Evening folks!!
I have gone through many domain names and domainers have been very nice to me even when I did not select their domains. That was until tonight when a true blooded MORON emailed me.
I took the TIME to look over his domains and even explained why I could not take them. He decided he wanted to fight. So a fight he gets.
Maybe others will have a better chance of reaching this KNOW-NOTHING because he loves to accuse me of not being fair and catering to a select group of individuals when selecting domain names for the auction because I did not choose his pigeon shit.
He even used another domainers name as a reference and then crapped all over her as well. He doesn't seem to care at all. That's what makes him a moron. But then he is really worse than a moron as you will see.
The so-called 'Domainer' is a Trademark infringer with an attitude from the looks of it and as far as I can see. What do you see? I have his expressed permission to post his emails and in time that will happen. But since this is my rodeo, we'll do it the way I want and a time of my choosing.
Some feedback might be helpful for this guy who thinks he can get away with infringing on the marks below.
Here are some of his accusations and why I am even writing this. As you all know I have been about as transparent about my involvement picking each and every domain based on only a couple things. Like does the domain have value and will domainers buy them because they see an upside? But when I simply answered his email with 'Sorry, I have to be very selective at this point' I got this barrage in return:
'Yup I’m always looking for a fight…. But I can’t believe that none of these domains are of interest. I viewed many of the domains on your site and many of the ones in this list are ten times better. This is a slanted game.'
'I know your response before you said it. You didn’t even look at the list.'
So I asked him 'Tell me how I picked out your TRADEMARK INFRINGEMENTS if I did not go through the list?' Which completely debunked his accusations as I listed the list below beforehand.
And the ONLY reason I did not publish his entire portfolio of pure pigeon shit was not to advertise them for him. The ones below I know for a fact that no professional domainer would touch with a 10ft pole and are worthless besides that. You are looking at a bottom fisher in all his glory. Want to buy some perishable 2008 domains? He has some to sell ya!
I am sure there are a lot of these guys out there and when we turn our heads the other way, we too are guilty! We are NOT CYBERSQUATTERS and we have a DUTY to speak out to that loudly and firmly so there is no mistake about it. Folks that engage in this practice are NOT in the domain industry. It's like a bank robber believing he is in the banking industry. The bankers need to draw the line and close the door as well as the law. Just like we do! ALL should speak out to THIS subject! Not just me! This hurts us all. Costs us all. Long term damage from quick buck artists that have no sense from right and wrong.
ARTGOOGLE.NET
GROUPONCOUPONS.NET
GROUPONDC.NET
IPHONEEBAY.COM
ORANGEIPHONE4.COM
TETHERINGIPHONE4.COM
VODAFONEIPHONE4.COM
Rick Schwartz
Rich
LOL
Tony
That list could cost that guy bookoo amount of $$$
Not too bright a bulb there. lol
Roger S
Thats it Rick, this is what you call a comeback. You must be shrooming
Roger S
Its funny cause I sell alot of these kinds of sites.
Roger S
Hey Rick ,
Thanks for promoting my Domains
BillW
I see 7 domains that all spell TROUBLE.
Namely WIPO action for trademark infringment, not to mention potential LAWSUITS. Google just went after dozens of these type names and their owners just last week.
This type of registrations are exactly what gives”Domainers” a bad name. Where are your ethics when you try to make money off of other companies successful trademarks and brands!
Roger S
Here is whats really funny about your blog
http://siteanalytics.compete.com/ricksblog.com/
Rick Schwartz
Roger from a company that infringes on others marks and uses a .co as a business addy. LOL!
And proud of it.
So if Roger is your”friend”….think TWICE!
He is what gives OUR industry a bad name and the condemnation should be FAR and WIDE!!
Adult operators never let folks get away with infringement. They put suckers like that OUT OF BUSINESS!
This industry needs to catch up!
Roger S
When I was in college. I had a roommate that was a total eradict insulting person. He had the poster of Poverty Sucks over his bed and he treated people exactly like that. Congrats Rick
Rick Schwartz
So you are PROUD of being a Trademark infringer?
Let’s see how proud you are at $100,000 a pop when these companies get informed.
Let’s see how your insults play in public.
