mac, Apple did what was expected and got .Apple.

No confusion there! Simple! Reinforcing. Clear.

I was surprised that so much crap was revealed. Some looked more like domain names than extensions.

3 parties are going after .Property and one for .Properties. So I have nothing to complain about. There will be dividends to the .com and money to be made as this unfolds. Just not in the way domainers make money.

I had a supplier in the 1980's that taught me about making money from the 'Hole in the Donut.' How you sell something you got for free for a lot of money and make infinite profit because your cost basis was $0.

So there will be money to be made, just not in the traditional way we think of in terms of domain investing. There will be a lot of entities hiring new people. Experienced people. But nothing will happen overnight. 2013, 2014, 2015.

Can you imagine the intensity of the marketing when hundreds are out there all pointing out the benefits of their extension? Some we have heard before and some may be new. It will be a WAR! The brands will all be fine and useful. I have no doubt there. But the experiment will be consumer adaptation or it could become an internal platform for a company.

As for the generic gTLD's again, the consumer will decide. When was the USA scheduled to go on the metric system??

This is not all black and it is not all white. But as always, time will tell. First we are going to see some of the highest stake poker games the public has EVER seen before. Amazon vs Google for one. This is a heavyweight match and there will be a number of them unfolding. One thing for sure, it won't be boring.

Rick Schwartz

Afternoon Folks!!

It is bareley noon and we already have a record amount of Domain Industry Blog Posts. As of this writing this is how they stack up:

DomainNameWire.com 15 Posts 16 Posts 17 Posts

TheDomains.com 13 Posts 14 Posts 15 Posts 17 Posts

DomainNameNews.com 11 Posts 12 Posts 13 Posts 14 Posts 15 Posts 16 Posts 18 Posts 19 Posts 20 Posts 21 Posts

DomainGang.com 7 Posts 8 Posts 9 Posts 10 Posts 11Posts 12 Posts

Check back as we update the numbers. This is just TOO FUNNY!!

But they did do a good job assembling the info and getting it out quick!

Rick Schwartz

PS: Don't miss the 'Reality Check' we are doing today.

Morning Folks!!

While all the bloggers are tripping all over themselves this morning posting the new gTLD's, let's deal with REALITY. The lessons already learned.

We all know that NNN.COM are always in demand and prices can go to 6 figures or more. Most sell for between $25,000-$50,000. But what is the value of the .CO equilalent? I don't know, let's find out.

This is something I have not done before but I always deal with reality. So I want to sell the following NNN.co domains. I would prefer to sell the entire lot to one entity.

Let the bidding begin! (Maybe)

Morning Folks!!

One of my favorite lines I use when people press me for answers I don’t know is “It will reveal itself.” Which to means be patient and as things unfold, the answers will reveal themselves. So today we have the “Big Reveal”.

I want to wish all applicants good luck in their journey of new gTLD’s. When I speak out I speak out through the eyes of an end user and as a domain name investor. I have dabbled in many extensions other than .com and I guess that is why I am so opinionated. When you have excess dollars you are always looking where you can put those dollars and maybe hit big. It is not often there is even that type of opportunity even in a world full of opportunity.

High stakes poker is what we are about to see. Some in it only for the game itself. They may be the smartest ones. In and out before it begins. But then again many will really want their new gTLD and may not have enough money to secure it. That is where we as domainers may have an opportunity to fund one of those.

I have heard dozens and dozens of new extensions. But none have really lit my fire yet. I define exciting as need, want and desire from an end user and right now I don’t see that demand. So it has to be created. That may or may not happen and we are going to have a lot of barkers out there. It is going to be a carnival. T.R.A.F.F.I.C. won't have enough booths for all of them! (But we will expand to accomodate)

My position is clear. But as I do each day when new info comes in, I reconsider and see if anything changes. Today will be interesting as we go through the lists to see if any or how many may meet the threshold of interest. I am hoping that something changes my mind.

I will pay more attention to domainer plays than those of others because I think domainers have a leg up into what might work. The 1 in 1000 that changes everything. Is it out there? I DON’T KNOW. I don’t think so. Based on history probably not, but we will see and an open mind is key to any success in business.

I think the race will soon be on and elbows will be flying. Is this the NBA? Could it get nasty? Intense? It may. Stay tuned. In the next 1-2 years we are going to see a barrage of advertising and positioning and collapse. We are about to witness a free for all the likes of which we have never seen before and it won’t be up to domainers if these new extensions can find a big enough audience to be effective and meaningful and will it take years or decades to accomplish.

All the new extensions just prop up .com to an even more powerful position in the world. Expansion never hurt Times Square! Sometimes standing on the sidelines at the start of something is a good strategy. May 18^th for example. Facebook.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

In the days ahead the new .whatevers will be revealed. Many of you will have domains that are instantly worth millions more than they are today. Millions. Now that does not mean they will recognize that fact. But water runs downhill no matter what some might believe or want to believe.

So a Huge Pizza Place opens on 59 Atlantic STREET. But you own a tiny hole in the wall pizza place at 59 Atlantic AVENUE. He advertises, you grow. He advertises more, you grow more. He gets pissed, you laugh your ass off. He gets more pissed, you laugh harder and harder and make more and more. You laugh because you know you never did anything wrong and while the other guy is pissed and it is directed at you, he should be pissed at his own actions. Not you, who did nothing and was just the beneficiary of life. You got lucky! You were then smart enough to capitalize on it. That's what you do in a capitalistic system.

You expand your business because you are doing so well and the other guy is barely surviving. The last thing you want to do is see that guy go out of business. On the other hand, if he does go out of business, he has built an incredible business for you. Maybe you will even take over his location because he never understood that he may have been able to buy your little hole in the wall before he built his place and avoided all this. Maybe it never crossed his mind. Maybe he did not know. Maybe this or maybe that. But if he could rewind, maybe that would have been the best decision. Maybe that would have made a difference and a different outcome. Maybe?? BULLSHIT! As I have stated over and over and over again, success or failure comes at the very start of any journey. Here is a perfect illustration of a guy sailing from New York to London and ending up in Africa then blaming some third party not even on the ship or connected in any way, shape or form.

Gotta love what is to come. Many are going to get angry when they discover how it really works. Whether online or in the real world. If you want to have a really good chance of success in the real world, build a hamburger stand next to the steak house. You'll do just fine.

But this is nothing new as I showed above and how about 800 numbers and 855 numbers. 800 is the .com equivalent. This is not the most vivid comparison. But if one guy is 800-OIL-CANS and the other guy is 855-OIL-CANS, the 855 guy is going to lose a percentage of traffic not only to the 800 number but in this case, his competitor.

.whatever without the dotcom will make some folks instantly rich. It truly is a lottery. Not one any of us knew would be this big or uncontrolled. But the sanctioned 'Clusterf*ck' is coming. .Property increases the value of Property.com. Period! How much? Well that depends on may factors. First whether the .Property will even become a viable extension. Of the 2000 +/- extensions coming online, I don't see more than a handful enjoying much success and I predict rapid and massive consolidation as some of these folks collapse under their own overheads.

Now let me be clear, there is always money to be made with things that don’t work. There will be a market and an aftermarket. The argument is the size and importance of that market. The viability and the longevity. The profitability and all the rest.

You can be certain that the majority of extensions will fail. That does not mean those that survive will be meaningful. I would be thrilled beyond belief to even see a potential candidate to rival .com. Possibly .web or some other generic extension that makes sense and has something to offer. But that is a tall task and you would have to have one hell of a marketing plan to pull it off. That said, you can never predict what the consumer will REJECT! I mean without some compelling original content, most folks will quickly realize that the .whatever is just another backdoor to .com and it will be over before it starts.

I know several folks we all know are going after hundreds of extensions. I don't wish any of them ill and I hope they prove me wrong. If I can identify any that I think could work or have a reason to work or a plan to work I will speak out in support. But when I have facts that say 61% leakage, I will point to that as well. To me it is a poison pill to those that don't know better. But hey, that's business. People have the freedom to make mistakes.

I always look to the history of radio, TV, AM, FM, Stereo, Telephone, Cell Phone etc. There will always be parallels.

Here is a post I made on Thanksgiving Day of 2000. An ancient post in domain years. This would be BD. Before Domaining. See if that compass lines up today. See if I could have written that post this morning. But it was clear to my eyes 12 years ago and before then. I always knew there would be great expansion. But what does it mean? That is the question and my answer then is the same as it is today.

“For those that think there are no more GOOD .coms......then the chances are you couldn't get laid in a whorehouse. :-) Just means you are not creative enough or have given up too early. :-(

For ANY other .whatever, the ONLY thing that will make it prominent is heavy advertising by MANY different companies. So far TRILLIONS have been spent on .com. Let us project .com spending for 2001. TRILLIONS!!! .net......maybe a few million, .org..............maybe $50 million On the others, your guess is as good as mine but I don't see MILLIONS. Even down the road.....they will ALWAYS want their .com version of whatever they end up with.

The more extensions that come out, the more valuable .com will be.

Look at it this way. porno.com does well. Let's say porno.tv comes along. If he spends millions on advertising........don't I benefit as the .com owner? And if he becomes big enough he may WANT if not NEED the .com version. However the reverse is not true because the value of the .tv has a much lower value than the .com. And for VERY good reason imho.

Oh well.....enough spewing for today. lol

Have a happy and safe holiday for us Pilgrims!!

Rick Schwartz

Thu Nov 23 09:53:48 2000 - 172.168.217.164 - message #7503

Folks, I see this as a straight line with detours that some take. Detours with cliffs. Detours without the .com foundation and highway to insure and protect them. The first decision is always the biggest and not having the .com of anything is a costly mistake that is a lifetime bill. So I will look at .whatever success as those limited to owners of the .com. That would make it useful for brands. I am sure .Apple will be picked up by Apple. When and if they use it or not is another story. But that has nothing to do with domainers. Apple won't be selling domains and domainers won't be investing in them. None of the brands will. So take that group right off the table.

The geo .whatevers may have the best chance. But even they might be limited to the worlds top destinations and none will be immune from traffic leakage. NONE! The only question becomes does it leak back into your business by owning the .com and being able to reclaim that traffic or does it leak to your #1 competitor as I have described above? Those that won't even address that, won't even talk about that, won't even consider that are doomed because almost all success or failure happens RIGHT NOW! The first steps. When everyone is in a rush to make decisions without considering all ramifications and that is where they crash. Then 'I' can come along and point out how one bad call brought the whole project down before it was even launched and much time, dollars and months or years of energy and life were wasted.

Have a GREAT Day!

Rick Schwartz