Roger S
Just because I own a few domains doesn’t make me an infringer and the fact that I am able to sell these domains means not everyone agrees with you.
Roger S
I would love if I got any attention based on those domains. Seriously, you don’t know what you are talking about. If they sell then I sell them. If I got any kind of injunction legally then I wouldn’t be able to sell these domains. I do may own marketing and do not need the domain industry to sell my domains. I understand what a list is. Obviously these other people need to go thru other intermediaries to sell their domains but I do it myself and seems I’m more successful then you ppl are because i am able to sell so called infringed domains
BillW
But the people YOU sell these TM domains to are at risk. BIG RISK!
It’s not maybe, but WHEN they will get busted. You are living on borrowed time until they catch up with you and any profits you/they have made they may have to be paid back.
You should be ashamed of yourself to be making money off of other companies intellectual property, trademarks, brands and their success. It doesn’t get much lower than that in this business, except maybe to be proud that you are profiting from it.
Be assured it’s game over when they lawyers come a calling…and they will.
Rick Schwartz
Bill, we are going to make sure he gets those calls.
Sooner rather than later.
Anunt
Roger is like just millions of other average Joe’s…
He doesn’t understand domaining laws…just like millions of other people.
He does not know what trademark infringement means…
You have to explain to people like Roger by giving examples…
For example: Roger, you can NOT open up a restaurant and call it Pizza Hut or Papa Johns or McDonalds and quickly sell it without getting permission from the owners.
That’s just like domains…you can not use the word”iPhone” without getting permission.
Millions of people need explanations…
But still…you can not use this as an excuse when you get in trouble…they will make you pay great fines even if you don’t know the rules of the game.
Roger, if I were you…I would apologize and listen to these people on here and delete ALL those domains from your account before you end up losing your house.
Good Luck.
Alexander, Mr. Autopilot
We absolutely do not want someone like that in our profession and industry!
Ron
Roger you have -$700K worth of names there, they will take your house, your cars, everything to your name.
You are insane, and need to exit the domain business immediately, the names you have mentioned have laws protecting the legal right holders to those names, and they have the funds to prosecute you. None of them will be extorted into buying your crap, everyone here agrees, take a hint.
ShuwiX
More trademarks in one domain, from more companies that will rip your ass …….. great domains. :D
One can buy those domains or commit suicide, equal options.
Furkat
If these domain names were registered prior TM registrations and have decent traffic. He is fine. No legal or commercial issues.
Joao
Roger, you have no excuse in 2012 for having those domains. If it was a generic word that someone was able to trademark (because that happens…kinda like apple), that would be fine. But today you have Ricks blog, DNF, NamePros, Owens´blog, Elliots blog, Frank Schillings Blog and so many others…trust me, nobody will think you’re stupid if you take a step back and leave those domains alone. Just find a proper one because this kind of attention isn´t good at all.
Roger that? Over…
Rick Schwartz
Furkat,
I think there was iphone 6 months ago.
Registered through: Domain Cheapsters.com
Domain Name: ORANGEIPHONE4.COM
Created on: 13-Mar-12
Expires on: 13-Mar-13
Last Updated on: 02-Sep-12
Registrant:
Wall Decor Prints
10300 little patuxent parkway
columbia, Maryland 21044
United States
JamesD
Roger, have you ever heard the saying ‘you can’t tell an idiot he’s an idiot’?
And who are you trying to kid? You’re not making the rent selling names like that.
Rick Schwartz
ok so Roger is now on Linkedin. Me thinks this may be the worst day of his life.
If you are a linkedin member, join Domain Brokers Group and follow the dance with our new pal.
We Don't Need No Stinkin' Badges
Roger….even if you sell those domains to a new registrant, a lawyer can use the Whois history to find out the chain of owners and take every one in the historical line to court and get judgments.
Roger S
Opinions are like BUTTHOLES.
Everybody has one.
Roger S
Informational/Review Sites can not be touched.
So for instance , I own several iphone TM domains.
If its an informational site not selling products but offering advice and opinions, just like in a freaking blog, then no issue. You ppl are supposed to be knowledgable , supposed to be smart but its just a slam fest here with a bunch of know it alls who’s never even stepped in a TM infridgement court case. All of your info is from the internet and the domain name industry is completely unregulated and full of loop holes. I’d love it if Apple came after me , I’d show up in court. Wouldn’t even pay a lawyer. And if i lost it(and I would), I’d just go and register another. Wouldn’t even consider taking a payout and they have to show that I infringed on their copyright. I’m not selling iphones , I just have a site that compares them. You people don’t know crap about what you are talking about. I do this everyday. Please tell on me and get me national attention. Make my domains even more valuable. I welcome more attention for my domains. The best publicity around. Even negative attention is marketable. Oh but you ppl don’t do marketing. You sell domains to each other in an unregulated market and you think you can tell me how it is and I sell domains quite often, even after only doing this for my short time, I see a way to circumvent you snake oil salesmen. I don’t need the domain name market.
OMG Rick, you can do a Whois. Congratulations. You can type!!!@
If you’ve had a domain taken, if you’ve been sued, for TM violations.
Show me.
Rick Schwartz
Rope, shovel, enjoy.
Roger S
Where are the responses Rick. Are these ppl in your crew. I left the domain groups on linkedin because I see that you people know shit about the law. Also you’ve helped convince me that I’m a much better off marketing domains on my own the way i’ve always been doing it. Your opinions are not the law and a small group of ppl that call themselves domainers are not the only ones selling domains. LOL. You ppl are the top notch in this industry? Wow
Rick is so easy to curse ppl , he needs medical help.
Not being in control of your emotions will easily make you enemies and it seems after reading this blog that Rick carries enemies around in his pocket like so much change. That shit will catch up with you Rick. You obviously are hurting and angry. Its funny cause it seems like you sell alot of domains. So you have all this money and all this success and a nobody like me can make you come completely unglued. I read your blog and you are constantly insulting people. You have no respect and I see that because in using compete.com to check out this blog , its been a steady decline. You are a pompous ass that is going around insulting people because they don’t agree with you. Good luck behaving this way. Karma catches up with people. I’m happy you are successful , now. Relish in it because based on your behavior here, it won’t last.
We Don't Need No Stinkin' Badges
Quote: …..they have to show that I infringed on their copyright. I’m not selling iphones , I just have a site that compares them. You people don’t know crap about what you are talking about. I do this everyday.
I love this case!!!! This is the dumbest guy you have ever found, Rick.
“infringed on a copyright”. He’s talking copyrights now…LOL. That shows just how far-removed and clueless he is from reality.
“I do this everyday.” There are crooks that get away with stealing for years before they get caught. Congrat’s on your long run. I see it ending very soon with someone feeling rather stupid and having to explain to his family why he does not have money anymore and everything he earns is garnished.
Roger…do you really think we have been doing this for almost 20 years and are clueless? I guess so.
Why do you think we are making a big deal of it? Because we have nothing to do? Bored? Ignorant? Just step back and think about all this for a minute and if you still don’t think that *maybe* you are wrong, well then the common sense gene skipped over you.
Roger S
You supposed to be a millionaire domain seller but has time to talk shit to me a so called wannabe.
If i had $40million , I’d chilling in Costa Rica having a drink, not spewing excrement to anyone who would listen
None of you have ever been in a court room where an actual TM case went on. All of your info is from the internet.
Scuttlebutt
Roger S
Simply owning a product cannot make you guilty of TM infringement. I don’t care how long you’ve been in this business. If you haven’t been in an court room , then you don’t know what you are talking about. Reading articles and information on the internet and being a domain name seller doesn’t make you a legal expert.
Show of hands if you’ve prosecuted a domain name case. Oh you aren’t lawyers sry.
Show of hands if you’ve even been in a court room to witness a TM case… NO????
Show of hands if you know someone thats been in a courtroom during a TM case… No ?
Show of hands if you got your info from the internet……ding ding ding
I’ve heard tons of people trying to predict what happens in a court room. I welcome this and all of those that have responded…Research requires alot more than following a link.
Ron
Roger calm it down, listen to the people here, they have been in the industry since day 1, a long time ago, once upon a time.
You may not get caught today, maybe not next month, but when they do grab you by the ears, they will bring you to your knees, it is going to happen, rather than pay you, they simply file a udrp, and ask for damaged of $100k, since you are now indexed in google as trying to profit from legal trademarks of another company, you are a black sheep. They would rather make an example out of you, than pay you a dime.
We Don't Need No Stinkin' Badges
Well, Roger, you win. You showed us the how shallow we are.
No, we have not been in court, UDRPs, many domain fights, etc.. in 17 years Online. You are right, nothing ever happened to any of us in all those years and none of it was ever recorded in the courts, the NAF, WIPO, DNJournal.com, DomainNameWire.com, TheDomains.com, etc… It simply just never happened. Nobody ever confronted us one time in all those years wanting to take our domains away from us, whether for legitimate reasons or not.
You win ; You really nailed your point home. We’ve all been humbled by your domain prowess. You should start a blog so we can take your advice and not make any mistakes along the way.
Gnanes
There are domainers who still buy and sell TM domains. Some of these guys have been in the industry for more than 5 years. Check the Completed Domain Sales thread on NamePros > iPhone search > http://www.namepros.com/results-4966775.html
You can find others when they list bulk domain sales. You’ll find plenty of TM infringing domains in their list.
Gnanes
Some will only learn if it happens to them. So why bother trying to educate them if they won’t listen?
Mike
I think Roger doesn’t understand that we are in the days of money talks and at the end of the day these companies aka”trademark holders” have an army of lawyers that will not stop till your broke.
I’ve purchased domains in bulk and many times have had to delete about 50% or more of theme because they infringe on someone’s trademark all Rick and these other good folks on here are doing is trying to educate you.
If I was you I would NOT stir the pot anymore then you have already.
And take some time and do your home work and read the UDRP it’s free and you don’t have to be a lawyer to understand it.
Here is the link: http://archive.icann.org/en/udrp/udrp-policy-24oct99.htm
Cheers, Mike
BillW
@Roger-
There are companies who scout out infringing domains like yours on behalf of the Fortune 500 companies. Take a read at thedomains.com, there was an article in the last 3 weeks about Google going after a few dozen”squatters” on thier name….exactly what is going to happen to you sooner, or later.
Its one thing to write a blog or article on a name or product, but a WHOLE DIFFERENT universe to build a permanent website for self serving purposes and financial gain off their trademarks and brands.
Kevin M.
Roger S, if you really want to sell these names for some good money, send an email with a list of the names to forinfo@CitizenHawk.com. They’re not worried about trademarks, and pay really good money for names like these. You’ll be glad you did!
ShuwiX
Roger: If several morons have same opinion, it doesn’t mean that they are right.
Also, if you have only few TM domains, you’re still infringer
Also if you sell TM domain, it doesn’t mean you’re out of it.
Plenty of TM domain issues are solved by agreement.
But not when you pick TM domain of companies that are well known for hunting down all TM infringers.
I think this describes you and your infringer friends.
Some people don’t recognize LOAD OF SH!T until it hits them.
I was sort of thief since I was like 13 yo. I’m not blaming thieves for being thieves.
I just don’t justify someone ignoring valuable information and persisting in own moronism.
TM
i’m guessing he has Realty domains as well, lmao
Anunt
Even though its wrong to buy and sell TM Names…there are several big companies doing this…like Godaddy Auctions…GoDaddy probably makes millions doing this.
Domain industry is still young…rules are going to get tougher as domaining matures….people and companies can get away with this crime now…but not in the future.
Good Luck to ALL
Sodum Eswehtut
wannabedomainerswithpersonalitydisorders.com is available. SOMEONE HURRY!
Joao
Wow. So you are a tm expert. Good for you, that will be handy when you get hit…good luck on that.
Oh wait, you dont need luck. You have your butthole filled with abundant arguments.
Dawn
I’m new to domaining.
Are names like ipad and ipod only poor choices to own if they are linked to a specific model eg. iphone5 or is the term itself unwise to use?
Thanks for any enlightenment.
Ze
So…….. cax.com, sedo.com, godaddy.com, afternic.com and most domain markets…. they are all a bunch of Rogers?? Profiting from trademarked domains IS the issue here right? Why is an individual a criminal, but a business doing the exact same thing, not??
I don’t see Apple or any other top 500 company spending their resources going after some dude who own’s a trademark domain, unless it’s affecting their bottom line and (or) brand image at a scale large enough to justify the spending. Are Roger’s domains affecting Apples bottom line??? How can you get 100 grand of someone who has $5 in the bank?? UDRP’S, lawsuits, cease and desist’s… all this costs money and big companies don’t get there by spending it on legal actions to get pigeon shit domains under their control. This is a fact.
There is a big difference between buying and selling trademark domains, and, developing websites and profiting from a trademark you don’t own. The first, brands have no control over. The last, I guess is what all this fuss is all about, but it doesn’t seem to be the case here,,, There are no websites on these names selling counterfeit, real or competing Apple products or services.
Roger is not alone and I estimate that way more than half of the people worldwide who trade domains, own trademarked ones. Frank Shilling owns trademarked domains. Run a search for”iphone” on his site and check how many he has…. Should we get on his case too?
the big question is why would you register iphone4 domains when iphone 4s was already out??? LOL
Tony
Dawn, if you put up a legit website reviewing the product or content of the like, I think it’s perfectly legal.
Just because you register a domain that contains a TM does not automatically make you a TM infringer.
Tony
The domains listed in this post are so worthless that the TM holders will not waste a split second going after the registrant. Time is money.
NA
Roger Seawright, it took me two minutes to find your real name, home address, phone number and email. You really think that any of these companies who you’re infringing on their TM’s won’t be able to do the same? The false address and phone you have on these domains doesn’t protect you. You live in Germantown, not Columbia.
How would you feel if one of us registered a domain that was identical to the one you use for your photography business? What you are trying to do is a slimy way to make money, don’t you recognize right from wrong?
If you really want to see how quickly you’ll get taken to to court for these kind of domains and get hit with a judgement for $100K for each one, go register some for Verizon and Lego and then show up in court without representation.
Go do something else with your time, because you’re playing with fire and only hurting yourself and the industry.
Andreas
Rick
Leave him alone now.. he’s just a young lad who obviously doesn’t have much experience.. probably special needs too.
Take a look at his site you can see there he’s not a contender, and I’m sure his father would go ballistic if he knew about this.
Saying that.. these domains probably do need removing from him somehow. How about talking to his father if you have a number.
drrdroid
WOW WOW what a fubar mess, Rick you have to much class for this B.S this dude is dragging you down. Let’s get over it the show must go ON.
lots of luck at T.R.A.F.F.I.C.
drrdroid
forgot my 2 cents
Arbitrator Blasts CitizenHawk for Boilerplate UDRP Filing
Thursday, April 22nd, 2010
Panelist calls out mass UDRP filer for automated case submission.
Just how does CitizenHawk file so many UDRP cases? It appears to use an automated UDRP generator or template to quickly file cases. And a panelist with National Arbitration Forum is calling B.S.
The case in question is on behalf of CitizenHawk client LetsTalk.com. The company tried to get LetzTalk.com, arguing that it differs by only one letter from its LetsTalk.com mark. But the complaint contained irrelevant and erroneous information, and the panelist wasn’t pleased. When CitizenHawk tried to file an additional submission, the panelist wrote:
Having carefully reviewed Complainant’s initial submission, the Panel believes that it was prepared by some sort of automatic process with little or no human review. For example, the Complaint refers throughout to “Complainant’s Mark(s)†and “Disputed Domain Name(s),†even though there is only one relevant mark and one domain name in dispute. The Complaint includes an obviously false contention regarding the timing of the registration of the disputed domain name, and includes other extraneous boilerplate material (for example, argument and authorities for the proposition that a top-level domain is irrelevant to the question of identicality or confusing similarity—clearly inapplicable in this case, where the trademark includes “.comâ€).
Ouch. Panelist David E. Sorkin refused to consider the additional submission, and found that the domain name was not registered and used in bad faith.
NoTie
Everyone is missing the point.
The domains are crap, infringing or not.
iPhone 4? Yesterday’s news.
.NET? Close but no cigar.
They’re not worth anything in a sale, and they could cost a lot more in legal fees. It’s all negative.
Privy Domains
Rick,
I just read through some comments & your replies. I am following you since long and my sincere friendly advice IMHO is DON’T WASTE TIME WITH SUCH PEOPLE.
Also we read your blog to get some good advice from you and would really appreciate if you would continue with that.
Sorry if i am being blunt
Stephen G.
@Roger S,
In case you’re still reading responses… In a way, you make a valid point that intellectual property laws and rights (e.g., trademark, copyright) aren’t always necessarily black and white–and that a domain that might appear (to a layman) to be infringing may not be found to be infringing by a fact finder based on the domain’s use. Therein lies the problem: a claimant might believe it has a winning claim of infringement even if the claimant doesn’t. So, while a fact finder may not ultimately find infringement, the process by which to get to that point can be very costly (emotionally and economically–even if awarded attorney’s fees) to the alleged infringer. Which is the point that I think a lot of folks commenting here are making in a roundabout way–why risk putting one’s self into that potentially costly position? If the economics are such that the benefit substantially outweighs the risk, then your business model may make sense from a strictly financial point-of-view, but, on its face considering some of the example domains, it doesn’t appear (I could be wrong) to be economically beneficial. Of course, the foregoing doesn’t consider all of the other tangential (but real) issues, such as industry reputation, that may arise from your business model.
James Wester
Rick… surely you had to just make this up for a good laugh and some stickiness for TRAFFIC 2012 ;) Thanks for the laugh!
Viljami
Kevin M., well that was an asshole move… You do realize that Roger S. is probably just a child/teenager? What if he really does send an email to CitizenHawk? Life pretty much ruined. He’s wrong, of course, but that was not funny imho.
Bruce Diller
Imagine if Roger S and Marcello did an open mike comedy routine together … I KNOW it’s impolite to laugh at morons yet I do love humor. LOL LOL LOL
Patrick
This guy is in total denial. I would not pay reg. price for this domains.
How would you like to have him in your economics class? Roger you must of worked on Wall Street and helped screw up the world. They have no value !!! You better heed their words on the trademark side, but I sense who ever sues you can’t get shit anyway.
A world renowned domainer tells you they are crap and super defensive. Life is to short, take your bad karma and chose another industry.
Please post your email address, we all have some great domains for you….our shit pile…lol
Roger do the world a favor and get back on your meds.
pov
I would like to hear from those regarding notable domainers like Frank that you reference on this subject, and how it differs.
Kevin M.
No I don’t realize/know that, no more so than I’d know or realize you’re a monkey. Good grief. You’ve told nothing about yourself, and neither has he, so what is there to ‘realize’?!? Are we supposed to ‘guess’ he’s a child/teenager, and whatever you are? Get a life. If he knows enough about domains to read blogs and eschew his knowledge of what ‘good domains’ are, then he should know whether to send CitizenHawk his domains or not. So tbh, who cares what’s funny or not ‘in your opinion’!
E-business Websites
Message to Roger S.: If you are going to develop and flip domains with questionable, if not obvious, trademark infringements then do everyone a favour and”shut up about it” and go about your business until you get burned. The asinine aspect of this all is the fact that you are trying to push the sale of these ‘properties’ on a public conference that is likely to appear on local, if not nationwide, news coverage. And crying like a little ‘*!tch’. Do I need say more!!
Paul Omego
Folks,We dont have to worry over who is right or wrong on this subject,I think the link below can help us further to enjoy this discussion,I like to learn from everything i see,hear or read and would like to learn more from your own views and understanding about this article below since it is related to the discussion here.Cheers.
http://www.thedomains.com/2010/07/11/federal-court-rules-against-toyota-in-domain-case-buy-a-lexus-com-buyorleaselexus-com/
Show us the money...
Intellectually these types of people really are runts, but at the same time they are wanabees, it creates a vicious cycle, they chase their tail until eventually and they get too old or too tired and give it all up.
Just play along and humour them if you want some sport… then slam dunk them. Its more fun from a greater height.
CigarAficionado.ORG - Trademark Violations - I'm picking a fight with a heavy weight - Page 2
[…] http://www.sellingfearlessly.com/201…he-says-it-is/ and yet another from Rick Schwartz… http://www.ricksblog.com/2012/09/her…ringer-expose/ You're a shining example of why the media commonly refers to all domainers as […]